Title 25 — Marital and Domestic Relations

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.

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 part…

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, annulment or legal separation shall be filed in accordance w…

A. 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 cas…

A. 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 provisio…

A. The verified petition in a proceeding for dissolution of marriage, annulment or legal separation shall allege that the marriage is irretrievably broken or void, that one or both of the parties desire to live separate and apart or, if the marriage is a covenant marriage, any of…

B. The filing fee for the summary consent decree is fifty percent of the combined filing fee for a petition and answer, together with any additional filing fees assessed by the county. C. At the time of the filing of the combined petition and response, or at any time within sixty…

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 …

1. An order for equal possession of the liquid assets of the marital property. 2. Temporary spousal maintenance. 3. Temporary legal decision-making and parenting time of a child common to the parties. 4. Temporary support of a child, natural or adopted, common to the parties enti…

A. To promote amicable settlement of disputes between parties to a marriage attendant on their separation or annulment or the dissolution of their marriage, the parties may enter into a written separation agreement containing provisions for disposition of any property owned by ei…

A. In a proceeding for dissolution of marriage, for annulment or for legal separation, or in a proceeding for disposition of property following dissolution of the marriage by a court that previously lacked personal jurisdiction over the absent spouse or previously lacked jurisdic…

In making a disposition of property pursuant to section 25-318 or 25-327, a court shall not do any of the following: 1. Consider any federal disability benefits awarded to a veteran for service-connected disabilities pursuant to 10 United States Code section 1413a or 38 United St…

A. In an action described in section 25-318, subsection A, the court shall not award any community property to a convicted spouse. B. If one spouse is required to make ongoing installment payments to a convicted spouse pursuant to a division of property as described in section 25…

A. If an action described in section 25-318, subsection A involves the disposition of in vitro human embryos, the court shall: 1. Award the in vitro human embryos to the spouse who intends to allow the in vitro human embryos to develop to birth. 2. If both spouses intend to allow…

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 …

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, wi…

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 f…

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 again…

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 supp…

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 pe…

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 …

A. 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 maintai…

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 provisio…

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 …

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 hav…

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…

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.

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.

A. In all proceedings brought pursuant to this title, the court shall provide the following written notification to all parties: You may request conclusions of fact and law on the following issues, if they are contested: the issues of child custody, relocation requests, spousal m…

The common law cause of action for alienation of affections is abolished.

A. The superior court in each county shall adopt and implement an educational program for the purpose of educating persons about the impact of divorce on adults and children. B. The supreme court shall adopt minimum standards for educational programs. The presiding judge of the s…

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…

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 circu…

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 …

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 …

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 a…

In this article, unless the context otherwise requires: 1. "Conciliation court" means a court of conciliation provided for in this article.

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.

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 e…

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 cou…

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…

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.…

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 welf…

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 conciliati…

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) under the Court of and concerning Conciliation Law _…

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 co…

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.

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.

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 …

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, …