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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Marital and Domestic Relations
Chapter : DISSOLUTION OF MARRIAGE
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25-301 Grounds
Superior courts may dissolve a marriage, and may adjudge a marriage to be null and
void when the cause alleged constitutes an impediment rendering the marriage void.
25-302 Procedure and law
A. The jurisdictional requirements and procedure for obtaining an annulment shall
be the same as if the matter were one for dissolution of marriage.
B. If grounds for annulment exist, the court to the extent that it has jurisdiction
to do so, shall divide the property of the parties and shall establish the rights and
obligations of the parties with respect to any common or adopted children in accordance
with the provisions of section 25-320 and chapter 4, article 1 of this title.
25-311 Jurisdiction; form of petition; award of decree
A. The superior court is vested with original jurisdiction to hear and decide all
matters arising pursuant to this chapter and pursuant to chapter 4, article 1 of this
title.
B. A proceeding for dissolution of marriage or legal separation shall be entitled,
"in re the marriage of _____________ and _______________." A custody or support
proceeding shall be entitled, "in re the (custody) (support) of _______________."
C. The initial pleading in all proceedings under this chapter and under chapter 4,
article 1 of this title shall be denominated a petition. A responsive pleading shall be
denominated a response.
D. A decree of dissolution or of legal separation, if made, shall not be awarded to
one of the parties but shall provide that it affects the status previously existing
between the parties in the manner decreed.
25-312 Dissolution of marriage; findings necessary
The court shall enter a decree of dissolution of marriage if it finds each of the
following:
1. That one of the parties, at the time the action was commenced, was domiciled in
this state, or was stationed in this state while a member of the armed services, and that
in either case the domicile or military presence has been maintained for ninety days
prior to filing the petition for dissolution of marriage.
2. The conciliation provisions of section 25-381.09 and the provisions of article 5
of this chapter either do not apply or have been met.
3. The marriage is irretrievably broken or, if the marriage is a covenant marriage,
any of the grounds prescribed in section 25-903.
4. To the extent it has jurisdiction to do so, the court has considered, approved
and made provision for child custody, the support of any natural or adopted child common
to the parties of the marriage entitled to support, the maintenance of either spouse and
the disposition of property.
25-313 Decree of legal separation; findings necessary
The court shall enter a decree of legal separation if it finds each of the
following:
1. That one of the parties at the time the action was commenced was domiciled in
this state or was stationed in this state while a member of the armed services.
2. The conciliation provisions of section 25-381.09 and the provisions of article 5
of this chapter either do not apply or have been met.
3. The marriage is irretrievably broken or one or both of the parties desire to
live separate and apart or, if the marriage is a covenant marriage, any of the grounds
prescribed in section 25-904.
4. The other party does not object to a decree of legal separation. If the other
party objects to a decree of legal separation, on one of the parties meeting the required
domicile for dissolution of marriage, the court shall direct that the pleadings be
amended to seek a dissolution of the marriage.
5. To the extent it has jurisdiction to do so, the court has considered, approved
or made provisions for child custody, the support of any natural or adopted child common
to the parties of the marriage entitled to support, the maintenance of either spouse and
the disposition of the property.
25-314 Pleadings; contents; defense; joinder of parties; confidentiality
A. The verified petition in a proceeding for dissolution of marriage or legal
separation shall allege that the marriage is irretrievably broken or that one or both of
the parties desire to live separate and apart, or, if the marriage is a covenant
marriage, any of the grounds prescribed in section 25-903 or 25-904, whichever is
appropriate, and shall set forth:
1. The birth date, occupation, social security number if a duty of support exists
or may exist pursuant to section 25-501, and address of each party and the length of
domicile in this state.
2. The date of the marriage, the place at which it was performed and whether the
marriage is a covenant marriage.
3. The names, birth dates, social security numbers and addresses of all living
children, natural or adopted, common to the parties and whether the wife is pregnant.
4. The details of any agreements between the parties as to support, custody and
parenting time of the children and maintenance of a spouse.
5. The relief sought.
B. Either party to the marriage may initiate the proceeding.
C. The only defense to a petition for the dissolution of a marriage or legal
separation is that the marriage is not irretrievably broken. If the marriage is a
covenant marriage, it is a defense that none of the grounds alleged for a dissolution of
marriage or legal separation prescribed in section 25-903 or 25-904 are met.
D. The court may join additional parties necessary for the exercise of its
authority.
E. This section does not require a victim of domestic violence or a resident of a
domestic violence shelter as defined in section 36-3001 to divulge the person's address,
except that a means of communicating with the resident, such as a post office box or
address of the person's attorney, must be disclosed.
25-315 Temporary order or preliminary injunction; effect; definition
A. In all actions for dissolution of marriage, for legal separation or for
annulment, the clerk of the court shall pursuant to order of the superior court issue a
preliminary injunction in the following manner:
1. The preliminary injunction shall be directed to each party to the action and
contain the following orders:
(a) That both parties are enjoined from transferring, encumbering, concealing,
selling or otherwise disposing of any of the joint, common or community property of the
parties except if related to the usual course of business, the necessities of life or
court fees and reasonable attorney fees associated with an action filed under this
article, without the written consent of the parties or the permission of the court.
(b) That both parties are enjoined from:
(i) Molesting, harassing, disturbing the peace of or committing an assault or
battery on the person of the other party or any natural or adopted child of the parties.
(ii) Removing any natural or adopted child of the parties then residing in ARIZONA
from the jurisdiction of the court without the prior written consent of the parties or
the permission of the court.
(iii) Removing or causing to be removed the other party or the children of the
parties from any existing insurance coverage, including medical, hospital, dental,
automobile and disability insurance.
(c) That both parties shall maintain all insurance coverage in full force and
effect.
2. The preliminary injunction shall include the following statement:
Warning
This is an official court order. If you disobey this order the court may
find you in contempt of court. You may also be arrested and prosecuted for the
crime of interfering with judicial proceedings and any other crime you may
have committed in disobeying this order.
You or your spouse may file a certified copy of this order with your
local law enforcement agency. A certified copy may be obtained from the clerk
of the court that issued this order. If you are the person that brought this
action, you must also file evidence with the law enforcement agency that this
order was served on your spouse.
This court order is effective until a final decree of dissolution, legal
separation or annulment is filed or the action is dismissed.
3. The preliminary injunction is effective against the petitioner when the petition
is filed and against the respondent on service of a copy of the order or on actual notice
of the order, whichever is sooner. If service is by registered mail under the ARIZONA
rules of civil procedure, the order is effective on receipt of the order. The order
remains effective until further order of the court or the entry of a decree of
dissolution, legal separation or annulment.
4. At the time of filing the petition for dissolution, legal separation or
annulment, the copies of the preliminary injunction shall be issued to the petitioner or
the agent, servant or employee filing the petition for dissolution, legal separation or
annulment. The petitioner is deemed to have accepted service of the petitioner's copy of
the preliminary injunction and to have actual notice of its contents by filing or causing
to be filed a petition for dissolution, legal separation or annulment. The petitioner
shall cause a copy of the preliminary injunction to be served on the respondent with a
copy of the summons and petition for dissolution, legal separation or annulment.
5. The preliminary injunction has the force and effect of an order of the superior
court signed by a judge and is enforceable by all remedies made available by law,
including contempt of court. Rules 65(a)(1) and 65(e) of the rules of civil procedure do
not apply to the preliminary injunction.
