What This Statute Says
The conciliation court was built around protecting children, but this section keeps the court available to childless couples whose marriage might still be saved. Acceptance is discretionary and depends on whether the child-welfare docket has room.
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.
A.R.S. § 25-381.20When This Statute Comes Into Play
This pathway applies when:
- Spouses without a minor child want to try conciliation before filing for divorce.
- A childless contested divorce or annulment is pending and reconciliation appears achievable.
- The conciliation court has capacity to take the case without compromising its work in cases involving children.
What This Means for Arizona Families
Couples without children often assume the conciliation court is closed to them. This section keeps the door open. The court's primary obligation is to cases involving children, but the legislature recognized that childless marriages also benefit from a structured forum for reconciliation when the timing is right.
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.