A.R.S. tit. 25 ch. 3 — Arizona Revised Statutes Title 25 Chapter 3 — Dissolution Of Marriage

25-301. Grounds 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. 25-302. Procedure and law 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 jurisdiction to do so, shall divide the property of the parties and shall establish the rights and obligations of the parties with respect to any common or adopted children in accordance with the provisions of section 25-320 and chapter 4, article 1 of this title. 25-311. Jurisdiction; filing of petition 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, annulment or legal separation shall be filed in accordance with the Arizona rules of family law procedure. 25-312. Dissolution of marriage; findings necessary A. The court shall enter a decree of dissolution of marriage if it finds each of the following: 1. 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 armed services and that in either case the domicile or military presence has been maintained for ninety days before filing the petition for dissolution of marriage. 2. The conciliation provisions of section 25-381.09 and the provisions of article 5 of this chapter either do not apply or have been met. 3. The marriage is irretrievably broken. 4. If the marriage is a covenant marriage, any of the grounds prescribed in section 25-903. B. If both of the parties by petition or otherwise state under oath or affirmation that the marriage is irretrievably broken or if one of the parties so states and the other does not deny it, the court shall make a finding as to whether the marriage is irretrievably broken. C. If one of the parties denies under oath or affirmation that the marriage is irretrievably broken, the court shall hold a hearing to consider all relevant factors as to the prospect of reconciliation and shall do either of the following: 1. Make a finding as to whether the marriage is irretrievably broken. 2. Continue the matter for not more than sixty days for a further hearing. At the request of either party or on its own motion, the court may order a conciliation conference. At the next hearing the court shall make a finding as to whether the marriage is irretrievably broken. D. A finding that the marriage is irretrievably broken is a determination that there is no reasonable prospect of reconciliation. E. To the extent it has jurisdiction to do so, the court shall make provisions for legal decision-making and parenting time, the support of any natural or adopted child common to the parties of the marriage entitled to support, the maintenance of either spouse and the disposition of property. 25-313. Decree of legal separation; findings necessary; termination of decree A. The court shall enter a decree of legal separation if it finds each of the following: 1. 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 armed services. 2. The conciliation provisions of section 25-381.09 and the provisions of article 5 of this chapter either do not apply or have been met. 3. The marriage is irretrievably broken as prescribed in section 25-312 or one or both of the parties desire to live separate and apart. 4. If the marriage is a covenant marriage, any of the grounds prescribed in section 25-904. 5. The other party does not object to a decree of legal separation. If the other party objects to a decree of legal separation, on one of the parties meeting the required domicile for dissolution of marriage, the court shall direct that the pleadings be amended to seek a dissolution of the marriage. B. To the extent it has jurisdiction to do so, the court shall make provisions for legal decision-making and parenting time, the support of any natural or adopted child common to the parties of the marriage entitled to support, the maintenance of either spouse and the disposition of the property. C. At any time after entry of a final decree of legal separation that has not subsequently been converted into a decree of dissolution of marriage, the parties may stipulate to termination of the decree of legal separation. The stipulated order shall be filed under the same cause number as the legal separation action and shall include the following: 1. That both parties agree to terminate the legal separation, that they desire to restore their status to legally married and that they do so intelligently, voluntarily and without duress, coercion or undue influence. 2. That on entry of the stipulated order terminating the decree of legal separation, the marital community is re-formed as if the parties became married on the date of the entry of the termination order, at which time the legal separation no longer exists. 3. That any property awarded to either party as sole and separate property under the terms of the decree of legal separation as well as any property acquired or debts incurred from the date of the entry of the decree of legal separation through the date of termination are the sole and separate property of the acquiring party and the sole and separate debt of the incurring party. 4. That any property payments due from one party to the other under the terms of the decree of legal separation are deemed waived, unless otherwise specified in the termination order. 5. That any parenting orders entered in the decree of legal separation under chapter 4 of this title no longer apply. 6. That any provisions for child support or spousal maintenance entered in the decree of legal separation no longer apply. Except as to any sum owed to the state pursuant to section 46-407 and unless otherwise agreed, each party is waiving any claims for amounts that may remain due and owing from the time period in which the support provisions under the decree of legal separation were in effect. 