Family Law Statutes | Arizona Family Law Attorney

Arizona Family Law Statutes

ARS 13-3005 – Interception of Electronic Communication

A. Except as provided in this section and section 13-3012, a person is guilty of a class 5 felony who either: Intentionally intercepts a wire or electronic communication to which he is not a party, or aids, authorizes, employs….

ARS 25-101 – Void and Prohibited Marriages

A. Marriage between parents and children, including grandparents and grandchildren of every degree, between brothers and sisters of the one-half as well as the whole blood, and between uncles and nieces, aunts and nephews and…

ARS 25-111 – Covenant Marriages

A. A marriage shall not be contracted by agreement without a marriage ceremony. B. A marriage contracted within this state is not valid unless all of the following occur: 1. A license is issued as provided in this title….

ARS 25-112 – Marriages Contracted in Another State

A. Marriages valid by the laws of the place where contracted are valid in this state, except marriages that are void and prohibited by section 25-101. B. Marriages solemnized in another state or country by parties intending…

ARS 25-201 – Premarital Agreements

In this article, unless the context otherwise requires: 1. “Premarital agreement” means an agreement between prospective spouses that is made in contemplation of marriage and that is effective on marriage. 2. “Property” means…

ARS 25-202 – Enforcement of Premarital Agreements

A. A premarital agreement must be in writing and signed by both parties. The agreement is enforceable without consideration. B. The agreement becomes effective on marriage of the parties. C. The agreement is not…

ARS 25-203 – Scope of Premarital Agreement

A. Parties to a premarital agreement may contract with respect to: The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located. The right to buy…

ARS 25-204 – Amendment or Revocation of Agreement

After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration.

ARS 25-211 – Property Acquired During Marriage

A. All property acquired by either husband or wife during the marriage is the community property of the husband and wife except for property that is: Acquired by gift, devise or descent. Acquired after service of a petition for…

ARS 25-213 – Separate Property

A. A spouse’s real and personal property that is owned by that spouse before marriage and that is acquired by that spouse during the marriage by gift, devise or descent, and the increase, rents, issues and profits of that…

ARS 25-215 – Liability of Community Property and Separate Property for Debts

A. The separate property of a spouse shall not be liable for the separate debts or obligations of the other spouse, absent agreement of the property owner to the contrary. B. The community property is liable for the premarital…

ARS 25-301 – Grounds for Annulment

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. Read this article for information on Annulments in Arizona…

ARS 25-302 – Procedure for Annulment

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…

ARS 25-311 – Jurisdiction

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…

ARS 25-312 – Dissolution of Marriage

The court shall enter a decree of dissolution of marriage if it finds each of the following: That one of the parties, at the time the action was commenced, was domiciled in this state, or was stationed in this state…

ARS 25-313 – Decree of Legal Separation

The court shall enter a decree of legal separation if it finds each of the following: 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…

ARS 25-314 – Pleadings for Dissolution of Marriage

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

ARS 25-315 – Temporary Order or Preliminary Injunction

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: The preliminary…

ARS 25-317 – Separation Agreements

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

ARS 25-318 – Disposition of Property

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

ARS 25-319 – Maintenance Computation Factors

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…

ARS 25-320 – Determining the Amount of Child Support

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…

ARS 25-324 – Attorney Fees

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…

ARS 25-325 – Decree of Finality

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…

ARS 25-327 – Modification or Termination of Maintenance, Support and Property Division

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…

ARS 25-352 – Parent Information Program

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…

ARS 25-401 – Definitions of Child Custody

In this chapter, unless the context otherwise requires: “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…

ARS 25-402 – Child Custody Jurisdiction

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…

ARS 25-403 – Legal Decision Making

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…

ARS 25-403.01 – Sole and Joint Legal Decision Making

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…

ARS 25-403.02 – Parenting Plans

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…

ARS 25-403.03 – Domestic Violence and Child Abuse

A. Notwithstanding subsection D of this section, joint custody 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…

ARS 25-403.03 – Substance Abuse and Child Custody

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…

ARS 25-403.06 – Parental Access to Records

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…

ARS 25-408 – Rights of Noncustodial Parents, Parenting Time, Relocation of Child

A. If by written agreement or court order both parents are entitled to joint legal decision-making or parenting time and both parents reside in the state, at least forty-five days’ advance written notice shall be provided to…

ARS 25-409 – Third Party Rights

A. Pursuant to section 25-402, subsection B, paragraph 2, a person other than a legal parent may petition the superior court for legal decision-making authority or placement of the child. The court shall summarily deny a petition…

ARS 25-411 – Modification of Custody

A. A person shall not make a motion to modify a legal decision-making or parenting time decree earlier than one year after its date, unless the court permits it to be made on the basis of affidavits that there is reason to believe…

ARS 25-414 – Violation of Visitation and Parenting Time Rights

A. If the court, based on a verified petition and after it gives reasonable notice to an alleged violating parent and an opportunity for that person to be heard, finds that a parent has refused without good cause to comply with a…