A summary dissolution of marriage enables couples who are in complete agreement regarding all terms of divorce to dissolve the marriage without an appearance in family court. A summary dissolution can be a feasible option for many couples, especially couples without children or complex assets. Additionally, it is one of the simplest, least costly, and most expedient options for ending a marriage. Learn more about summary dissolution of marriage and whether it may be right for you.
What Is a Summary Dissolution of Marriage?
There are several different types of divorces available to couples residing in Arizona, but when most people hear the word divorce, they think of lengthy negotiation followed by extensive litigation. If the couple cannot agree on the terms of the divorce, there may be many disputes that must be negotiated with the help of both parties’ lawyers. Then, the judge must make the final decision regarding how to divide assets, split parenting time, and more. Fortunately, an expensive, time-consuming divorce is not a given when a couple can work together to come to an agreement.
A summary dissolution of marriage in Arizona is unique from most other kinds of divorce, although it is similar to an uncontested divorce. To achieve a summary dissolution, the couple must agree on all factors involving the divorce and be willing to split all court fees. It is important to note that neither spouse can request spousal support as part of the settlement, so all financial ties end after the dissolution of marriage is complete.
When the couple begins the process, they must jointly file the necessary petition. If they meet all the requirements for a summary dissolution, the court can enter a summary consent decree without a hearing.
This kind of divorce is unique in the sense that it is designed for couples without children who have relatively straightforward marital property and marital debt. Resolving matters that can cause lengthy divorce proceedings as divorce lawyers try to negotiate on the couple’s behalf. Summary dissolution is a much simpler divorce process that does not involve most of the complex, contentious components of child custody agreements like child support and spousal support. This streamlined, efficient process can save couples time, money, and even emotional distress.
Eligibility for Summary Dissolution in Arizona
Before embarking upon the summary dissolution process, it is important to determine your eligibility for summary dissolution in Arizona.
These requirements apply for a summary dissolution:
- Both individuals desire to be divorced
- Both spouses wish to create an agreement that covers all issues involving the divorce
- Both spouses agree to split the court fees
- One or both spouses have lived in Arizona for at least 90 days
- The couple believes that their marriage is irretrievably broken
- The couple has either attempted reconciliation services or believes that there is no hope for reconciliation
- The couple does not have a covenant marriage
- The couple does not have any children resulting from the marriage
- The couple has little complex community property or shared debts
- Both individuals agree to forgo spousal support
- Both spouses agree to voluntarily sign all necessary documents
Once the couple has determined that requirements have been met, they can work together to begin the process of filing for a summary divorce.
Benefits of Summary Dissolution of Marriage
There are several benefits of a summary dissolution of marriage that may make it a valid choice for Arizona residents.
Faster than Traditional Divorce
Summary dissolution of marriage can be a quick divorce option in Arizona, as it does not take as long to resolve as traditional divorce proceedings. Traditional divorce litigation can take years to reach a settlement if the couple has children and has amassed a large volume of valuable assets between them. A dissolution of marriage takes a minimum of 61 days to complete (ARS 25-314), but it can take as long as 90 to 120 days to finalize.
More Affordable than Traditional Divorce
Another benefit of summary dissolution of marriage is that it is one of the most affordable divorces in Arizona. In most cases, the divorcing couple spends less money on legal fees, as they will likely not need to participate in extensive litigation to complete the divorce process. If the couple can create an agreement that covers all terms of the divorce, they may not need multiple negotiation sessions and other fee-generating legal services.
The couple must also agree to split the cost of any legal fees. As there are fewer court documents required due to the absence of children and complex community property holdings, court costs are reduced, as well. Overall, summary dissolution of marriage is one of the least expensive options for divorcing in the state of Arizona.
Reduced Emotional Strain
Because this kind of divorce is based on mutual agreements, the couple is likely to experience much less emotional strain during the divorce proceedings compared to traditional divorce. Contested divorces where couples are unable to agree on important elements of the divorce, such as child custody or spousal support, can be very fraught with tension. This tension – and the resulting arguments and animosity – can be emotionally devastating for couples and their families. Summary dissolution mostly eliminates the issues that cause emotional tension from the divorce process.
The Process for Summary Dissolution in Arizona
Like any divorce, an Arizona summary divorce process involves following several steps.
These steps include:
1. Jointly Filing Forms
You or your partner must file a Petition for the Dissolution of Marriage with the superior court of your county of residence. There will be a fee associated with filing this document that must be split between you and your spouse. An important component of filing this petition involves stating that you both believe the marriage to be irretrievably broken. You must also alert the court that your marriage is not a covenant marriage.
Other documents may also be required along with the petition, including:
- A preliminary injunction
- A notice of right to convert health insurance
- A notice to creditors
- A sensitive data sheet
- A settlement agreement
These documents must be copied before being filed so that one copy can be given to you for your personal records and another copy is given to your spouse. As the petition is filed together, serving your spouse a notice of this petition is unnecessary.
