--- name: az-family-court description: > Use to choose venue and handle filing mechanics for Arizona domestic-relations case in Family Department of Superior Court — dissolution, legal separation, annulment, legal decision-making, parenting time, child support, spousal maintenance, paternity, protective orders. CRITICAL FLAG: family cases run on SEPARATE Arizona Rules of Family Law Procedure (ARFLP), not ARCP, with mandatory disclosure (Rule 49). Covers venue, Conciliation Court, parent information program, parenting conferences, mediation, AZTurboCourt e-filing, family forms. Triggers: "Arizona family court", "file for divorce Arizona", "dissolution of marriage Arizona", "Arizona legal decision-making parenting time", "ARFLP Arizona family rules", "Arizona order of protection", "Conciliation Court Arizona", "Arizona parenting plan", "Arizona Rule 49 disclosure". Venue/procedural skill; defers substantive law to `az-family-law`. version: 0.1.4 --- # Arizona Family Court — Family Department of the Superior Court > **NOT LEGAL ADVICE.** Dissolution, legal-decision-making, support, and > protective-order outcomes have lasting consequences for children, > property, and safety. Strongly consider consulting a licensed Arizona > family-law attorney even on an agreed or "simple" matter. This skill > is a drafting/venue aid; verify the venue's current local rules and > the controlling statutes and rules before filing. Arizona has **no separate family trial court**. Family matters are heard in the **Family Department (Family Court) of the Superior Court**, which has **exclusive original jurisdiction** over Title 25 (Marital and Domestic Relations) matters. The Superior Court is a single statewide court sitting county-by-county; the Family Department is the division that handles domestic-relations cases. This skill covers where to file and filing mechanics. For substantive law (grounds, the legal-decision-making best-interests factors, the child-support guidelines, spousal-maintenance guidelines, parentage), see `az-family-law`. For document form, see `az-statewide-format`. ## CRITICAL: family cases run on the ARFLP, not the civil rules Arizona family cases are governed by the **Arizona Rules of Family Law Procedure (ARFLP)** — a **separate, self-contained rule set** distinct from the **Arizona Rules of Civil Procedure (Ariz. R. Civ. P.)**. Do not import a civil-rules deadline, motion form, or discovery practice into a family case without confirming the ARFLP analog. Key consequences: - **Pleadings and procedure follow the ARFLP**, including the petition/ response framework, temporary orders, and the family-specific motion practice. Confirm the current rule number in `references/` — the ARFLP is periodically renumbered. - **Mandatory disclosure runs under ARFLP Rule 49**, the family analog to civil disclosure. Rule 49 requires each party to disclose income, assets, debts, and supporting financial documents (and, where children are involved, the information needed for support and parenting). Treat Rule 49 disclosure as a front-loaded obligation, not discovery you wait to be asked for. - **Discovery is limited** and family-tailored — verify the current ARFLP discovery rules before serving civil-style interrogatories or requests. Flag the ARFLP-vs-civil distinction prominently in any family filing. ## What this venue handles | Matter | Heard in the Family Department? | |---|---| | Dissolution of marriage (divorce) | **Yes** (A.R.S. § 25-311 et seq.) | | Legal separation | **Yes** | | Annulment | **Yes** | | Property division, spousal maintenance | Yes — with the dissolution (§ 25-318 / § 25-319) | | **Legal decision-making and parenting time** | **Yes** (A.R.S. § 25-401 et seq.) | | Child support and enforcement | **Yes** (A.R.S. § 25-320) | | Paternity / parentage | **Yes** (A.R.S. § 25-801 et seq.) | | Modification / enforcement of family orders | **Yes** | | Protective orders (see below) | **Yes** — and other courts share jurisdiction | > **Terminology — "legal decision-making" and "parenting time," not > "custody."** Effective with the **2013** statutory change, Arizona > replaced "custody" with **legal decision-making** (the authority to > make major decisions, A.R.S. § 25-401(3)) and **parenting time** (the > schedule of time with the child). Use the current statutory terms in > Arizona filings; "custody" survives only in older orders and the > UCCJEA context. Substantive standards live in `az-family-law`. ## Protective orders Two principal tracks, both available in the Superior Court (and, for many petitioners, in justice or municipal court — confirm the proper forum): - **Order of Protection — A.R.S. § 13-3602.** For petitioners in a qualifying domestic relationship (defined by reference to the domestic- violence statute, A.R.S. § 13-3601). Enjoins domestic-violence offenses; the court may order no-contact, stay-away from residence/ workplace/school, firearm surrender on a credible-threat finding, and protection of other designated persons. - **Injunction Against Harassment — A.R.S. § 12-1809.** For petitioners with **no** qualifying domestic relationship — harassment defined as a series of acts (or one or more acts of sexual violence) directed at a specific person that would seriously alarm, annoy, or harass a reasonable person. No filing fee; an injunction generally expires **one year after service** unless modified — confirm current figures. Mechanics to flag (verify current text): the court may issue the order **without a hearing** on a sufficient showing; the defendant may **request a hearing** to contest the order within the time the statute/rules allow; violation is independently enforceable (e.g., arrest under A.R.S. § 13-2810 for an injunction against harassment). Route the petition and order through `az-draft-motion` / `az-draft-order` and confirm the venue's protective-order intake desk. ## Conciliation Court, parent information, and ADR - **Conciliation Court — A.R.S. § 25-381.01 et seq.