7. That both parties acknowledge that termination of the legal separation does not impact the rights of creditors that may have relied on the terms of the decree of legal separation. 25-314. Pleadings; contents; defense; joinder of parties; confidentiality A. The verified petition in a proceeding for dissolution of marriage, annulment or legal separation shall allege that the marriage is irretrievably broken or void, that one or both of the parties desire to live separate and apart or, if the marriage is a covenant marriage, any of the grounds prescribed in section 25-903 or 25-904, whichever is appropriate, and shall set forth: 1. The birth date, occupation and address of each party and the length of domicile in this state. 2. The date of the marriage, the place at which it was performed and whether the marriage is a covenant marriage. 3. The names, birth dates and addresses of all living children, natural or adopted, common to the parties and whether the wife is pregnant. 4. The details of any agreements between the parties as to support, legal decision-making and parenting time of the children and maintenance of a spouse. 5. The relief sought. B. Either party to the marriage may initiate the proceeding. C. The only defense to a petition is: 1. For the dissolution of a marriage or legal separation, that the marriage is not irretrievably broken. 2. For a covenant marriage, that none of the grounds alleged for a dissolution of marriage or legal separation prescribed in section 25-903 or 25-904 is met. 3. For annulment, that the marriage is not void. D. The court may join additional parties necessary for the exercise of its authority. E. This section does not require a victim of domestic violence or a resident of a domestic violence shelter as defined in section 36-3001 to divulge the person's address, except that a means of communicating with the resident, such as a post office box or address of the person's attorney, must be disclosed. 25-314.01. Summary consent petition and decree A. If the parties reach a comprehensive settlement of all issues before either party initiates formal dissolution of marriage or legal separation proceedings, the parties may jointly elect to proceed with the dissolution or legal separation action as a summary consent decree proceeding. The parties shall file a combined petition and response for dissolution of marriage or legal separation pursuant to section 25-314. The petition shall state that formal service of process is waived and that all issues are resolved by agreement. B. The filing fee for the summary consent decree is fifty percent of the combined filing fee for a petition and answer, together with any additional filing fees assessed by the county. C. At the time of the filing of the combined petition and response, or at any time within sixty days after the date of filing, the parties shall submit to the court all required final settlement documents, including their written agreements and proposed decree. D. The court may not enter the final decree earlier than sixty days after the date of filing pursuant to section 25-329. E. At any time before entry of the decree, either party may submit a notice of intent to withdraw from the summary consent decree agreement, which shall then be considered as a withdrawal from an agreement in accordance with the Arizona rules of family law procedure. If the parties jointly withdraw from the summary consent decree agreement, the court shall dismiss the case. 25-315. Preliminary injunction; effect 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: 1. The preliminary injunction shall be directed to each party to the action and contain the following orders: (a) That both parties are enjoined from transferring, encumbering, concealing, selling or otherwise disposing of any of the joint, common or community property of the parties except if related to the usual course of business, the necessities of life or court fees and reasonable attorney fees associated with an action filed under this article, without the written consent of the parties or the permission of the court. (b) That both parties are enjoined from: (i) Molesting, harassing, disturbing the peace of or committing an assault or battery on the person of the other party or any natural or adopted child of the parties. (ii) Removing any natural or adopted child of the parties then residing in Arizona from this state without the prior written consent of the parties or the permission of the court. (iii) Removing or causing to be removed the other party or the children of the parties from any existing insurance coverage, including medical, hospital, dental, automobile and disability insurance. (c) That both parties shall maintain all insurance coverage in full force and effect. 