B. In a proceeding for dissolution of marriage, for legal separation, for annulment
or for maintenance or support following dissolution of the marriage by a court that
lacked personal jurisdiction over the absent spouse, either party may move for an order
for equal possession of the liquid assets of the marital property, temporary maintenance
or temporary support of a child, natural or adopted, common to the parties entitled to
support. The court shall provide for an order for equal possession of the liquid assets
of the marital property that existed as of the date the petition for dissolution or legal
separation or annulment was served, unless the court finds that there is good cause not
to divide those assets. The court's division of liquid assets held by financial
institutions does not invalidate applicable law or any provision of an account agreement
that assesses penalties against the account holder for premature or unscheduled
withdrawals of account funds. The motion shall be accompanied by an affidavit setting
forth the liquid assets of the parties, the factual basis for the motion and the amounts
requested. An order for equal possession of the liquid assets of the marital property
does not prejudice any final division of the marital community. This subsection does not
eliminate the application of the preliminary injunction.
C. As a part of a motion for temporary maintenance or support or by independent
motion accompanied by affidavit, either party may request the court to issue a temporary
restraining order or preliminary injunction for any of the following relief:
1. Excluding a party from the family home or from the home of the other party on a
showing that physical or emotional harm may otherwise result.
2. Providing other injunctive relief proper in the circumstances.
D. The court may issue a temporary restraining order without requiring notice to
the other party only if it finds on the basis of the moving affidavit or other evidence
that irreparable injury will result to the moving party if no order is issued until the
time for responding has elapsed. A bond is not required unless the court deems it
appropriate.
E. On the basis of the showing made, and in conformity with sections 25-318 and
25-319, the court may issue a preliminary injunction and an order for temporary
maintenance or support in amounts and on terms just and proper in the circumstances. The
court may also make temporary orders respecting the property of the parties, as may be
necessary.
F. A temporary order or preliminary injunction:
1. Does not prejudice the rights of the parties or any child which are to be
adjudicated at the subsequent hearings in the proceeding.
2. May be revoked or modified before final decree on a showing by affidavit of the
facts necessary to revocation or modification of a final decree under section 25-327 and
as provided in rule 65 of the rules of civil procedure.
3. That provided for joint possession of liquid assets of the marital property does
not prejudice either party's claim for temporary maintenance, child support or attorney
fees.
4. Terminates when the final decree is entered or when the petition for
dissolution, legal separation or annulment is dismissed.
G. A person who disobeys or resists an injunction issued pursuant to subsection A,
paragraph 1, subdivision (b) or subsection C, paragraph 1 of this section is subject to
arrest and prosecution for interference with judicial proceedings pursuant to section
13-2810 and the following procedures apply:
1. Any party may cause a certified copy of the injunction and return of service on
the other party to be registered with the sheriff having jurisdiction of the area in
which the party resides. The party originally registering the injunction shall register
any changes or modifications of the injunction with the sheriff. For enforcement by
arrest and prosecution for interference with judicial proceedings, a certified copy of
the injunction, whether or not registered with the sheriff, is presumed to be a valid
existing order of the court until a final decree of dissolution, legal separation or
annulment is entered or the action for dissolution or legal separation is dismissed.
2. A peace officer may, with or without a warrant, arrest a person if the peace
officer has probable cause to believe that an offense under this subsection has been
committed and has probable cause to believe that the person to be arrested has committed
the offense, whether the offense is a felony or a misdemeanor and whether such offense
was committed within or without the presence of the peace officer. The release procedures
available under section 13-3883, paragraph 4 and section 13-3903 are not applicable to
arrests made pursuant to this subsection.
3. A peace officer making an arrest pursuant to this subsection is not civilly or
criminally liable for the arrest if the officer acts on probable cause and without
malice.
4. A person arrested pursuant to this subsection may be released from custody in
accordance with the rules of criminal procedure or other applicable statute. An order for
release, with or without an appearance bond, shall include pretrial release conditions
necessary to provide for the protection of the alleged victim and other specifically
designated persons and may provide additional conditions which the court deems
appropriate, including participation in any counseling programs available to the
defendant.
5. The remedies provided in this subsection for enforcement of the preliminary
injunction are in addition to any other civil or criminal remedies available, including
civil contempt of court. The use of one remedy does not prevent the simultaneous or
subsequent use of any other.
H. For the purposes of this section, "liquid assets" means:
1. Cash.
2. Traveler's checks.
3. Cash in financial institutions.
4. Lottery winnings.
25-316 Irretrievable breakdown; finding
A. If both of the parties by petition or otherwise state under oath or affirmation
that the marriage is irretrievably broken or if one of the parties so states and the
other does not deny it, the court shall make a finding as to whether or not the marriage
is irretrievably broken.
B. If one of the parties denies under oath or affirmation that the marriage is
irretrievably broken, the court shall hold a hearing to consider all relevant factors as
to the prospect of reconciliation and shall do either of the following:
1. Make a finding as to whether or not the marriage is irretrievably broken.
2. Continue the matter for further hearing, not more than sixty days later. At the
request of either party or on its own motion, the court may order a conciliation
conference. At the next hearing the court shall make a finding as to whether or not the
marriage is irretrievably broken.
C. A finding that the marriage is irretrievably broken is a determination that
there is no reasonable prospect of reconciliation.
25-317 Separation agreement; effect
A. To promote amicable settlement of disputes between parties to a marriage
attendant on their separation or the dissolution of their marriage, the parties may enter
into a written separation agreement containing provisions for disposition of any property
owned by either of them, maintenance of either of them, and support, custody and
parenting time of their children. A separation agreement may provide that its
maintenance terms shall not be modified.
B. In a proceeding for dissolution of marriage or for legal separation, the terms
of the separation agreement, except those providing for the support, custody and
parenting time of children, are binding on the court unless it finds, after considering
the economic circumstances of the parties and any other relevant evidence produced by the
parties, on their own motion or on request of the court, that the separation agreement is
unfair.
C. If the court finds the separation agreement unfair as to disposition of property
or maintenance, it may request the parties to submit a revised separation agreement or
may make orders for the disposition of property or maintenance.
D. If the court finds that the separation agreement is not unfair as to disposition
of property or maintenance and that it is reasonable as to support, custody and parenting
time of children, the separation agreement shall be set forth or incorporated by
reference in the decree of dissolution or legal separation and the parties shall be
ordered to perform them. If the separation agreement provides that its terms shall not
be set forth in the decree, the decree shall identify the separation agreement as
incorporated by reference and state that the court has found the terms as to property
disposition and maintenance not unfair and the terms as to support, custody and parenting
time of children reasonable.
E. Terms of the agreement set forth or incorporated by reference in the decree are
enforceable by all remedies available for enforcement of a judgment, including contempt.
F. Except for terms concerning the maintenance of either party and the support,
custody or parenting time of children, entry of the decree shall thereafter preclude the
modification of the terms of the decree and the property settlement agreement, if any,
set forth or incorporated by reference.
G. Notwithstanding subsection F, entry of a decree that sets forth or incorporates
by reference a separation agreement that provides that its maintenance terms shall not be
modified prevents the court from exercising jurisdiction to modify the decree and the
separation agreement regarding maintenance, including a decree entered before July 20,
1996.
25-318 Disposition of property; retroactivity; notice to creditors; assignment of debts; contempt of court
A. In a proceeding for dissolution of the marriage, or for legal separation, or in
a proceeding for disposition of property following dissolution of the marriage by a court
which previously lacked personal jurisdiction over the absent spouse or previously lacked
jurisdiction to dispose of the property, the court shall assign each spouse's sole and
separate property to such spouse. It shall also divide the community, joint tenancy and
other property held in common equitably, though not necessarily in kind, without regard
to marital misconduct. For the purposes of this section only, property acquired by either
spouse outside this state shall be deemed to be community property if the property would
have been community property if acquired in this state. This section does not prevent the
court from considering all actual damages and judgments from conduct that results in
criminal conviction of either spouse in which the other spouse or child was the victim,
excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of
community, joint tenancy and other property held in common.
