You reached an agreement. Are you divorced?
No. Finishing mediation does not end the marriage. A settlement may resolve the decisions between you and your spouse, but a court must enter the divorce decree. Until then, the legal process is still open or may not yet have started.
For Scottsdale spouses, the next steps usually involve reviewing the settlement, preparing the required documents and submitting them through the appropriate Maricopa County process. After the decree is entered, there may still be transfers, payments and other obligations to complete.
The most useful question at the end of mediation is: who will do each of those jobs, and by when?
First, confirm exactly what was resolved
Get a copy of the written agreement and identify any issue left open. A full settlement should address all required property, debt, support and child-related issues. A partial settlement can be valuable, but it does not become a complete divorce simply because the largest disagreement was resolved.
Compare the agreement with the notes and financial information used at mediation. Check account names, amounts, dates and any referenced attachments. If the parties agreed to sell a house, for example, the paperwork should explain how that will happen rather than leave the listing date and responsibility for expenses undecided.
A mediator's summary, a signed settlement and a proposed decree are different documents. Ask what has already been signed and whether any agreement was placed on a recording or court record.
Understand whether you are already bound
Arizona Family Law Rule 69 recognizes agreements that meet specified signing or recording requirements. A qualifying agreement may bind the spouses before a judge approves it. That is why legal advice is most helpful before accepting the terms, not only when the final decree arrives.
The rule separately requires court approval before the agreement binds the court. The judge must still perform the review required by law. Under A.R.S. § 25-317, property and maintenance terms are subject to the statutory fairness review, and child-related terms require their own review.
If you believe the document does not reflect what you agreed to, or you have concerns about pressure, missing information or another defect, get legal advice promptly. Do not assume you can simply disregard a signed agreement because the decree has not been entered.
Choose the filing path that matches your situation
If neither spouse has filed for divorce or legal separation
When both spouses reach a comprehensive settlement before either starts formal divorce or legal separation proceedings, Arizona offers the Summary Consent Decree process. The spouses file a combined petition and response. This option is established by A.R.S. § 25-314.01 and Family Law Rule 45.1.
The statute requires the final settlement documents and proposed decree to be submitted with the initial filing or within 60 days afterward. The court cannot enter the summary decree earlier than 60 days after the combined petition and response is filed. Rule 45.1 requires the court to rule on the lodged decree or set a hearing no later than 81 days after that filing; it does not guarantee an approved divorce by that date.
If a divorce case is already pending
A later settlement can ordinarily be submitted through the consent decree process in that existing case. Do not start another case just because mediation succeeded. The ordinary waiting period under A.R.S. § 25-329 is tied to service or acceptance of process, rather than the summary process's combined filing date.
Mediation does not restart that waiting period, and it does not automatically suspend other deadlines. Keep following existing orders and case deadlines unless the court changes them. Use the current county filing instructions, and ask an attorney which procedure applies to your case before lodging the final papers.
Prepare the complete decree package
The court needs documents that accurately turn the settlement into requested orders. The packet varies with the case. It may include a proposed consent decree, property agreement, parenting plan, child support worksheet and order, maintenance information, income withholding documents and a notice of lodging. Use the current county instructions rather than an old packet saved months earlier.
Read the complete package before signing. Confirm that the final decree matches the settlement and that provisions agree across the attachments. One document should not order a different payment amount or parenting schedule from another. If corrections change the substance of a prior agreement, get advice about how to document the new agreement.
Best Law Firm offers family law document preparation and explains its post-mediation drafting arrangements on its mediation FAQ page. Confirm a separate engagement and any required conflict disclosures or consents before assuming drafting is included. A neutral's document work does not give either spouse independent representation.
Submit the papers and watch for the court's response
As of September 11, 2026, Maricopa County permits electronic filing of qualifying consent decrees, judgments and orders, but its current Clerk instructions exclude the papers that initiate a Summary Consent Petition/Decree case from that electronic process. The Law Library Resource Center’s Summary Consent packets provide the local filing instructions.
The judicial officer may approve the papers, identify deficiencies or require a hearing. If the court rejects a proposed decree, read the explanation and address every issue. A clerk's acceptance of a filing is not the same as judicial approval of the requested orders.
When the decree is entered, obtain the signed, filed copy and review it. Confirm that all referenced orders and attachments are included. Keep your address current with the court so you receive notices.
After entry, complete what the orders require
A decree can create obligations without completing the underlying transaction. Use a written list of the remaining work, the person responsible and the deadline.
- Real estate: Complete required sale, title, payment and financing steps. A divorce allocation does not itself release a borrower from the mortgage.
- Retirement: Arrange any required plan-specific domestic relations order and administrator review. The Department of Labor’s QDRO guidance explains why a general settlement provision may not be enough for a covered retirement plan.
- Money and accounts: Make the ordered transfers, verify receipt and address any required account closures or debt payments.
- Parenting and support: Put the schedule into practice and use the required payment, reimbursement and communication procedures.
- Personal records: Review insurance, estate-planning documents and beneficiary designations with appropriate professionals, subject to the decree and applicable law.
Save proof of compliance. If a disagreement appears, compare it with the actual order before assuming a new conversation has changed your obligations.
If mediation resolved only part of the case
Document the settled issues clearly and list what remains. Another session, additional financial disclosure or targeted legal advice may help close the gaps. Some unresolved matters require court decisions.
You do not have to treat a partial settlement as a failure. The important point is knowing which decisions are binding, which are still open and what must happen next. Our Scottsdale family law team can help you identify that next step and the level of assistance it requires.
Common questions
Does the mediator file the divorce paperwork automatically?
No. Review the mediation agreement for services. Drafting, filing, responding to a rejection and preparing retirement orders may be separate assignments. Identify who is responsible for each task before leaving the process unfinished.
Does the 60-day waiting period begin when mediation ends?
No. In a Summary Consent case it runs from filing the combined petition and response. In an ordinary divorce case the statutory waiting period is tied to service or acceptance of process. The applicable court rule and record determine the date for your case.
What if one spouse changes their mind after signing?
A Rule 69 agreement may already bind the parties. Summary Consent proceedings also have a specific process for requesting withdrawal before entry; unilateral withdrawal requires court permission, while joint withdrawal requires dismissal under Rule 45.1. Have counsel assess the actual agreement and procedural posture.
Will we have to attend court after mediation?
A compliant consent decree may be entered without a hearing. The court can require a hearing or corrections, so avoiding an appearance cannot be guaranteed. Follow any notice you receive even if both spouses still agree.
Arizona law and further reading
These sources support the legal information on this page. Court procedures and the law can change; your circumstances determine how they apply.
This page provides general information, not legal advice for a specific matter. Reading it or contacting Best Law Firm does not establish an attorney-client relationship. Speak with licensed counsel about your circumstances before signing an agreement or acting on legal information.