2. The preliminary injunction shall include the following statement: Warning This is an official court order. If you disobey this order the court may find you in contempt of court. You may also be arrested and prosecuted for the crime of interfering with judicial proceedings and any other crime you may have committed in disobeying this order. You or your spouse may file a certified copy of this order with your local law enforcement agency. A certified copy may be obtained from the clerk of the court that issued this order. If you are the person that brought this action, you must also file evidence with the law enforcement agency that this order was served on your spouse. This court order is effective until a final decree of dissolution, legal separation or annulment is filed or the action is dismissed. B. The preliminary injunction is effective against the petitioner when the petition is filed and against the respondent on service of a copy of the order or on actual notice of the order, whichever is sooner. If service is by registered mail under the Arizona rules of family law procedure, the order is effective on receipt of the order. The order remains effective until further order of the court or the entry of a decree of dissolution, legal separation or annulment. C. At the time of filing the petition for dissolution, legal separation or annulment, the copies of the preliminary injunction shall be issued to the petitioner or the agent, servant or employee filing the petition for dissolution, legal separation or annulment. The petitioner is deemed to have accepted service of the petitioner's copy of the preliminary injunction and to have actual notice of its contents by filing or causing to be filed a petition for dissolution, legal separation or annulment. The petitioner shall cause a copy of the preliminary injunction to be served on the respondent with a copy of the summons and petition for dissolution, legal separation or annulment. D. The preliminary injunction has the force and effect of an order of the superior court signed by a judge and is enforceable by all remedies made available by law, including contempt of court. E. In a proceeding for dissolution of marriage, for legal separation, for annulment or for maintenance or support following dissolution of the marriage by a court that lacked personal jurisdiction over the absent spouse, either party may move for an order for equal possession of the liquid assets of the marital property, temporary maintenance or temporary support of a child, natural or adopted, common to the parties entitled to support. The court shall provide for an order for equal possession of the liquid assets of the marital property that existed as of the date the petition for dissolution or legal separation or annulment was served, unless the court finds that there is good cause not to divide those assets. The court's division of liquid assets held by financial institutions does not invalidate applicable law or any provision of an account agreement that assesses penalties against the account holder for premature or unscheduled withdrawals of account funds. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amounts requested and, if appropriate, the liquid assets of the parties. An order for equal possession of the liquid assets of the marital property does not prejudice any final division of the marital community. This subsection does not eliminate the application of the preliminary injunction. F. A person who disobeys or resists an injunction issued pursuant to subsection A, paragraph 1, subdivision (b) of this section is subject to arrest and prosecution for interference with judicial proceedings pursuant to section 13-2810 and the following procedures apply: 1. Any party may cause a certified copy of the injunction and return of service on the other party to be registered with the sheriff having jurisdiction of the area in which the party resides. The party originally registering the injunction shall register any changes or modifications of the injunction with the sheriff. For enforcement by arrest and prosecution for interference with judicial proceedings, a certified copy of the injunction, whether or not registered with the sheriff, is presumed to be a valid existing order of the court until a final decree of dissolution, legal separation or annulment is entered or the action for dissolution or legal separation is dismissed. 2. A peace officer, with or without a warrant, may arrest a person if the peace officer has probable cause to believe that an offense under this subsection has been committed and has probable cause to believe that the person to be arrested has committed the offense, whether the offense is a felony or a misdemeanor and whether such offense was committed within or without the presence of the peace officer. The release procedures available under section 13-3883, subsection A, paragraph 4 and section 13-3903 do not apply to arrests made pursuant to this subsection. 3. A peace officer making an arrest pursuant to this subsection is not civilly or criminally liable for the arrest if the officer acts on probable cause and without malice. 4. A person who is arrested pursuant to this subsection may be released from custody in accordance with the rules of criminal procedure or other applicable statute. An order for release, with or without an appearance bond, shall include pretrial release conditions necessary to provide for the protection of the alleged victim and other specifically designated persons and may provide additional conditions that the court deems appropriate, including participation in any counseling programs available to the defendant. 25-316. Temporary orders; definition A. In a proceeding for dissolution of marriage, legal separation or annulment or for maintenance or support following a dissolution of marriage by a court that lacked personal jurisdiction over an absent spouse, either party may move for temporary orders seeking any of the following: 1. An order for equal possession of the liquid assets of the marital property. 2. Temporary spousal maintenance. 3. Temporary legal decision-making and parenting time of a child common to the parties. 