Arizona Uncontested Dissolution of Marriage Petition and Consent Decree Filing Packet

ARIZONA UNCONTESTED DISSOLUTION OF MARRIAGE — PETITION AND CONSENT DECREE FILING PACKET

PART 1 — JURISDICTIONAL AND PROCEDURAL CHECKLIST

A. Domicile Requirement (A.R.S. § 25-312(1))

☐ One party has been domiciled in Arizona for at least 90 days preceding the filing of the Petition for Dissolution of Marriage.

☐ OR a party is stationed in Arizona as a member of the U.S. Armed Forces and has maintained that military presence for at least 90 days before filing.

Domicile indicators (Petitioner):

• ☐ Arizona driver's license / state ID issued [__/__/____]
• ☐ Arizona voter registration
• ☐ Arizona vehicle registration
• ☐ Arizona state income tax filing
• ☐ Lease, deed, or mortgage at Arizona address
• ☐ Continuous Arizona military duty station

B. Grounds (A.R.S. §§ 25-312(3), 25-316)

☐ The marriage is irretrievably broken with no reasonable prospect of reconciliation.

☐ This is NOT a covenant marriage. (If covenant marriage, A.R.S. § 25-903 grounds apply — separate procedure.)

C. 60-Day Waiting Period (A.R.S. § 25-329)

☐ The Court may not enter a Decree of Dissolution earlier than 60 days after the date of service of process on the Respondent (or the date the Respondent signs an Acceptance of Service / Waiver).
☐ Earliest possible date for entry of Decree: [__/__/____]

D. Preliminary Injunction (A.R.S. § 25-315; ARFLP Rule 25)

A Preliminary Injunction is automatically issued by the Clerk upon filing of the Petition. It binds the Petitioner immediately on filing and binds the Respondent upon service. The Preliminary Injunction prohibits:

1. Transferring, encumbering, concealing, selling, or disposing of joint, common, or community property, except in the usual course of business or for the necessities of life, without written consent or a court order;
2. Molesting, harassing, disturbing the peace of, or committing assault on the other party or any child;
3. Removing any natural or adopted child of the parties under 18 from Arizona without prior written consent or a court order; and
4. Removing or canceling any insurance, including life, health, automobile, or disability insurance, currently held for the benefit of the other party or the children.

☐ Two copies of the Preliminary Injunction presented to the Clerk with the Petition.
☐ Preliminary Injunction served on Respondent with the Petition and Summons.

E. Venue (A.R.S. § 25-312)

☐ Filing in the Superior Court of Arizona for [_____________________ County], where ☐ Petitioner ☐ Respondent resides.

F. Procedural Roadmap

Standard Uncontested Track (most common):

☐ Petitioner files Petition for Dissolution, Family Court Sensitive Data Sheet, Preliminary Injunction (2 copies), Notice of Right to Convert Health Insurance, and Summons.
☐ Respondent is personally served OR signs Acceptance of Service (notarized).
☐ Respondent files Response (uncontested — agrees with relief sought) within 20 days of service (in-state) / 30 days (out-of-state).
☐ Parties file Joint Pretrial Statement / Consent Decree and supporting documents.
☐ Wait at least 60 days from service.
☐ Court enters Consent Decree of Dissolution.

Summary Consent Decree Track (ARFLP Rule 45.1):

☐ Available only if parties resolve all issues BEFORE either has filed a Petition for Dissolution.
☐ Parties file Summary Consent Petition and Summary Consent Response simultaneously, with Preliminary Injunction (2 copies) and full settlement papers.
☐ 60-day mandatory waiting period from filing.
☐ Court must set the matter for hearing or rule on the lodged Summary Consent Decree no later than 81 days after filing.
☐ Either party may withdraw before entry of the decree (case continues as standard dissolution).

G. Children — Parent Information Program

☐ No children of the marriage / no children under 18.
☐ Children under 18 exist — each parent must complete the Parent Information Program within 45 days after service of the Petition (A.R.S. § 25-352).
☐ Certificates of completion filed with the Court.

H. Filing Fees (verify current schedule)

☐ Fee Deferral / Waiver application filed (Form 1 / Form 2).

