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:
Parenting Class
A
parenting class is required to be taken in accordance with the Order and Notice
to Attend Parent Information Program Class, filed with the initial case
documents, within 45 days from the date the Respondent is served with, or
accepts service, of the Petition. This class may now be taken online at Parenting Class Link - Children In Between
Step 4: Parties Review and Sign the Consent Decree
Step 4: Parties Review and Sign the Consent Decree
The
parties will review, revise and sign the Consent Decree and other required
documents. 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 5: 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 http://www.arizonalegaldocs.com/arizona-divorce.asp
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