4. Temporary support of a child, natural or adopted, common to the parties entitled to support. 5. Exclusive use and possession of the family home or the home of the moving party. 6. Exclusive use and possession of other property of the parties. 7. An interim award of attorney fees and costs. 8. Other relief deemed necessary pending final resolution of the issues of the parties. B. A party who seeks an order for equal possession of liquid assets shall file a motion that is accompanied by an affidavit setting forth the factual basis for the motion, the amounts requested and, if appropriate, the liquid assets of the parties. If granted, the court shall provide an order for equal possession of the liquid assets of the marital property that existed as of the date the petition for dissolution, legal separation or annulment was served, unless the court finds that there is good cause not to divide those assets. The court's division of liquid assets held by financial institutions does not invalidate applicable law or any provision of an account agreement that assesses penalties against the account holder for premature or unscheduled withdrawals of account monies. An order for equal possession of the liquid assets of the marital property does not prejudice any final division of the marital community. This subsection does not eliminate the application of the preliminary injunction. C. The court may issue a temporary order without requiring notice to the other party only if it finds, on the basis of the moving affidavit or other evidence, that irreparable injury will result to the moving party or a minor child of the parties if an order is not issued until the time for responding has elapsed. A bond is not required unless the court deems it appropriate. D. A temporary order: 1. Does not prejudice the rights of the parties or of any child that are to be adjudicated at subsequent hearings in the proceedings. 2. May be revoked or modified before the final decree. 3. That provided for equal possession of the liquid assets of the marital property does not prejudice either party's claim for temporary maintenance, child support or attorney fees. 4. Terminates when the final decree is entered or when the petition for dissolution, legal separation or annulment is dismissed. E. For the purposes of this section, "liquid assets" includes: 1. Cash. 2. Traveler's checks. 3. Nonretirement funds in financial institutions. 4. Lottery winnings. 5. Cryptocurrency. 6. Coins and precious metals. 25-317. Separation agreement; effect A. To promote amicable settlement of disputes between parties to a marriage attendant on their separation or annulment or the dissolution of their marriage, the parties may enter into a written separation agreement containing provisions for disposition of any property owned by either of them, maintenance of either of them, and support, legal decision-making and parenting time of their children. A separation agreement may provide that its maintenance terms shall not be modified. B. In a proceeding for dissolution of marriage, for annulment or for legal separation, the terms of the separation agreement, except those providing for the support, legal decision-making and parenting time of children, are binding on the court unless it finds, after considering the economic circumstances of the parties and any other relevant evidence produced by the parties, on their own motion or on request of the court, that the separation agreement is unfair. C. If the court finds the separation agreement unfair as to disposition of property or maintenance, it may request the parties to submit a revised separation agreement or may make orders for the disposition of property or maintenance. D. If the court finds that the separation agreement is not unfair as to disposition of property or maintenance and that it is reasonable as to support, legal decision-making and parenting time of children, the separation agreement shall be set forth or incorporated by reference in the decree of dissolution, annulment or legal separation and the parties shall be ordered to perform them. If the separation agreement provides that its terms shall not be set forth in the decree, the decree shall identify the separation agreement as incorporated by reference and state that the court has found the terms as to property disposition and maintenance not unfair and the terms as to support, legal decision-making and parenting time of children reasonable. E. Terms of the agreement set forth or incorporated by reference in the decree are enforceable by all remedies available for enforcement of a judgment, including contempt. F. Except for terms concerning the maintenance of either party and the support, legal decision-making or parenting time of children, entry of the decree shall thereafter preclude the modification of the terms of the decree and the property settlement agreement, if any, set forth or incorporated by reference. G. Notwithstanding subsection F of this section, entry of a decree that sets forth or incorporates by reference a separation agreement that provides that its maintenance terms shall not be modified prevents the court from exercising jurisdiction to modify the decree and the separation agreement regarding maintenance, including a decree entered before July 20, 1996. 