B. The community, joint tenancy and other property held in common for which no
provision is made in the decree shall be from the date of the decree held by the parties
as tenants in common, each possessed of an undivided one-half interest.
C. The court may impress a lien on the separate property of either party or the
marital property awarded to either party in order to secure the payment of:
1. Any interest or equity the other party has in or to the property.
2. Community debts that the court has ordered to be paid by the parties.
3. An allowance for child support or spousal maintenance, or both.
4. All actual damages and judgments from conduct that results in criminal
conviction of either spouse in which the other spouse or child was the victim.
D. The decree or judgment shall specifically describe by legal description any real
property affected and shall specifically describe any other property affected.
E. This section applies through both prospective and retrospective operation to
property without regard to the date of acquisition.
F. In all actions for the dissolution of marriage or legal separation the court
shall require the following statement in the materials provided to the petitioner and to
be served on the respondent:
Notice
In your property settlement agreement or decree of dissolution or legal
separation, the court may assign responsibility for certain community debts to
one spouse or the other. Please be aware that a court order that does this is
binding on the spouses only and does not necessarily relieve either of you
from your responsibility for these community debts. These debts are matters of
contract between both of you and your creditors (such as banks, credit unions,
credit card issuers, finance companies, utility companies, medical providers
and retailers).
Since your creditors are not parties to this court case, they are not bound by
court orders or any agreements you and your spouse reach in this case. On
request, the court may impose a lien against the separate property of a spouse
to secure payment of debts that the court orders that spouse to pay.
You may want to contact your creditors to discuss your debts as well as the
possible effects of your court case on your debts. To assist you in
identifying your creditors, you may obtain a copy of your spouse's credit
report by making a written request to the court for an order requiring a
credit reporting agency to release the report to you. Within thirty days after
receipt of a request from a spouse who is party to a dissolution of marriage
or legal separation action, which includes the court and case number of the
action, creditors are required by law to provide information as to the balance
and account status of any debts for which the requesting spouse may be liable
to the creditor. You may wish to use the following form, or one that is
similar, to contact your creditors:
Creditor notification
Date: ___________________________________
Creditor name and
Address: ________________________________
_________________________________________
_________________________________________
Within thirty days after receipt of this notice, you are requested to provide
the balance and account status of any debt identified by account number for
which the requesting party may be liable to you.
Name: ___________________________________
Address: ________________________________
_________________________________________
_________________________________________
_________________________________________
(signature)
_________________________________________
(printed name)
G. On the written request of any party to a pending dissolution of marriage or
legal separation action, the court, except for good cause shown, shall issue an order
requiring any credit reporting agency to release the credit report as to the spouse of
the requesting party on payment by the requesting party of any customary fee for
providing the credit report.
H. On the request of either party and except for good cause shown, the court shall
require the parties to submit a debt distribution plan that states the following:
1. How community creditors will be paid.
2. Whether any agreements have been entered into between the parties as to
responsibility for the payment of community debts, including what, if any, collateral
will secure the payment of the debt.
3. Whether the parties have entered into agreements with creditors through which a
community debt will be the sole responsibility of one party.
I. The following form may be used to verify agreements with creditors:
Agreement with creditor
The parties to this agreement include __________________ and
______________________ who are parties to a dissolution of marriage action
filed in _____________________ county superior court, ARIZONA, case number
__________________ and __________________ who is a duly authorized
representative of ___________________________ (creditor).
The undersigned parties agree that the debt owed by the parties to
___________________ (creditor) is to be disposed of as follows (check one):
___ The debt is the joint responsibility of the parties, with payment
to be made on the following terms:________________
______________________________________________________________
______________________________________________________________
___ The balance of the debt is the sole responsibility of
_____________________ and the creditor releases ___________________ from any
further liability for that debt, with payment to be made on the following
terms: ______________________________________________________
______________________________________________________________
______________________________________________________________
___ The debt has been paid in full as of this date.
We the undersigned acknowledge this agreement.
Dated: _______________________________________
______________________________ _____________________________ Debtor Debtor
_________________________________
Creditor's representative
Subscribed and sworn to before me this _____ day of ________, _____.
________________________________
Notary Public
J. If the parties are not able to agree to a joint debt distribution plan pursuant
to subsection H the court may order each party to submit a proposed debt distribution
plan to the court. In its orders relating to the division of property the court shall
reflect the debt distribution plan approved by the court and shall confirm that any
community debts that are made the sole responsibility of one of the parties by agreement
with a creditor are the sole responsibility of that party.
K. An agreement with a creditor pursuant to subsection I that assigns or otherwise
modifies repayment responsibility for community debts secured by real property located in
this state shall include all of the following:
1. A legal description of the real property.
2. A copy of the note and recorded security instrument, the repayment of which is
to be assigned or modified by the agreement with a creditor.
3. A written and notarized acknowledgment that is executed by all parties to the
debt, including the lender, and that states one of the following:
(a) The terms for the repayment of the debt remain unchanged.
(b) The terms for the repayment of the debt have been modified and, beginning on
the date of the execution of the acknowledgment, the creditor has agreed that one of the
debtors assumes the sole responsibility for the debt and that the other debtor is
released from any further liability on the debt.
(c) The debt is paid in full and all parties to the debt are released from any
further liability.
L. An agreement executed pursuant to subsection K shall be recorded by either party
in the county in which the real property is located.
M. After an agreement is recorded pursuant to subsection L, either party may
request that on payment of the title company's fees for the document a title company
authorized to do business in this state provide the requesting party with a lien search
report or other documentary evidence of liens and other agreements of record in the title
to the property.
N. If a party fails to comply with an order to pay debts, the court may enter
orders transferring property of that spouse to compensate the other party. If the court
finds that a party is in contempt as to an order to pay community debts, the court may
impose appropriate sanctions under the law. A party must bring an action to enforce an
order to pay a debt pursuant to this subsection within two years after the date in which
the debt should have been paid in full.
O. Within thirty days after receipt of a written request for information from a
spouse who is a party to a dissolution of marriage or legal separation action, which
includes the court and case number of the action, a creditor shall provide the balance
and account status of any debts of either or both spouses identified by account number
for which the requesting spouse may be liable to the creditor.
25-319 Maintenance; computation factors
A. In a proceeding for dissolution of marriage or legal separation, or a proceeding
for maintenance following dissolution of the marriage by a court that lacked personal
jurisdiction over the absent spouse, the court may grant a maintenance order for either
spouse for any of the following reasons if it finds that the spouse seeking maintenance:
1. Lacks sufficient property, including property apportioned to the spouse, to
provide for that spouse's reasonable needs.
2. Is unable to be self-sufficient through appropriate employment or is the
custodian of a child whose age or condition is such that the custodian should not be
required to seek employment outside the home or lacks earning ability in the labor market
adequate to be self-sufficient.
3. Contributed to the educational opportunities of the other spouse.
4. Had a marriage of long duration and is of an age that may preclude the
possibility of gaining employment adequate to be self-sufficient.
B. The maintenance order shall be in an amount and for a period of time as the
court deems just, without regard to marital misconduct, and after considering all
relevant factors, including:
1. The standard of living established during the marriage.
2. The duration of the marriage.
3. The age, employment history, earning ability and physical and emotional
condition of the spouse seeking maintenance.
4. The ability of the spouse from whom maintenance is sought to meet that spouse's
needs while meeting those of the spouse seeking maintenance.
