What This Statute Says
This section gives the conciliation judge a docket management tool. When a case needs faster handling than the conciliation calendar can provide, or when shifting a case will keep the rest of the conciliation docket moving, the judge transfers it.
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.
A.R.S. § 25-381.05When This Statute Comes Into Play
Transfer can come up when:
- The conciliation court calendar is full and a new case needs prompt attention.
- A case requires trial or other proceedings that fit better with another judge's docket.
- Conflicts of interest or recusal issues affect the original conciliation judge.
What This Means for Arizona Families
Most couples who file a conciliation petition will see the same judge from start to finish. But when the calendar is crowded or when a case escalates beyond what the conciliation track can absorb, this section gives the judge a way to keep things moving without forcing the parties to refile elsewhere.
Reconciliation is rare once a divorce filing is on the table, but the Court of Conciliation has helped many Arizona couples either repair the marriage or part on better terms. Either result has estate-planning consequences. Our FAQ on how divorce affects your Arizona estate plan covers the updates that follow a finalized dissolution; if you reconcile, the same plan needs a different review. The Arizona community property presumption and any premarital agreement the spouses signed both shape what is on the table during conciliation. An Arizona family law attorney working with an estate planning attorney can keep the two tracks coordinated regardless of which way the petition resolves.