25-318. Disposition of property; retroactivity; notice to creditors; assignment of debts; contempt of court A. In a proceeding for dissolution of marriage, for annulment or for legal separation, or in a proceeding for disposition of property following dissolution of the marriage by a court that previously lacked personal jurisdiction over the absent spouse or previously lacked jurisdiction to dispose of the property, the court shall assign each spouse's sole and separate property to such spouse. Except as provided in section 25-318.02, the court shall also divide the community, joint tenancy and other property held in common equitably, though not necessarily in kind, without regard to marital misconduct. For the purposes of this section only, property acquired by either spouse outside this state shall be deemed to be community property if the property would have been community property if acquired in this state. B. In dividing property, the court may consider all debts and obligations that are related to the property, including accrued or accruing taxes that would become due on the receipt, sale or other disposition of the property. The court may also consider the exempt status of particular property pursuant to title 33, chapter 8. C. This section does not prevent the court from considering all actual damages and judgments from conduct that resulted in criminal conviction of either spouse in which the other spouse or a child was the victim or excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common. D. The community, joint tenancy and other property held in common for which no provision is made in the decree shall be from the date of the decree held by the parties as tenants in common, each possessed of an undivided one-half interest. E. The court may impress a lien on the separate property of either party or the marital property awarded to either party in order to secure the payment of: 1. Any interest or equity the other party has in or to the property. 2. Community debts that the court has ordered to be paid by the parties. 3. An allowance for child support or spousal maintenance, or both. 4. All actual damages and judgments from conduct that resulted in criminal conviction of either spouse in which the other spouse or a child was the victim. F. The decree or judgment shall specifically describe by legal description any real property affected and shall specifically describe any other property affected. G. This section applies through both prospective and retrospective operation to property without regard to the date of acquisition. H. In all actions for dissolution of marriage, annulment or legal separation, the court shall require the following statement in the materials provided to the petitioner and to be served on the respondent: Notice In your property settlement agreement or decree of dissolution, annulment or legal separation, the court may assign responsibility for certain community debts to one spouse or the other. Please be aware that a court order that does this is binding on the spouses only and does not necessarily relieve either of you from your responsibility for these community debts. These debts are matters of contract between both of you and your creditors (such as banks, credit unions, credit card issuers, finance companies, utility companies, medical providers and retailers). Since your creditors are not parties to this court case, they are not bound by court orders or any agreements you and your spouse reach in this case. On request, the court may impose a lien against the separate property of a spouse to secure payment of debts that the court orders that spouse to pay. You may want to contact your creditors to discuss your debts as well as the possible effects of your court case on your debts. To assist you in identifying your creditors, you may obtain a copy of your spouse's credit report by making a written request to the court for an order requiring a credit reporting agency to release the report to you. Within thirty days after receipt of a request from a spouse who is party to a dissolution of marriage or legal separation action, which includes the court and case number of the action, creditors are required by law to provide information as to the balance and account status of any debts for which the requesting spouse may be liable to the creditor. You may wish to use the following form, or one that is similar, to contact your creditors: Creditor notification Date: ___________________________________ Creditor name and Address: ________________________________ _________________________________________ _________________________________________ Within thirty days after receipt of this notice, you are requested to provide the balance and account status of any debt identified by account number for which the requesting party may be liable to you. Name: ___________________________________ Address: ________________________________ _________________________________________ _________________________________________ _________________________________________ (signature) _________________________________________ (printed name) I. On the written request of any party to a pending dissolution of marriage, annulment or legal separation action, the court, except for good cause shown, shall issue an order requiring any credit reporting agency to release the credit report as to the spouse of the requesting party on payment by the requesting party of any customary fee for providing the credit report. J. On the request of either party and except for good cause shown, the court shall require the parties to submit a debt distribution plan that states the following: 1. How community creditors will be paid. 2. Whether any agreements have been entered into between the parties as to responsibility for the payment of community debts, including what, if