What is a Consent Decree With Children Document?
This is the final order dissolving your marriage or granting you a legal separation. It shows the court that you and your spouse (Petitioner and Respondent) have come to agreement on all the major issues surrounding your divorce.
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- If you and your spouse do not agree on the terms of the divorce or legal separation, do not file this form.
- If your marriage is a Covenant Marriage, do not file this document. What’s a Covenant Marriage?
- If you filed a Petition for Dissolution of a Non-Covenant Marriage Without Children, see the Consent Decree Without Children for more information.
- Within this Decree, either spouse may have his/her name legally restored to the pre-marital last name.
What Must I Complete Before Submitting the Consent Decree?
There are several documents and steps that must be complete before you may submit your Consent Decree to the court. We’ve outlined them below.
At least 60 days must pass after the Dissolution of Marriage Petition was served (or signed an Acceptance of Service) before you may submit a consent decree to the court.
Before submitting your consent decree, you and your spouse must prepare and sign (in front of a notary) a written settlement agreement. The settlement agreement resolves all issues, including:
- Division of property
- Division of bills/payments
- Child custody
- Child support
- Parenting time
- Child decision making authority
- And more
Other requirements include paying all filing or other fees associated with the case and attending a parenting class. Arizona law requires all parents to attend a parenting class and submit the certificate providing proof of attendance to the court. Find out more about that here.
Finally, you will present the Consent Decree to the judge for his/her signature. Note: If either you or your spouse was represented by an attorney, the attorney must sign the document too.
If the judge finds the Consent Decree acceptable and the 60-day period has passed, he/she will sign the decree and grant you the legal separation or dissolution of marriage (divorce).