PART 2 — PETITION FOR DISSOLUTION OF MARRIAGE (NON-COVENANT)

PETITION FOR DISSOLUTION OF MARRIAGE (NON-COVENANT)

Petitioner, [PETITIONER FULL LEGAL NAME], for the Petition states:

2.1 Petitioner

• Name: [_________________________]
• Date of birth: [__/__/____]
• Length of Arizona domicile: [______________]
• Address: [____________________________________________]
• Telephone: [______________]

2.2 Respondent

• Name: [_________________________]
• Date of birth: [__/__/____]
• Last known address: [____________________________________________]
• Member of U.S. armed forces? ☐ Yes ☐ No (if yes, SCRA applies — § 25-348)

2.3 Jurisdiction (A.R.S. § 25-312)

• ☐ Petitioner has been domiciled in Arizona for at least 90 days preceding the filing of this Petition.
• ☐ The conciliation provisions of A.R.S. § 25-381.09 do not apply or have been met.
• ☐ The marriage is NOT a covenant marriage.

2.4 Marriage

• Date of marriage: [__/__/____]
• Place of marriage: [____________________________________________]
• Date of separation: [__/__/____]

2.5 Grounds

The marriage is irretrievably broken. There is no reasonable prospect of reconciliation. A.R.S. § 25-312(3).

2.6 Children of the Marriage

☐ There are no children common to the parties.
☐ There are common children:

☐ No party is pregnant. ☐ A party is pregnant; expected delivery: [__/__/____].

UCCJEA Disclosure (A.R.S. § 25-1039): each child's residence for the last 5 years and any other custody proceedings involving the child(ren) are disclosed in the attached Affidavit Regarding Minor Children.

2.7 Property and Debts (A.R.S. § 25-318)

Arizona is a community property state. Petitioner requests that the Court divide all community property and community debts in an equitable manner, and confirm each party's separate property as their sole and separate property.

Summary of community property (attach Schedule A if needed): [____________________________________________]

Summary of community debts (attach Schedule B if needed): [____________________________________________]

2.8 Spousal Maintenance (A.R.S. § 25-319)

☐ Petitioner does not request spousal maintenance and waives it permanently.
☐ Petitioner requests spousal maintenance in the amount of $[__________]/month for [____] months on the grounds set forth in A.R.S. § 25-319(A).

2.9 Legal Decision-Making and Parenting Time (A.R.S. §§ 25-403, 25-403.02)

☐ Not applicable — no minor children.
☐ Petitioner requests:

• Legal decision-making: ☐ Joint ☐ Sole — to [______________]
• Parenting time: as set forth in proposed Parenting Plan attached.

2.10 Child Support (A.R.S. § 25-320; Arizona Child Support Guidelines)

☐ Not applicable.
☐ Calculated per Arizona Child Support Guidelines — Worksheet attached. Petitioner requests support of $[__________]/month via Income Withholding Order through the Support Payment Clearinghouse.

2.11 Other Requests

• ☐ Restoration of former name to [_________________________].
• ☐ Attorney fees and costs (A.R.S. § 25-324).
• ☐ Health and life insurance maintenance for children.

2.12 Prayer for Relief

WHEREFORE, Petitioner respectfully requests that the Court:
A. Dissolve the marriage;
B. Confirm separate property;
C. Equitably divide community property and debts;
D. Award spousal maintenance as requested (if any);
E. Order legal decision-making, parenting time, and child support (if applicable);
F. Restore Petitioner's former name (if requested);
G. Award attorney fees and costs (if appropriate);
H. Grant such other relief as is just and equitable.

2.13 Verification

I declare under penalty of perjury that the foregoing is true and correct.

Dated: [__/__/____]

_____________________________________
[PETITIONER FULL LEGAL NAME]

PART 3 — PRELIMINARY INJUNCTION (A.R.S. § 25-315) — PRESENTED FOR ISSUANCE

PRELIMINARY INJUNCTION

Upon the filing of the Petition for Dissolution of Marriage, the Clerk shall issue this Preliminary Injunction pursuant to A.R.S. § 25-315. This Preliminary Injunction is effective against the Petitioner upon filing and against the Respondent upon service.

IT IS HEREBY ORDERED AS A PRELIMINARY INJUNCTION:

1. Both parties are enjoined from transferring, encumbering, concealing, selling, or otherwise disposing of any joint, common, or community property of the parties, except in the usual course of business, for the necessities of life, or with written consent of the other party or upon court order.