5. The comparative financial resources of the spouses, including their comparative
earning abilities in the labor market.
6. The contribution of the spouse seeking maintenance to the earning ability of the
other spouse.
7. The extent to which the spouse seeking maintenance has reduced that spouse's
income or career opportunities for the benefit of the other spouse.
8. The ability of both parties after the dissolution to contribute to the future
educational costs of their mutual children.
9. The financial resources of the party seeking maintenance, including marital
property apportioned to that spouse, and that spouse's ability to meet that spouse's own
needs independently.
10. The time necessary to acquire sufficient education or training to enable the
party seeking maintenance to find appropriate employment and whether such education or
training is readily available.
11. Excessive or abnormal expenditures, destruction, concealment or fraudulent
disposition of community, joint tenancy and other property held in common.
12. The cost for the spouse who is seeking maintenance to obtain health insurance
and the reduction in the cost of health insurance for the spouse from whom maintenance is
sought if the spouse from whom maintenance is sought is able to convert family health
insurance to employee health insurance after the marriage is dissolved.
13. All actual damages and judgments from conduct that results in criminal
conviction of either spouse in which the other spouse or child was the victim.
C. If both parties agree, the maintenance order and a decree of dissolution of
marriage or of legal separation may state that its maintenance terms shall not be
modified.
D. Except as provided in subsection C of this section or section 25-317, subsection
G, the court shall maintain continuing jurisdiction over the issue of maintenance for the
period of time maintenance is awarded.
25-320.02 Self-employed parent; tax practitioner; definition
A. On request of either parent or on the court's own motion, before the court
enters an order for child support pursuant to section 25-320, the court may order both
parents to meet with a federally authorized tax practitioner if at least one of the
parents is self-employed. The federally authorized tax practitioner shall review the
accuracy of the self-employed parent's records and submit a written report to the court
to help it determine the child support obligation.
B. Each parent may submit to the court the names of not more than two federally
authorized tax practitioners. If the parents cannot agree on a federally authorized tax
practitioner to conduct the review, the court shall make this choice from a list of names
submitted by the parents.
C. The parents shall equally share the cost of the federally authorized tax
practitioner.
D. For the purposes of this section, "federally authorized tax practitioner" has
the same meaning prescribed in section 42-2069.
25-320 Child support; factors; methods of payment; additional enforcement provisions; definitions
A. In a proceeding for dissolution of marriage, legal separation, maintenance or
child support, the court may order either or both parents owing a duty of support to a
child, born to or adopted by the parents, to pay an amount reasonable and necessary for
support of the child, without regard to marital misconduct.
B. If child support has not been ordered by a child support order and if the court
deems child support appropriate, the court shall direct, using a retroactive application
of the child support guidelines to the date of filing a dissolution of marriage, legal
separation, maintenance or child support proceeding, the amount that the parents shall
pay for the past support of the child and the manner in which payment shall be paid,
taking into account any amount of temporary or voluntary support that has been
paid. Retroactive child support is enforceable in any manner provided by law.
C. If the parties lived apart before the date of the filing for dissolution of
marriage, legal separation, maintenance or child support and if child support has not
been ordered by a child support order, the court may order child support retroactively to
the date of separation, but not more than three years before the date of the filing for
dissolution of marriage, legal separation, maintenance or child support. The court must
first consider all relevant circumstances, including the conduct or motivation of the
parties in that filing and the diligence with which service of process was attempted on
the obligor spouse or was frustrated by the obligor spouse. If the court determines that
child support is appropriate, the court shall direct, using a retroactive application of
the child support guidelines, the amount that the parents must pay for the past support
of the child and the manner in which payments must be paid, taking into account any
amount of temporary or voluntary support that has been paid.
D. The supreme court shall establish guidelines for determining the amount of child
support. The amount resulting from the application of these guidelines is the amount of
child support ordered unless a written finding is made, based on criteria approved by the
supreme court, that application of the guidelines would be inappropriate or unjust in a
particular case. The supreme court shall review the guidelines at least once every four
years to ensure that their application results in the determination of appropriate child
support amounts. The supreme court shall base the guidelines and criteria for deviation
from them on all relevant factors, including:
1. The financial resources and needs of the child.
2. The financial resources and needs of the custodial parent.
3. The standard of living the child would have enjoyed had the marriage not been
dissolved.
4. The physical and emotional condition of the child, and the child's educational
needs.
5. The financial resources and needs of the noncustodial parent.
6. Excessive or abnormal expenditures, destruction, concealment or fraudulent
disposition of community, joint tenancy and other property held in common.
7. The duration of parenting time and related expenses.
E. Even if a child is over the age of majority when a petition is filed or at the
time of the final decree, the court may order support to continue past the age of
majority if all of the following are true:
1. The court has considered the factors prescribed in subsection D of this section.
2. The child is severely mentally or physically disabled as demonstrated by the
fact that the child is unable to live independently and be self-supporting.
3. The child's disability began before the child reached the age of majority.
F. If a child reaches the age of majority while the child is attending high school
or a certified high school equivalency program, support shall continue to be provided
during the period in which the child is actually attending high school or the equivalency
program but only until the child reaches nineteen years of age unless the court enters an
order pursuant to subsection E of this section. Notwithstanding any other law, a parent
paying support for a child over the age of majority pursuant to this section is entitled
to obtain all records related to the attendance of the child in the high school or
equivalency program.
G. If a personal check for support payments and handling fees is rightfully
dishonored by the payor bank or other drawee, the person obligated to pay support shall
make any subsequent support payments and handling fees only by cash, money order,
cashier's check, traveler's check or certified check. If a person required to pay
support other than by personal check demonstrates full and timely payment for twenty-four
consecutive months, that person may pay support by personal check if these payments are
for the full amount, are timely tendered and are not rightfully dishonored by the payor
bank or other drawee.
H. Subsection G of this section does not apply to payments made by means of an
assignment.
I. If after reasonable efforts to locate the obligee the clerk or support payment
clearinghouse is unable to deliver payments for the period prescribed in section 25-503
due to the failure of the person to whom the support has been ordered to be paid to
notify the clerk or support payment clearinghouse of a change in address, the clerk or
support payment clearinghouse shall not deliver further payments and shall return the
payments to the obligor consistent with the requirements of section 25-503.
J. An order for child support shall assign responsibility for providing medical
insurance for the child who is the subject of the support order and shall assign
responsibility for the payment of any medical costs of the child that are not covered by
insurance. In title IV-D cases, the parent responsible pursuant to court order for
providing medical insurance for the child shall notify the support payment clearinghouse
prescribed in section 46-441 if the child is no longer covered under an employer's
insurance plan. The support payment clearinghouse shall notify the child support
enforcement agency in the department of economic security of the lapse in insurance
coverage.
K. In title IV-D cases the superior court shall accept for filing any documents
that are received through electronic transmission if the electronically reproduced
document states that the copy used for the electronic transmission was certified before
it was electronically transmitted.
L. The court shall presume, in the absence of contrary testimony, that a
noncustodial parent is capable of full-time employment at least at the federal adult
minimum wage. This presumption does not apply to noncustodial parents who are under the
age of eighteen and who are attending high school.
M. An order for support shall provide for an assignment pursuant to sections 25-504
and 25-323.
N. Each licensing board or agency that issues professional, recreational or
occupational licenses or certificates shall record on the application the social security
number of the applicant and shall enter this information in its database in order to aid
the department of economic security in locating parents or their assets or to enforce
child support orders. This subsection does not apply to a license that is issued
pursuant to title 17 and that is not issued by an automated drawing system. If a
licensing board or agency allows an applicant to use a number other than the social
security number on the face of the license or certificate while the licensing board or
agency keeps the social security number on file, the licensing board or agency shall
advise an applicant of this fact.
