A.R.S. 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.
Explanation: If divorce or separation is possible, and a child is involved, the conciliation court has authority over your case.
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A.R.S. 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.
Explanation: If you're worried about your marriage and a divorce or separation hasn't been filed for, you can put your situation to the conciliation court to see if this may settle the problems. If something like a divorce has already been filed for, either spouse can ask the trial court judge to move your case to the conciliation court.
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A.R.S. 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.
Explanation: If you want to have your case in conciliation court, then you must put in a legal document the required information listed in the statute above. The documents (forms) needed to make this request can be obtained by the process listed in 25-381.12
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A.R.S. 25-381.13, 25-381.14
Fees (25-381.13)
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.
Hearing; time; place; notice; citation; witnesses (25-381.14)
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.
Explanation: To request your case in conciliation court doesn't cost any money. The judge will set a hearing to determine your request, and issue orders from there.
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