What is a summary consent decree?
A summary consent decree for divorce is a legal document used in the state of Arizona that outlines rights and responsibilities for separating spouses during a divorce. It provides guidance on how to divide up assets, debts and other matters related to property division as equitably as possible. The agreement is based on mutual agreement by both parties and must be approved by the court. Additionally, it requires adherence to current family law within the state of Arizona, including any special provisions pertaining to same-sex marriages or domestic partnerships. The court will enforce any violations of the Consent Decree, making it important for both parties to fully understand their individual rights and obligations before signing off.
How do I get a consent decree in Arizona?
The steps to get a Consent Decree in Arizona for divorce depend on the specifics of the divorce proceedings. Generally, here are the steps:
- File a Complaint for Divorce or Petition for Dissolution: This is essentially a formal request for dissolution of marriage or termination of domestic partnership.
- Serve the Petition/Complaint: One spouse must serve legal notice to the other, notifying them of their right to a summons and complaint if they wish to contest any aspects of the filing.
- Appear at Preliminary Hearing: Both spouses must appear before an appointed judge at this stage where initial requests and demands may be heard, discussed and clarified.
- Establish a Summary Consent Decree: This is an agreement that outlines how assets, debts and child support will be divided according to state law–allowing parties involved in the divorce proceedings to come to an agreement without having to go through a full-length trial process.
- Present Agreement: Once finalized, both spouses present their agreed-upon Decree for approval by court; once accepted it becomes legally binding on both parties despite any changes that may occur post-judgement.