O. For the purposes of this section:
1. "Child support guidelines" means the child support guidelines that are adopted
by the state supreme court pursuant to 42 United States Code sections 651 through 669B.
2. "Date of separation" means the date the married parents ceased to cohabit.
3. "Support" has the same meaning prescribed in section 25-500.
4. "Support payments" means the amount of money ordered by the court to be paid for
the support of the minor child or children. 25-321 Representation of child by counsel; fees
The court may appoint an attorney to represent the interests of a minor or dependent
child with respect to the child's support, custody and parenting time. The court may
enter an order for costs, fees and disbursements in favor of the child's attorney. The
order may be made against either or both parents.
25-322 Payment of maintenance or support; records; disclosure
A. Except as provided in section 46-441, the court shall order that maintenance or
support payments be made to the support payment clearinghouse for remittance to the
person entitled to receive the payments unless the parties agree otherwise.
B. The clerk of the court or the support payment clearinghouse shall maintain
records listing the amount of payments, the date payments are required to be made, the
names and addresses of the parties affected by the order and the name and address of the
employer or employers of the party ordered to pay support or spousal maintenance.
C. Unless the court has ordered otherwise the parties affected by the order shall
inform the clerk of the court or the support payment clearinghouse in writing on entry of
the order of their residential address and within ten days of any change of address. A
party ordered to pay support or maintenance shall also inform the clerk or the support
payment clearinghouse in writing of the name and address of that person's employer or
employers and within ten days of any change of employment. If a person fails to notify
the clerk of the court or the support payment clearinghouse of a change in residential
address or employment the court may hold the person in contempt of court.
D. If the person obligated to pay support has left or is beyond the jurisdiction of
the court, any party may institute any other proceeding available under the laws of this
state for enforcement of the duties of support and maintenance.
E. On application by any person entitled to receive child support or spousal
maintenance and for good cause shown, the superior court may direct an agency or officer
of this state to disclose information and documents in the agency's or officer's
possession that may assist the applicant or the court to determine the obligor's income,
residence, place of employment, assets and debts, except that the residence and place of
employment shall not be disclosed if the court finds the obligor has been the victim of
domestic violence.
25-323.01 Child support committee; membership; duties; report
(Rpld. 1/1/08)
A. The child support committee is established consisting of the following members:
1. The director of the department of economic security or the director's designee.
2. The assistant director of the division of child support enforcement of the
department of economic security.
3. A division or section chief from the office of the attorney general who has
knowledge of or experience in child support enforcement and related issues and who is
appointed by the attorney general.
4. The director of the administrative office of the supreme court.
5. Two presiding judges from the domestic relations division of the superior court
who are appointed by the chief justice of the supreme court. One judge shall be from an
urban county and one judge shall be from a rural county.
6. A title IV-D court commissioner who is appointed by the chief justice of the
supreme court.
7. A clerk of the superior court who is appointed by the chief justice of the
supreme court.
8. One county attorney who is appointed by the director of the department of
economic security and who is from a county that is currently contracting with the state
to provide child support enforcement services.
9. An executive assistant from the office of the governor who is appointed by the
governor.
10. One person who is knowledgeable in child support issues and who is a
noncustodial parent and one person who is knowledgeable in child support issues and who
is a custodial parent. The president of the senate shall appoint these members.
11. One person who is knowledgeable in child support issues and who is a
noncustodial parent and one person who is knowledgeable in child support issues and who
is a custodial parent. The speaker of the house of representatives shall appoint these
members.
12. One parent who is knowledgeable in child support issues, who has joint custody
and who is appointed jointly by the president of the senate and the speaker of the house
of representatives.
13. One person from the executive committee of the family law section of the state
bar of ARIZONA who is appointed by the chief justice of the supreme court.
14. One person from the business community who is appointed jointly by the president
of the senate and the speaker of the house of representatives.
15. Two members of the senate from different political parties. The president of the
senate shall appoint the members and designate one of the members as the cochairperson.
16. Two members of the house of representatives from different political parties.
The speaker of the house of representatives shall appoint the members and designate one
of the members as the cochairperson.
B. The committee shall prepare an annual written report on its work, findings and
recommendations regarding child support guidelines, enforcement and related issues. The
committee shall submit this report to the governor, the president of the senate, the
speaker of the house of representatives and the chief justice of the supreme court on or
before December 31 of each year and shall provide a copy of this report to the secretary
of state and the director of the ARIZONA state library, archives and public records.
C. Nonlegislative members of the committee are not eligible to receive compensation
but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article
2. 25-323.02 Domestic relations committee; membership; duties; report
(Rpld. 1/1/08)
A. The domestic relations committee is established consisting of the following
members:
1. Two noncustodial parents who are knowledgeable in domestic relations issues and
who are not judges or commissioners. The president of the senate and the speaker of the
house of representatives shall each appoint one of these members.
2. Two custodial parents who are knowledgeable in domestic relations issues and who
are not judges or commissioners. The president of the senate and the speaker of the house
of representatives shall each appoint one of these members.
3. Two parents who have joint custody, who are knowledgeable in domestic relations
issues and who are not judges or commissioners. The president of the senate and the
speaker of the house of representatives shall each appoint one of these members.
4. Two parents who are knowledgeable in domestic relations issues, who are not
judges or commissioners and who are appointed by the governor.
5. Two active or retired judges or commissioners or both from the domestic
relations department of the superior court who are appointed by the chief justice of the
supreme court. One of these members shall be from an urban county and one member shall be
from a rural county.
6. One domestic relations attorney who is appointed by the governor.
7. One clerk of the superior court who is appointed by the chief justice of the
supreme court.
8. A professional domestic relations mediator who is appointed by the president of
the senate.
9. A psychologist experienced in performing child custody evaluations who is
appointed by the speaker of the house of representatives.
10. A domestic relations educator who is experienced in matters relating to
parenting or divorce classes and who is appointed by the governor.
11. A representative of a statewide domestic violence coalition who is appointed by
the president of the senate.
12. A representative of a conciliation court who is appointed by the chief justice
of the supreme court.
13. A marriage and family therapist who is knowledgeable in domestic relations
issues and who is appointed by the speaker of the house of representatives.
14. A representative from a faith-based organization who is knowledgeable in
domestic relations issues and who is appointed by the governor.
15. An administrative officer of the supreme court who is appointed by the chief
justice of the supreme court.
16. A member of a law enforcement agency in this state who is appointed by the
speaker of the house of representatives.
17. A member of an agency that advocates for children who is appointed by the
president of the senate.
18. One member of the family law section of the state bar of ARIZONA who is
appointed by the chief justice of the supreme court.
19. Four members of the senate, not more than two of whom are members of the same
political party. The president of the senate shall appoint these members and shall
designate one of them as the cochairperson.
20. Four members of the house of representatives, not more than two of whom are
members of the same political party. The speaker of the house of representatives shall
appoint these members and designate one of them as the cochairperson.
B. The committee shall prepare a statewide plan for an integrated family court with
comprehensive subject matter jurisdiction over all matters involving the family and
submit this plan to the governor, the president of the senate, the speaker of the house
of representatives and the chief justice of the supreme court on or before December 31,
2002.
C. The committee shall prepare an annual written report regarding recommended
changes to the domestic relations statutes, rules and procedures and other related issues
designed to lead to a reform of the state's domestic relations statutes. The committee
shall submit this report to the governor, the president of the senate, the speaker of the
house of representatives and the chief justice of the supreme court on or before December
31 of each year and shall provide a copy of the report to the secretary of state and the
director of the ARIZONA state library, archives and public records.
