Saturday, September 28, 2013

Consent Decree Without Children

A Consent Decree is basically an agreement when all terms of the divorce are agreed to by the parties. 

Step 1: Initiating the Case

All cases start the same by initiating the action. The initial documents are prepared, reviewed, revised and signed by the Petitioner, the person initiating the case, and filed with the Court. The Petitioner will either pay the required filing fee, or file an application to defer or waive the filing fee, at the time of filing the initial documents.

Step 2: Service

The next step is to serve the documents filed with the Court. Service is accomplished by one of the following methods:

Process Server
Acceptance of Service
Certified Mail and an Affidavit of Service by Certified Mail 
Publication (used as a last resort when you cannot locate the other party for service) 

Step 3:  Parties Review and Sign the Consent Decree 

The parties will review, revise and sign the Consent Decree. Respondent's filing fee is paid or an application to defer or waive the filing fee is filed with the court. 

There is also a 60 day waiting period for divorce in Arizona pursuant to state law. This period begins the day after service. The parties may sign the Consent Decree prior to the expiration of the 60 days but the Consent Decree and other required documents cannot be submitted to the Court until after the 60 day deadline has passed.   

Step 4: Submission of Consent Decree to the Court 

The Consent Decree and other required documents are submitted to the Court with a self-addressed, stamped envelope for each party. Once the Court signs and files the documents, a set is mailed to each party directly from the Court. The divorce is final at this point.  

The information provided is based on Arizona family court procedures. This information is strictly informational and not legal advice. If legal advice is required, please consult with an attorney. Arizona Legal Document Services, L.L.C. has references available for family law attorneys.

You may contact us at 480-307-9306 or 602-595-7478 or visit our website We are located in Downtown Mesa at 101 W. Main St., Mesa, Arizona 85201 in the historic One Oh One Building and also in Downtown Phoenix at 112 N. Central Ave., Suite 450, Phoenix, Arizona 85004 in the historic Heard Building. 

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