2. Both parties are enjoined from molesting, harassing, disturbing the peace of, or committing assault on the other party or any natural or adopted child of the parties.

3. Both parties are enjoined from removing any natural or adopted child of the parties under 18 then residing in Arizona from the state without prior written consent or a court order.

4. Both parties are enjoined from removing or causing to be removed the other party or the children from any existing insurance coverage, including life, health, automobile, and disability insurance. Both parties shall maintain all such insurance in full force and effect.

WARNING: Violation of this Preliminary Injunction may be punished as contempt of court.

Issued: [__/__/____]

_____________________________________
Clerk of the Superior Court, [_____________________ COUNTY]

PART 4 — SUMMONS AND ACCEPTANCE / WAIVER OF SERVICE

4.1 Summons (issued by Clerk)

To: [RESPONDENT] — You are summoned to appear and defend within 20 days (in-state) / 30 days (out-of-state) after service of this Summons. Failure to appear may result in default and entry of a Decree by the Court without further notice.

4.2 Acceptance of Service and Waiver

I, [RESPONDENT FULL LEGAL NAME], acknowledge receipt of the Petition for Dissolution of Marriage, Summons, Preliminary Injunction, Notice of Right to Convert Health Insurance, Notice Regarding Creditors, and Sensitive Data Sheet. I:

☐ Waive personal service of process and accept service as of [__/__/____].
☐ Understand the 60-day waiting period under A.R.S. § 25-329 begins on [__/__/____].
☐ Will file a Response within 20 days.

_____________________________________ Date: [__/__/____]
[RESPONDENT FULL LEGAL NAME]

(Notary acknowledgment.)

PART 5 — RESPONSE (Uncontested / In Agreement)

RESPONSE TO PETITION FOR DISSOLUTION OF MARRIAGE

Respondent, [RESPONDENT FULL LEGAL NAME], for the Response states:

1. Respondent admits the jurisdictional allegations of the Petition and that the marriage is irretrievably broken.
2. Respondent agrees with the relief requested in the Petition or as modified in the parties' Consent Decree.
3. Respondent has reviewed the Preliminary Injunction and understands its terms.
4. ☐ A signed Consent Decree and supporting documents accompany this Response.

Dated: [__/__/____]

_____________________________________
[RESPONDENT FULL LEGAL NAME]

PART 6 — SETTLEMENT TERMS (incorporated into Consent Decree)

6.1 Property Division (A.R.S. § 25-318) — Community Property

6.2 Debt Allocation

6.3 Spousal Maintenance

☐ Permanently waived by both parties; non-modifiable; A.R.S. § 25-319(D).
☐ [Payor] pays [Payee] $[__________]/month for [____] months. Modifiable: ☐ Yes ☐ No.

6.4 Legal Decision-Making and Parenting Time

☐ Not applicable.
☐ Legal decision-making: ☐ Joint ☐ Sole to [______________].
☐ Parenting Plan (A.R.S. § 25-403.02) attached as Exhibit A and adopted by reference.

6.5 Child Support

☐ Not applicable.
☐ Calculated under Arizona Child Support Guidelines — Worksheet attached.
☐ [Payor] pays $[__________]/month via Income Withholding Order through the Arizona Support Payment Clearinghouse.
☐ Health insurance: provided by [__________]. Uncovered medical: [____]% / [____]%.

6.6 Tax Matters

• Dependency exemptions: [____________________________________________].
• Filing status for prior joint year(s): [____________________________________________].

6.7 Name Restoration

☐ Petitioner's former name is restored to: [_________________________].

6.8 General Provisions

• Each party warrants full disclosure of assets, debts, and income.
• Each party had opportunity to consult independent counsel.
• This settlement is fair and equitable; not the product of fraud, duress, or undue influence.
• Each party releases all claims not expressly preserved.