any, collateral will secure the payment of the debt. 3. Whether the parties have entered into agreements with creditors through which a community debt will be the sole responsibility of one party. K. The following form may be used to verify agreements with creditors: Agreement with creditor The parties to this agreement include __________________ and ______________________ who are parties to a dissolution of marriage action filed in ________________ county superior court, Arizona, case number _______________ and ______________ who is a duly authorized representative of __________________ (creditor). The undersigned parties agree that the debt owed by the parties to ___________________ (creditor) is to be disposed of as follows (check one): ___ The debt is the joint responsibility of the parties, with payment to be made on the following terms: ______________________________________________________ ______________________________________________________________ ______________________________________________________________ ___ The balance of the debt is the sole responsibility of ________________________ and the creditor releases ___________________ from any further liability for that debt, with payment to be made on the following terms: ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ___ The debt has been paid in full as of this date. We the undersigned acknowledge this agreement. Dated: _______________________________________ ______________________________ _____________________________ Debtor Debtor _________________________________ Creditor’s representative Subscribed and sworn to before me this _____ day of ________, _____. ________________________________ Notary Public L. If the parties are not able to agree to a joint debt distribution plan pursuant to subsection J of this section, the court may order each party to submit a proposed debt distribution plan to the court. In its orders relating to the division of property, the court shall reflect the debt distribution plan approved by the court and shall confirm that any community debts that are made the sole responsibility of one of the parties by agreement with a creditor are the sole responsibility of that party. M. An agreement with a creditor pursuant to subsection K of this section that assigns or otherwise modifies repayment responsibility for community debts secured by real property located in this state shall include all of the following: 1. A legal description of the real property. 2. A copy of the note and recorded security instrument, the repayment of which is to be assigned or modified by the agreement with a creditor. 3. A written and notarized acknowledgment that is executed by all parties to the debt, including the lender, and that states one of the following: (a) The terms for the repayment of the debt remain unchanged. (b) The terms for the repayment of the debt have been modified and, beginning on the date of the execution of the acknowledgment, the creditor has agreed that one of the debtors assumes the sole responsibility for the debt and that the other debtor is released from any further liability on the debt. (c) The debt is paid in full and all parties to the debt are released from any further liability. N. An agreement executed pursuant to subsection M of this section shall be recorded by either party in the county in which the real property is located. O. After an agreement is recorded pursuant to subsection N of this section, either party may request that on payment of the title company's fees for the document a title company authorized to do business in this state provide the requesting party with a lien search report or other documentary evidence of liens and other agreements of record in the title to the property. P. If a party fails to comply with an order to pay debts, the court may enter orders transferring property of that spouse to compensate the other party. If the court finds that a party is in contempt as to an order to pay community debts, the court may impose appropriate sanctions under the law. A party must bring an action to enforce an order to pay a debt pursuant to this subsection within two years after the date in which the debt should have been paid in full. Q. Within thirty days after receipt of a written request for information from a spouse who is a party to a dissolution of marriage or legal separation action, which includes the court and case number of the action, a creditor shall provide the balance and account status of any debts of either or both spouses identified by account number for which the requesting spouse may be liable to the creditor. R. If any part of the court's division of joint, common or community property is in the nature of child support or spousal maintenance, the court shall make specific findings of fact and supporting conclusions of law in its decree. 25-318.01. Military retirement benefits; disability related waiver In making a disposition of property pursuant to section 25-318 or 25-327, a court shall not do any of the following: 1. Consider any federal disability benefits awarded to a veteran for service-connected disabilities pursuant to 10 United States Code section 1413a or 38 United States Code chapter 11. 2. Indemnify the veteran's spouse or former spouse for any prejudgment or postjudgment waiver or reduction in military retired or retainer pay related to receipt of the disability benefits. 3. Award any other income or property of the veteran to the veteran's spouse or former spouse for any prejudgment or postjudgment waiver or reduction in military retired or retainer pay related to receipt of the disability benefits. 