What This Statute Says
This section opens the door to the conciliation court. Either spouse can file a petition alone, both can file jointly, and a petition can be used either to keep a divorce from being filed or to pause one already filed.
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.
A.R.S. § 25-381.09When This Statute Comes Into Play
A conciliation petition is used when:
- One spouse believes the marriage can still be saved and wants a structured forum to try.
- Both spouses want to attempt reconciliation or at least a low-conflict settlement before filing for divorce.
- An action for annulment, dissolution, or legal separation is already on file and one spouse wants to attempt conciliation before continuing.
What This Means for Arizona Families
Filing a conciliation petition is one of the few ways an Arizona spouse can slow down a divorce filing the other spouse may want to push through quickly. The petition triggers a sixty-day stay under Section 25-381.18 and gives the parties a chance to reach either reconciliation or a calmer plan for separation.
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.