What This Statute Says
This is the order-making power of the conciliation court. The judge can issue temporary orders that mirror what a divorce court would issue, and a reconciliation agreement between the parties becomes enforceable through this section.
A. The judge of the conciliation court shall have full power to make, alter, modify, and enforce all orders or temporary orders, orders for custody of children, restraining orders, preliminary injunctions and orders affecting possession of property, as may appear just and equitable, but such orders shall not be effective for more than the period of the stay under section 25-381.18, unless the parties mutually consent to a continuation of such time.
A.R.S. § 25-381.17When This Statute Comes Into Play
This authority matters when:
- A couple needs interim custody, property, or restraining orders during the sixty-day stay.
- The parties reach a reconciliation agreement and want it on the record.
- An order from conciliation court needs to be modified or extended past the standard stay period.
What This Means for Arizona Families
The order-making power makes the conciliation court more than a counseling forum. The judge can stabilize the household during the reconciliation attempt with temporary custody, possession, or restraining orders. If the marriage survives, a written reconciliation agreement gives the couple a framework. If it does not, those temporary orders carry through the dissolution that follows.
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.