What This Statute Says
Arizona dissolutions cannot move to a decree-on-the-merits hearing until at least sixty days after service or acceptance of process. The waiting period exists to give parties time to consider reconciliation, settlement, or simply to reflect on the magnitude of the decision.
The court shall not consider a submission of a motion supported by affidavit or hold a trial or hearing on an application for a decree of dissolution of marriage or legal separation until sixty days after the date of service of process or the date of acceptance of process.
A.R.S. § 25-329When This Statute Comes Into Play
This rule applies in every Arizona dissolution:
- The respondent has been served or has accepted service.
- One party files a motion seeking dissolution-related relief on the merits.
- The court evaluates whether the sixty-day period has run.
What This Means for Arizona Families
Sixty days can feel like a long time when a marriage is ending, but it is also the window in which most settlement and estate planning work happens. Using the waiting period intentionally produces better outcomes than treating it as a procedural inconvenience.
If your Arizona dissolution is in the sixty-day window, this is the time to update beneficiary designations, retitle accounts, and consult with an estate planning attorney about a refreshed plan. Our FAQ on how divorce affects your Arizona estate plan covers the parallel estate planning concerns. An Arizona family law attorney working with an estate planning attorney can use the waiting period to finalize any necessary updates to the revocable living trust, the will, and powers of attorney. Many spouses also use the period for negotiating a comprehensive settlement that can later be entered as a summary consent decree under A.R.S. 25-314.1, which is far less expensive and emotionally draining than a contested proceeding.