PART 7 — CONSENT DECREE OF DISSOLUTION OF MARRIAGE

CONSENT DECREE OF DISSOLUTION OF MARRIAGE (NON-COVENANT)

The Court, having reviewed the Petition for Dissolution, the Response, the parties' agreement, the supporting affidavits and worksheets, and the file herein, finds:

1. The Court has jurisdiction over the parties and subject matter.
2. Petitioner has been domiciled in Arizona for at least 90 days preceding the filing of the Petition.
3. The conciliation provisions of A.R.S. § 25-381.09 do not apply or have been met.
4. The marriage is irretrievably broken and there is no reasonable prospect of reconciliation. A.R.S. § 25-312(3).
5. The 60-day waiting period of A.R.S. § 25-329 has elapsed.
6. The parties' agreement regarding property, debts, support, and (if applicable) legal decision-making, parenting time, and child support is not unfair as to property and debt and is in the best interests of the children.
7. Child support, if any, is computed in accordance with the Arizona Child Support Guidelines.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED:

A. Dissolution. The marriage between [PETITIONER] and [RESPONDENT] is DISSOLVED, and the parties are restored to the status of unmarried persons.

B. Property. Community property is divided as set forth in Part 6.1 and the attached settlement; each party's separate property is confirmed.

C. Debts. Community debts are allocated as set forth in Part 6.2 and the attached settlement; each party shall indemnify and hold the other harmless from the debts assigned to them.

D. Spousal Maintenance. ☐ Waived permanently. ☐ As set forth in Part 6.3.

E. Legal Decision-Making and Parenting Time. (If applicable) As set forth in the Parenting Plan attached.

F. Child Support. (If applicable) As set forth in the Child Support Order attached. Income Withholding Order issues concurrently.

G. Name Restoration. Petitioner's former name is restored to [_________________________].

H. Preliminary Injunction. The Preliminary Injunction issued under A.R.S. § 25-315 is dissolved upon entry of this Decree, except as expressly continued herein.

I. Continuing Jurisdiction. The Court retains continuing jurisdiction to enforce and (where permitted) modify support, custody, and parenting time orders.

J. Effective Date. This Decree is final and effective upon entry by the Court.

DONE in open court / by the Court this [____] day of [__________], 20[____].

_____________________________________
Judge of the Superior Court

APPROVED AS TO FORM AND CONTENT:

_____________________________________ _____________________________________
[PETITIONER] [RESPONDENT]

PART 8 — SUMMARY CONSENT DECREE TRACK (ARFLP Rule 45.1) — REFERENCE

☐ Parties file Summary Consent Petition AND Summary Consent Response simultaneously, with full settlement documents (property settlement, parenting plan if applicable, child support worksheets).
☐ Two copies of Preliminary Injunction presented for issuance (ARFLP 45.1(c)).
☐ Within 60 days after filing, parties submit all required settlement documents.
☐ Court may not enter a final Summary Consent Decree earlier than 60 days after filing.
☐ Court must set the matter for hearing OR rule on the lodged Decree no later than 81 days after filing.
☐ Either party may file a Notice of Intent to Withdraw before entry of the Decree; case then converts to standard dissolution upon payment of remaining fees and filing of pleadings under Rule 23.

PART 9 — POST-DECREE CHECKLIST

☐ Certified copies of Consent Decree obtained.
☐ Income Withholding Order issued (if child support / maintenance) — sent to employer / Clearinghouse.
☐ QDRO drafted and qualified for retirement asset division.
☐ Real property deeds executed and recorded with County Recorder.
☐ Vehicle title transfers at Arizona MVD.
☐ Health insurance: COBRA or state continuation election within 60 days.
☐ Beneficiary designations updated (life insurance, retirement, payable-on-death).
☐ Name change updates: SSA, AZ MVD, U.S. passport, banks.
☐ Estate plan updated (will, durable POA, healthcare POA, beneficiary designations).

PART 10 — SOURCES AND REFERENCES

• Arizona Revised Statutes, Title 25 (Marital and Domestic Relations): https://www.azleg.gov/arsDetail/?title=25
• Arizona Judicial Branch — Family Law Self-Service: https://www.azcourts.gov/selfservicecenter/Family-Law
• Arizona Rules of Family Law Procedure (ARFLP): https://www.azcourts.gov/rules/Forum-on-the-Rules
• Maricopa County Superior Court — Family Court forms (DR / Summary Consent Decree): https://superiorcourt.maricopa.gov/llrc/family/
• Arizona Child Support Guidelines (effective current version)
• Notice of Right to Convert Health Insurance and Notice Regarding Creditors (required attachments under § 25-313)