D. The committee shall develop minimum training standards on domestic violence and
child abuse issues for persons conducting an investigation or preparing a report
concerning child custodial arrangements pursuant to section 25-406. The committee shall
approve the standards on or before December 31, 2004. The committee may modify the
standards on or before December 31 of each year.
E. Nonlegislative members of the committee are not eligible to receive compensation
but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article
2.
25-323.03 Forms; alternative forms
A. The petition or request for assignment, order for assignment, notices to obligor
and employer, request for hearing and motion to quash or request to stop or modify the
order of assignment shall be on forms prescribed by the supreme court and shall be
furnished by the clerk of the superior court as required by law or on request of any
obligor, payee or employer.
B. Any party to a proceeding for assignment may use documents other than those
provided pursuant to this section if the documents are substantially similar to those
prescribed by the supreme court pursuant to this section.
25-323 Assignments
A. Pursuant to the requirements of section 25-504, in any proceeding in which the
court orders a person to pay support as defined in section 25-500 the court shall, and in
any proceeding in which the court orders a person to pay spousal maintenance the court
may, assign to the person or agency entitled to receive the support or spousal
maintenance that portion of that person's earnings, income, entitlements or other monies
without regard to source as necessary to pay the amount ordered by the court.
B. The court may also issue an ex parte order of assignment pursuant to section
25-504 for support as defined in section 25-500, spousal maintenance or arrearages of or
interest on a judgment for spousal maintenance.
C. The court may terminate or adjust orders of assignment pursuant to section
25-504.
25-324 Attorney fees
The court from time to time, after considering the financial resources of both
parties and the reasonableness of the positions each party has taken throughout the
proceedings, may order a party to pay a reasonable amount to the other party for the
costs and expenses of maintaining or defending any proceeding under this chapter or
chapter 4, article 1 of this title. For the purpose of this section costs and expenses
may include attorney's fees, deposition costs and other reasonable expenses as the court
finds necessary to the full and proper presentation of the action, including any
appeal. The court may order all amounts paid directly to the attorney, who may enforce
the order in the attorney's name with the same force and effect, and in the same manner,
as if the order had been made on behalf of any party to the action.
25-325 Decree; finality; restoration of maiden name
A. A decree of dissolution of marriage or of legal separation is final when
entered, subject to the right of appeal. An appeal from the decree of dissolution that
does not challenge the finding that the marriage is irretrievably broken does not delay
the finality of that provision of the decree which dissolves the marriage beyond the time
for appealing from that provision, and either of the parties may remarry pending
appeal. An order directing payment of money for support or maintenance of the spouse or
the minor child or children shall not be suspended or the execution of the order stayed
pending the appeal.
B. Either party to a decree of legal separation may file a petition for dissolution
of marriage in accordance with the requirements of section 25-314. The petition shall be
filed under the same case number as the legal separation but shall be considered and
shall proceed as a new and separate action with service of process in accordance with
rule 4 of the rules of civil procedure. The court may enter a decree of dissolution of
marriage in the new action in accordance with section 25-312 upon such terms as are just
and without regard to section 25-327, subsection A, except that the provisions as to
property disposition in the decree of legal separation or any property settlement
agreement approved by the court may not be revoked or modified, unless the court finds
the existence of conditions that justify the reopening of a judgment under the laws of
this state.
C. Upon request by a party at any time prior to the signing of the decree of
dissolution or annulment by the court, the court shall order that party's requested
former name be restored.
25-326 Independence of provisions of decree or temporary order; forms
A. If a party fails to comply with a provision of a decree or temporary order or
injunction, the obligation of the other party to make payments for support or maintenance
or to permit parenting time is not suspended, but the other party may petition or request
the court to grant an appropriate order.
B. The petition or request shall be in a form prescribed by the supreme court,
which shall be furnished by the clerk of the superior court on request of any party. The
party may use a document other than one provided pursuant to this section if the document
is substantially similar to the one prescribed by the supreme court pursuant to this
section.
25-327 Modification and termination of provisions for maintenance, support and property disposition
A. Except as otherwise provided in section 25-317, subsections F and G, the
provisions of any decree respecting maintenance or support may be modified or terminated
only on a showing of changed circumstances that are substantial and continuing except as
to any amount that may have accrued as an arrearage before the date of notice of the
motion or order to show cause to modify or terminate. The addition of health insurance
coverage as defined in section 25-531 or a change in the availability of health insurance
coverage may constitute a continuing and substantial change in circumstance. The
provisions as to property disposition may not be revoked or modified, unless the court
finds the existence of conditions that justify the reopening of a judgment under the laws
of this state. Modifications and terminations are effective on the first day of the
month following notice of the petition for modification or termination unless the court,
for good cause shown, orders the change to become effective at a different date but not
earlier than the date of filing the petition for modification or termination.
B. Unless otherwise agreed in writing or expressly provided in the decree, the
obligation to pay future maintenance is terminated on the death of either party or the
remarriage of the party receiving maintenance.
C. Unless otherwise agreed in writing or expressly provided in the decree,
provisions for the support of a minor child are not terminated by the death of a parent
obligated to support the child. If a parent obligated to pay support dies, the amount of
future support may be modified, revoked or commuted to a lump sum payment to the extent
just and appropriate in the circumstances and has priority equal to the right for family
allowance in section 14-2404. Past due support has priority equal to claims provided for
in section 14-3805, subsection A, paragraph 6.
D. Notwithstanding any other law, pursuant to a petition filed pursuant to this
section the court may suspend the imposition of future interest that accrues on a
judgment for support issued pursuant to this article for the period of time that the
petitioner is incarcerated or physically or mentally disabled to the extent that the
person is unable to maintain employment.
25-328 Sequence of trials when custody or parenting time is an issue
A. In all cases when custody or parenting time is a contested issue, the court
shall first hear and decide all other issues including maintenance and child support if
requested to do so by the petitioner, the respondent or the child's attorney. The
request shall be in the form of a written demand filed with a motion to set or a
controverting certificate.
B. On stipulation of the parties, the court shall first hear and decide custody or
parenting time issues.
C. In the absence of a request or stipulation made pursuant to this section, the
court may try any issue separately and in any sequence.
25-329 Waiting period
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.
25-330 Employer cooperation
Either party to an order for support or maintenance or an agency that has obtained a
judgment in its favor in a paternity action or an action to establish child support may
request information from an employer, payor or self-employed person pursuant to section
25-513.
25-341 Abrogation of alienation of affections action
The common law cause of action for alienation of affections is abolished.
25-351 Domestic relations education; plan; administration
A. On or before January 1, 1997, the superior court in each county shall adopt and
implement an educational program for the purpose of educating persons about the impacts
that divorce, the restructuring of families and judicial involvement have on children.
B. The supreme court shall adopt minimum standards for educational programs. The
presiding judge of the superior court in each county shall submit an educational program
plan to the supreme court for approval. The plan shall be consistent with the minimum
standards that are adopted by the supreme court, including the length and nature of the
program, the qualifications of program providers and the means by which the program will
be evaluated and maintained.
C. The presiding judge of the superior court or a judge who is designated by the
presiding judge shall administer the program in each county and may provide or contract
with political subdivisions in this state or private entities to provide the program to
participants who are required to attend.
25-352 Applicability of program; compliance
A. In an action for dissolution of marriage, legal separation or annulment that
involves a natural or an adopted minor, unemancipated child who is common to the parties
or in any paternity proceeding under chapter 6, article 1 of this title in which a party
has requested that the court determine custody, specific parenting time or child support,
the court shall order the parties to complete an educational program as prescribed by
this article, unless any of the following applies:
1. On its own motion or the motion of either party the court determines that
participation is not in the best interests of the parties or the child.