** Counties may operate a Conciliation Court whose statutory purpose includes promoting reconciliation and the amicable settlement of domestic-relations disputes. Either party may petition; communications in conciliation are confidential (A.R.S. § 25-381.16). The Conciliation Court is also the county vehicle for many court-connected family services. - **Mandatory parent information program.** Arizona requires parties to a dissolution, legal separation, or paternity action **involving minor children** to attend a court-approved **parent information / education program** before the matter concludes — confirm the venue's program, deadline, and certificate-of-completion requirement. - **Parenting conferences / ADR / mediation.** Counties refer contested legal-decision-making and parenting-time disputes to **parenting conferences**, **mediation**, or evaluations through Conciliation Court Services. Verify the venue's referral order, the domestic-violence screening practice, and any cost-sharing. ## Venue and jurisdiction - File in the **Superior Court for the county** of proper venue. For dissolution, confirm the **domicile/residency requirement** (one party domiciled in Arizona for the statutory period before filing) under A.R.S. § 25-312 — see `az-family-law`. - If there are minor children, confirm Arizona is the child's home state under the **UCCJEA** and plead the jurisdictional allegations. - Confirm the county's Family Department assignment and case-management practice with the relevant venue skill (`az-maricopa`, `az-pima`, `az-superior-courts`). ## Filing mechanics 1. **Confirm jurisdiction and venue** — Family Department of the county Superior Court; dissolution residency/domicile; UCCJEA home-state allegations for children (`az-family-law`). 2. **Prepare the initiating documents** — the petition stating the statutory basis; for matters with children, the parenting/legal- decision-making allegations and the support information; the protective- order petition where protection is sought. Use `az-statewide-format` for the caption, signature, and redaction of protected identifiers, and `az-draft-motion` / `az-draft-declaration` / `az-draft-order` for the documents. Build the **ARFLP Rule 49** disclosure (financial affidavit / supporting documents) early. 3. **Use the Self-Service Center family forms where available** — Arizona courts publish self-service-center packets (dissolution with/without children, parenting, paternity, protective orders). Confirm the current packet and that the county accepts it. 4. **File and pay (or waive) the fee** — with the Superior Court Clerk; an **application for deferral or waiver** of fees may be available for qualifying self-represented filers. Confirm the county's filing fee and whether **AZTurboCourt** (Arizona's e-filing portal) is the filing path for the case type and venue (`az-file-packet`, and the venue skill). 5. **Serve** the petition under the applicable service rule within the service period; the response window runs under the ARFLP (`az-first-30-days`). Protective-order service and law-enforcement entry follow the protective-order rules. 6. **Disclosure and ADR** — exchange ARFLP Rule 49 disclosure; complete the parent information program where children are involved; expect referral to a parenting conference, mediation, or evaluation. ## Self-represented (pro se) family intake - Arizona provides extensive **self-service-center** resources and form packets for family matters. Confirm the current packet and the county's acceptance. - Designate the filer clearly as self-represented in the signature block (no Arizona bar number) — see `az-pro-se`. - Clerks and self-service staff explain **procedure**, not legal advice. Encourage consultation with a licensed Arizona family-law attorney where there are minor children, retirement assets, real property, a business, safety concerns, or any disputed issue. ## Composition - For substantive law (dissolution grounds and findings, the legal- decision-making best-interests factors under A.R.S. § 25-403, parenting plans, the child-support guidelines, the spousal-maintenance guidelines under A.R.S. § 25-319, paternity, UCCJEA/UIFSA): `az-family-law` - For format (caption, signature, redaction): `az-statewide-format` - For the specific county / clerk / Family Department assignment and e-filing: `az-maricopa`, `az-pima`, `az-superior-courts` - For pro se conventions and self-service-center forms: `az-pro-se` - For the response and first-response window under the ARFLP: `az-first-30-days` - For deadlines and time computation: `az-deadlines` - For assembling and preflighting the filing packet (AZTurboCourt): `az-file-packet` - For scheduling and hearings: `az-schedule-hearing`, `az-hearings` - For the proposed decree/order: `az-draft-order`, `az-submit-order` ## References - `references/family-department-jurisdiction.md` — Superior Court exclusive jurisdiction over Title 25; the Family Department structure; venue and dissolution domicile/residency under A.R.S. § 25-312 - `references/arflp-and-rule-49.md` — the ARFLP as a separate rule set from the Ariz. R. Civ. P.; Rule 49 mandatory disclosure; limited family discovery - `references/decision-making-parenting-time.md` — the 2013 terminology change; A.R.S. § 25-401 definitions; § 25-403 best interests pointer - `references/protective-orders.md` — A.R.S. § 13-3602 order of protection; A.R.S. § 12-1809 injunction against harassment; issuance, hearing-request, and enforcement mechanics - `references/conciliation-and-adr.md` — A.R.S. § 25-381.01 et seq. Conciliation Court; the parent information program; parenting conferences and mediation - `references/forms-and-efiling.md` — self-service-center family form packets; AZTurboCourt e-filing; fee deferral/waiver