Title 25 — Marital and Domestic Relations

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, …

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 design…

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 equitab…

B. If either party wishes to extend the stay prescribed pursuant to subsection A, that party must file a petition with the court that states the basis for the extension and includes a plan for reconciliation or a counseling schedule. The court may grant a reasonable extension of …

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…

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 affect…

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 conciliati…

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…

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 co…

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.

In this chapter, unless the context otherwise requires: 1. "In loco parentis" means a person who has been treated as a parent by a child and who has formed a meaningful parental relationship with a child for a substantial period of time. 2. "Joint legal decision-making" means bot…

A. Before it conducts a proceeding concerning legal decision-making or parenting time, including a proceeding to determine the legal decision-making or visitation of a nonparent, a court in this state first must confirm its authority to do so to the exclusion of any other state, …

A. The court shall determine legal decision-making and parenting time, either originally or on petition for modification, in accordance with the best interests of the child. The court shall consider all factors that are relevant to the child's physical and emotional well-being, i…

A. In awarding legal decision-making, the court may order sole legal decision-making or joint legal decision-making. B. In determining the level of decision-making that is in the child's best interests, the court shall consider the factors prescribed in section 25-403, subsection…

A. If the child's parents cannot agree on a plan for legal decision-making or parenting time, each parent must submit a proposed parenting plan. B. Consistent with the child's best interests in section 25-403 and sections 25-403.03, 25-403.04 and 25-403.05, the court shall adopt …

A. Notwithstanding subsection D of this section, joint legal decision-making shall not be awarded if the court makes a finding of the existence of significant domestic violence pursuant to section 13-3601 or if the court finds by a preponderance of the evidence that there has bee…

A. If the court determines that a parent has abused drugs or alcohol or has been convicted of any drug offense under title 13, chapter 34 or any violation of section 28-1381, 28-1382 or 28-1383 within twelve months before the petition or the request for legal decision-making or p…

A. Unless the court finds that there is no significant risk to the child and states its reasons in writing, the court shall not grant a person sole or joint legal decision-making of a child or unsupervised parenting time with a child if the person: 1. Is a registered sex offender…

A. Unless otherwise provided by court order or law, on reasonable request both parents are entitled to have equal access to prescription medication, documents and other information concerning the child's education and physical, mental, moral and emotional health including medical…

The court may specify one parent as the primary caretaker of the child and one home as the primary home of the child for the purposes of defining eligibility for public assistance. This finding does not diminish the rights of either parent and does not create a presumption for or…

A. In a proceeding regarding sole or joint legal decision-making or parenting time, either party may request attorney fees, costs and expert witness fees to enable the party with insufficient resources to obtain adequate legal representation and to prepare evidence for the hearin…

A. For any parenting time order entered under this article, the court shall determine an amount of child support in accordance with section 25-320 and guidelines established pursuant to that section. B. An award of joint legal decision-making or a substantially equal parenting ti…

B. A safe exchange location includes any of the following: 1. A designated neutral safe exchange location pursuant to section 11-452. 2. A location approved by the court. 3. A location agreed to by the parties.

A. A party to a legal decision-making and parenting time proceeding may move for a temporary order. This motion must be supported by pleadings as provided in section 25-411. The court may award temporary legal decision-making and parenting time under the standards of section 25-4…

A. The court may interview the child in chambers to ascertain the child's wishes as to the child's custodian and as to parenting time. B. The court may seek the advice of professional personnel, whether or not employed by the court on a regular basis. The advice given shall be in…

A. In contested legal decision-making and parenting time proceedings, and in other custody proceedings if a parent or the child's custodian so requests, the court may order an investigation and report concerning legal decision-making or parenting time arrangements for the child. …