2. A party is or will be enrolled in an education program that the court deems
comparable.
3. The court determines that a party previously has completed an educational
program adopted pursuant to this article or a comparable program. The court may order a
party to attend a program more than once.
B. In an action or proceeding involving child support or the modification or
enforcement of parenting time or custody, the court may order either party or both
parties to complete an educational program as prescribed by this article.
C. If the parties have a history of domestic violence as defined in section 13-3601
the court may enter appropriate orders that set forth the manner in which the parties
shall participate in the program and shall make reasonable efforts to protect the safety
of the participants.
D. Each party shall complete the educational program within the time ordered by the
judge. The judge may extend the deadline for compliance.
25-353 Failure to comply
Unless the court excuses a party's participation, if a party fails to complete the
educational program as ordered pursuant to section 25-352 the court may deny relief in
favor of that party, hold that party in contempt of court or impose any other sanction
reasonable in the circumstances.
25-354 Children's issues education fund; report
A. A children's issues education fund is established in each county treasury to
implement an educational program as prescribed by this article. The presiding judge of
the superior court in the county shall administer the fund.
B. The fund consists of monies collected pursuant to section 25-355.
C. The county treasurer shall disburse monies from the fund only at the direction
of the presiding judge of the superior court.
D. On notice of the presiding judge of the superior court, the county treasurer
shall invest monies in the fund and monies earned from investment shall be credited to
the fund.
E. Monies that are expended from the fund shall be used to supplement, not
supplant, any state or county appropriations that would otherwise be available for
programs that are established pursuant to this article.
F. On or before August 10 of each year, the county treasurer shall submit a report
to the presiding judge that shows the amount of monies in the children's issues education
fund.
25-355 Fees; deferral or waiver
Each person who attends the educational program required by the court pursuant to
section 25-352 may be required to pay to the clerk of the superior court a fee not to
exceed fifty dollars that covers the cost of the program. The fee may be deferred or
waived pursuant to section 12-302. Notwithstanding any other law, fees paid under this
section shall be used exclusively for the purposes of domestic relations education
programs that are established pursuant to section 25-351. The clerk shall transmit
monthly the monies the clerk collects pursuant to this subsection to the county treasurer
for deposit in the children's issues education fund established by section 25-354.
25-381.01 Purposes of article
The purposes of this article are to promote the public welfare by preserving,
promoting and protecting family life and the institution of matrimony, to protect the
rights of children, and to provide means for the reconciliation of spouses and the
amicable settlement of domestic and family controversies.
25-381.02 Definitions
In this article, unless the context otherwise requires:
1. "Conciliation court" means a court of conciliation provided for in this article.
25-381.03 Applicability of article; determination by superior court
The provisions of this article shall apply in every county where the superior court
has by rule or order established a conciliation court. Such superior court shall
thereafter have jurisdiction under the provisions of this article.
25-381.04 Assignment of judges; number of sessions
In counties having more than one judge of the superior court, the presiding judge
may annually, in the month of January, designate at least one judge to hear all cases
under this article. The judge or judges so designated shall hold as many sessions of the
conciliation court in each week as are necessary for the prompt disposition of the
business before the court.
25-381.05 Transfer of cases; reason; duties of transferee judge
The judge of the conciliation court may transfer any case before the conciliation
court pursuant to this article to the presiding judge of the superior court for trial or
other proceedings by another judge of the court whenever, in the opinion of the judge of
the conciliation court, such transfer is necessary to expedite the business of the
conciliation court or to insure the prompt consideration of the case. When any case is
so transferred, the judge to whom it is transferred shall act as the judge of the
conciliation court in the matter.
25-381.06 Court assistants; salaries; appointments
A. The superior court may appoint the following persons to assist the conciliation
court in disposing of its business:
1. A competent person to act as director of conciliation.
2. Such associate directors, family counselors, social workers, investigators,
stenographers and clerks as the court shall find necessary to carry out the work of the
conciliation court.
B. The appointments provided for in this section shall be made by and may be
terminated by the judge of the conciliation court and may be made in addition to all
other appointments authorized by law. All of the employees provided for in this section
shall be allowed actual traveling and necessary expenses incurred while engaged in the
discharge of the duties of their office, and shall be paid salaries comparable to other
personnel employed by the superior court in the discharge of its duties.
25-381.07 Director of conciliation; powers and duties
The director of conciliation shall, upon the order of the judge of the conciliation
court:
1. Investigate the facts upon which to base warrants, subpoenas, orders or
directions in action or proceedings filed in or transferred to the conciliation court
pursuant to this article.
2. Hold conciliation conferences with parties to, and hearings in, proceedings
under this article, and report the results of such proceedings to the judge of the
conciliation court.
3. Provide such supervision in connection with the exercise of its jurisdiction as
the judge of the conciliation court may order.
4. Cause the orders and findings of the judge of the conciliation court to be
entered in the same manner as orders and findings are entered in domestic relations cases
in superior court.
5. Cause such reports to be made, such statistics to be compiled, and such reports
to be kept as the judge of the conciliation court may direct.
25-381.08 Jurisdiction
Whenever any controversy exists between spouses which may, unless a reconciliation
is achieved, result in the legal separation, dissolution or annulment of the marriage or
in the disruption of the household, and there is any minor child of the spouses or either
of them whose welfare might be affected thereby, the conciliation court shall have
jurisdiction over the controversy, and over the parties thereto and all persons having
any relation to the controversy, as further provided in this article.
25-381.09 Petition invoking jurisdiction or for transfer of action to conciliation court
Prior to the filing of any action for annulment, dissolution of marriage, or legal
separation, either spouse, or both spouses, may file in the conciliation court a petition
invoking the jurisdiction of the court for the purpose of preserving the marriage by
effecting a conciliation between the parties or for amicable settlement of the
controversy between the spouses so as to avoid further litigation over the issue
involved. In any case where an action for annulment, dissolution of marriage, or legal
separation has been filed, either party thereto may by petition filed therein have the
cause transferred to the conciliation court for proceedings in the same manner as though
action had been instituted in the conciliation court in the first instance.
25-381.10 Petition; caption
The petition shall be captioned substantially as follows: In the Superior Court of
the State of ARIZONA in and for the County of
_________________ Upon the petition of Petition for
_______________________ conciliation
(Petitioner) and concerning under the Court
_____________________________ and of Conciliation
_______________________________ respondents Law
25-381.11 Petition; contents
The petition shall:
1. Allege that a controversy exists between the spouses and request the aid of the
conciliation court to effect a reconciliation or an amicable settlement of the
controversy.
2. State the name and age of each minor child whose welfare may be affected by the
controversy.
3. State the name and address of the petitioner or petitioners.
4. If the petition is presented by one spouse only, name the other spouse as a
respondent and state the address of that spouse.
5. Name as a respondent any other person who has any relation to the controversy
and state the address of the person if known to the petitioner.
6. State such other information as the conciliation court may by rule require.
25-381.12 Blank forms; assistance in preparing and presenting petition
The clerk of the court shall provide, at the expense of the county, blank forms for
petitions for filing pursuant to this article. The employees of the conciliation court
shall assist any person in the preparation and presentation of any such petition when
requested to do so.
25-381.13 Fees
No fee shall be charged for filing the petition, nor shall any fee be charged by any
officer for the performance of any duty pursuant to this article.