2. Providing Proof of Eligibility
To continue the process, you must provide proof that you and your spouse are eligible for a summary dissolution of marriage. This includes providing proof that the marriage did not produce any children. You may also need to provide evidence that you, as a couple, do not have any shared property.
3. Submitting the Dissolution Agreement
A dissolution agreement, or a settlement agreement, is a document outlining all relevant terms concerning the divorce. All the terms contained within are mutually agreed upon by both spouses. You must both sign the document before a notary before submitting it to the court. This agreement will be held by the court for a 60-day period, known as the cooling-off period, which is a way for the state to ensure that the couple truly wishes to continue with the divorce.
4. Final Approval
After the 60-day period, a judge will review the dissolution agreement. In most cases, the couple does not need to appear in court for review or approval. Once approved, the judge will sign the dissolution, rendering the marriage legally dissolved. You and your spouse will receive copies of the signed, finalized divorce decree in the mail, which you should keep for your records.
Is Summary Dissolution Right for You?
A summary dissolution is a unique solution designed for couples in certain circumstances, and it is not the right option for everyone. But it may be right for you if you and your spouse have a relatively uncomplicated marriage without children, complex assets, and constant disagreements.
For example, a summary dissolution of marriage can be a great choice for couples who are in agreement regarding all the factors involving divorce and can settle its dissolution amicably. It is also ideal for couples that do not have substantial marital debts, complex assets, or significant assets to divide between them.
Summary dissolution may also appeal to those who have not been married for an extensive period of time, as those couples often have no children, have not purchased property, and have limited financial investments. In Arizona, this simple divorce process is created for couples that are anticipating an uncomplicated divorce, have few assets between them, have no disputes to negotiate, and have no children who require the creation of a parenting and child support agreement.
Who Should Not Consider a Summary Dissolution of Marriage?
Because of the requirements that must be met in order to be eligible for this kind of divorce, there are many for whom this option is not appropriate. If, for example, the couple cannot make decisions amicably or disputes arise over several issues concerning the divorce, summary dissolution may prove to be impractical. Additionally, if the couple has significant assets or hidden debts, summary dissolution may not be an appropriate option.
If children are involved, a parenting agreement outlining parenting time, decision-making rights, and child support must be a part of the divorce agreement, automatically disqualifying the spouses from a summary dissolution. A couple with complex financial investments, several shared bank and retirement accounts, or a shared business would similarly not qualify for a summary dissolution.
How The Valley Law Group Can Help
While hiring a lawyer is not legally required to begin the summary dissolution process, it can be helpful to have an experienced divorce lawyer on your side. Even the simplest divorce processes frequently create confusion for people unfamiliar with divorce and family court, especially regarding the legal documents necessary. A lawyer can help you draft the appropriate documents accurately, file them with the superior court, and provide guidance throughout the process.
While summary dissolution cases are straightforward, it is still beneficial for both spouses to hire legal representation to assist them with each step. A seasoned divorce lawyer has built a deep understanding of Arizona divorce law, including the laws pertaining to summary dissolution of marriage. They also have experience with similar cases; although each case has unique circumstances, an attorney has the experience necessary to help you find the right options for your summary dissolution case.
The skilled divorce and family law team at The Valley Law Group has amassed decades of serving Arizona couples as they approach divorce and summary dissolution of marriage. We prioritize personalized representation that ensures that we consider every detail of your situation before building the appropriate strategy for your case. Perhaps even more importantly, we will walk you through the summary dissolution process with compassion while protecting your legal rights every step of the way.
Consult With an Arizona Divorce Attorney
Divorce is rarely an easy process; it can be both financially and emotionally draining. Still, summary dissolution of marriage can prove to be a less expensive, more streamlined way to dissolve the most straightforward marriages.
To discuss your unique circumstances and determine whether summary dissolution of marriage is right for you, contact The Valley Law Group for a free consultation.
Resources:
- File Summary Consent Decree Process for Divorce with Minor Children | Maricopa County. (2025). Maricopa.gov. https://superiorcourt.maricopa.gov/llrc/drdsc1/
- 25-314.01 – Summary consent petition and decree. (2025). Azleg.gov. https://www.azleg.gov/ars/25/00314-01.htm
Jonathan Roeder, Founder/Director of Marketing of The Valley Law Group, is an Arizona native who has dedicated his life and career to the service of others. After graduating salutatorian of his high school class, Jonathan attended beautiful and prestigious Pepperdine University, where he majored in Political Science. During his tenure at Pepperdine University, his passion for helping others grew after securing a clinical position with a residential treatment center for juveniles with substance addictions. Post-graduation, Jonathan returned to Arizona and served as a residential manager for mentally and physically disabled homes.
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