25-381.14 Hearing; time; place; notice; citation; witnesses
The judge of the conciliation court shall fix a reasonable time and place for
hearing on the petition, said hearing to be held within thirty days of the date of the
filing of the petition, unless the court for good cause orders such hearing to be held
within forty-five days from the date of filing the petition. The court shall cause
notice of the filing of the petition and of the time and place of the hearing as it deems
necessary to be given to the respondents. The court may, when it deems it necessary,
issue a citation to any respondent requiring him to appear at the time and place stated
in the citation, and may require the attendance of witnesses as in other civil suits.
25-381.15 Time and place of holding hearings
Hearings pursuant to this article may be held at any time and place within the
county, and may be held in chambers or otherwise, except that the time and place for
hearing shall not be different from the time and place provided by law for the trial of
civil actions if any party, prior to the hearing, objects to any different time or place.
25-381.16 Conduct of hearing; recommendations; aid of specialists; expense; confidential communications
A. A person designated by the judge of the conciliation court shall conduct an
informal hearing as a conference or series of conferences to effect a reconciliation of
the spouses or an amicable adjustment or settlement of the issues.
B. At the conclusion of the hearing the designated person shall submit a report to
the director of conciliation who shall review it and shall report the results of the
hearing to the judge of the conciliation court. The judge of the conciliation court may,
and on request of one or both of the parties shall, order further hearings in pursuance
of this article.
C. To facilitate and promote the purposes of this article, the court may, with the
consent of both of the parties to the action, recommend or invoke the aid of appropriate
resources such as physicians, psychiatrists, social agencies or other individuals or
agencies including clergymen of the religious denomination to which the parties belong or
may request. No reports of any such individual or agency available to the court shall be
filed with or become a part of the records of the case. Any such aid shall not be at the
expense of the court or of the county unless the county board of supervisors shall
authorize such aid.
D. Hearings or conferences conducted pursuant to this article for the purpose of
effecting a reconciliation of the spouses or an amicable adjustment or settlement of
issues shall be held in private, and the court shall exclude all persons except the
officers of the court, the parties, their counsel and witnesses. Hearings or conferences
may be held with each party and his counsel separately and, in the discretion of the
judge, commissioner or counselor conducting the hearing or conference, counsel for one
party may be excluded when the adverse party is present. All communications, verbal or
written, from the parties to the judge, commissioner or counselor in a proceeding under
this article shall be deemed confidential communications, and shall not be disclosed
without the consent of the party making such communication.
25-381.17 Orders; duration of effectiveness; reconciliation agreement
A. The judge of the conciliation court shall have full power to make, alter,
modify, and enforce all orders or temporary orders, orders for custody of children,
restraining orders, preliminary injunctions and orders affecting possession of property,
as may appear just and equitable, but such orders shall not be effective for more than
sixty days from the filing of the petition, unless the parties mutually consent to a
continuation of such time.
B. Any reconciliation agreement between the parties may be reduced to writing and,
with the consent of the parties, a court order may be made requiring the parties to
comply fully therewith.
25-381.18 Dissolution of marriage; legal separation; annulment; stay of right to file; jurisdiction for pending actions
A. During a period beginning on the filing of a petition for conciliation and
continuing until sixty days after the filing of the petition for conciliation, neither
spouse shall file any action for annulment, dissolution of marriage or legal separation,
and, on the filing of a petition for conciliation, proceedings then pending in the
superior court are stayed and the case shall be transferred to the conciliation court for
hearing and further disposition as provided in this article. All restraining, support,
maintenance or custody orders issued by the superior court remain in full force and
effect until vacated or modified by the conciliation court or until they expire by their
own terms.
B. If, however, after the expiration of the period prescribed in subsection A, the
controversy between the spouses has not been terminated, either spouse may institute
proceedings for annulment of marriage, dissolution of marriage or legal separation by
filing in the clerk's office additional pleadings complying with the requirements
relating to annulment of marriage, dissolution of marriage or legal separation,
respectively, or either spouse may proceed with the action previously stayed, and the
conciliation court has full jurisdiction to hear, try and determine the action for
annulment of marriage, dissolution of marriage or legal separation and to retain
jurisdiction of the case for further hearings on decrees or orders to be made. The
conciliation provisions of this article may be used in regard to postdissolution problems
concerning maintenance support, parenting time or contempt or for modification based on
changed conditions in the discretion of the conciliation court.
C. On the filing of an action for annulment, dissolution of marriage or legal
separation and after the expiration of sixty days from the service or the acceptance of
service of process on or by the defendant, neither spouse without the consent of the
other may file a petition invoking the jurisdiction of the conciliation court, as long as
the domestic relations case remains pending, unless it appears to the court that the
filing will not delay the orderly processes of the pending action, in which event the
court may accept the petition and the filing of the petition has the same effect as the
filing of any such petition within such sixty days after the service or acceptance of
process.
25-381.19 Transfer of certain actions where minor child involved
Whenever any action for annulment of marriage, dissolution of marriage, or legal
separation is filed in the superior court and it appears to the court at any time during
the pendency of the action that there is any minor child of the spouses or either of them
whose welfare may be adversely affected by the dissolution or annulment of the marriage,
legal separation or the disruption of the household, and there appears to be some
reasonable possibility of a reconciliation being effected, the case may be transferred to
the conciliation court for proceedings for reconciliation of the spouses or amicable
settlement of issues in controversy in accordance with the provisions of this article.
25-381.20 Procedure in actions where no child is involved; conciliation court may accept case
Whenever application is made to the conciliation court for conciliation proceedings
in respect to a controversy between spouses or a contested action for annulment of
marriage, dissolution of marriage, or legal separation, but there is no minor child whose
welfare might be affected by the results of the controversy, and it appears to the court
that reconciliation of the spouses or amicable adjustment of the controversy can probably
be achieved, and that the work of the court in cases involving children will not be
seriously impeded by acceptance of the case, the court may accept and dispose of the case
in the same manner as similar cases involving the welfare of children are disposed
of. In the event of such application and acceptance, the court shall have the same
jurisdiction over the controversy and the parties thereto or having any relation thereto
that it has under this article in similar cases involving the welfare of children.
25-381.21 Construction of article
Except as specifically and expressly so provided, nothing in this article is
intended or shall be construed to repeal, modify, or change in any respect whatsoever the
laws relating to annulment of marriage, dissolution of marriage, or legal separation, and
the court of conciliation shall, when application for such relief is made as provided in
this article, apply such laws in the same manner as if action had been brought thereunder
in the first instance in the superior court, but the conciliation procedures of the
conciliation court shall be applied to arrive at an amicable settlement of all issues in
controversy.
25-381.22 Subsequent petition filed within one year
Once a petition by either or both of the spouses has been filed as permitted by
section 25-381.09, the filing of any subsequent petition under such section within one
year thereafter by either or both of the spouses shall not stay any action for annulment,
dissolution of marriage, or legal separation then pending nor prohibit the filing of such
an action by either party. The filing of a subsequent petition by either or both of the
spouses more than one year after the filing of any previous petition with such effect
shall have the same effect toward staying any domestic relations action then pending and
toward prohibiting the filing of any such action as provided in section 25-381.18.
25-381.23 Option for mandatory conciliation
In those counties in which the superior court has by rule or order established a
conciliation court, the judge or judges of the conciliation court may, by local rule,
with the approval of the presiding judge of the superior court in that county, require
one or more hearings or conferences at which the parties must attend in order to further
the purposes of this article. The court may also grant exemptions from such a local and
mandatory rule if to do otherwise would cause undue hardship.
25-381.24 Counseling
The conciliation court, in counties having a population of less than two hundred
thousand persons according to the most recent United States census, may contract with
qualified marriage and family counselors to provide counseling services.
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