25-318.02. Convicted spouse; award of community property; definition A. In an action described in section 25-318, subsection A, the court shall not award any community property to a convicted spouse. B. If one spouse is required to make ongoing installment payments to a convicted spouse pursuant to a division of property as described in section 25-318, the spouse making the installment payments may petition the court to modify or cancel that ongoing payment. C. For the purposes of this section, "convicted spouse" means a person who is convicted of an offense and who is sentenced to at least eighty years in prison or to life in prison, with or without the possibility of parole. 25-318.03. Human embryos; disposition; responsibility for resulting child; definitions A. If an action described in section 25-318, subsection A involves the disposition of in vitro human embryos, the court shall: 1. Award the in vitro human embryos to the spouse who intends to allow the in vitro human embryos to develop to birth. 2. If both spouses intend to allow the in vitro human embryos to develop to birth and both spouses provided their gametes for the in vitro human embryos, resolve any dispute on disposition of the in vitro human embryos in a manner that provides the best chance for the in vitro human embryos to develop to birth. 3. If both spouses intend to allow the in vitro human embryos to develop to birth but only one spouse provided gametes for the in vitro human embryos, award the in vitro human embryos to the spouse that provided gametes for the in vitro human embryos. B. If an agreement between the spouses concerning the disposition of the in vitro human embryos is brought before the court in an action described in section 25-318, subsection A, the court shall award the in vitro human embryos as prescribed in subsection A of this section. C. The spouse that is not awarded the in vitro human embryos has no parental responsibilities and no right, obligation or interest with respect to any child resulting from the disputed in vitro human embryos, unless the spouse provided gametes for the in vitro human embryos and consents in writing to be a parent to any resulting child as part of the proceedings concerning the disposition of the in vitro human embryos. D. If the spouse who is not awarded the in vitro human embryos does not consent to being a parent as provided in subsection C of this section, any resulting child from the disputed in vitro human embryos is not a child of the spouse and has no right, obligation or interest with respect to the spouse. E. A spouse who provided gametes for the in vitro human embryos and who does not consent to being a parent as provided in subsection C of this section shall provide the spouse awarded the in vitro human embryos as provided in subsection A of this section with detailed written nonidentifying information that includes the health and genetic history of the spouse and the spouse's family in a document that is separate from a document containing identifying information. F. For the purposes of this section: 1. "Gamete" means a sperm or ovum. 2. "Human embryo" has the same meaning prescribed in section 36-2311. 3. "In vitro" has the same meaning prescribed in section 36-2311. 25-319. Maintenance; guidelines; 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 maintenance order for either spouse for any of the following reasons if it finds that the spouse seeking maintenance: 1. Lacks sufficient property, including property apportioned to the spouse, to provide for that spouse's reasonable needs. 2. Lacks earning ability in the labor market that is adequate to be self-sufficient. 3. Is the parent of a child whose age or condition is such that the parent should not be required to seek employment outside the home. 4. Has made a significant financial or other contribution to the education, training, vocational skills, career or earning ability of the other spouse or has significantly reduced that spouse's income or career opportunities for the benefit of the other spouse. 5. Had a marriage of long duration and is of an age that may preclude the possibility of gaining employment adequate to be self-sufficient. B. The supreme court shall establish guidelines for determining and awarding spousal maintenance. The court may award spousal maintenance pursuant to the guidelines only for a period of time and in an amount necessary to enable the receiving spouse to become self-sufficient. The amount of spousal maintenance resulting from the application of the guidelines shall be the amount of spousal maintenance ordered by the court, unless the court finds in writing that applying the guidelines would be inappropriate or unjust. The supreme court shall base the guidelines and criteria for deviation from the guidelines on the following relevant factors listed in paragraphs 1 through 13 of this subsection and considered together and weighed in conjunction with each other: 1. The standard of living established during the marriage. 2. The duration of the marriage. 3. The age, employment history, earning ability and physical and emotional condition of the spouse seeking maintenance. 4. The ability of the spouse from whom maintenance is sought to meet that spouse's needs while meeting those of the spouse seeking maintenance. 5. The comparative financial resources of the spouses, including their comparative earning abilities in the labor market. 6. The contribution of the spouse seeking maintenance to the earning ability of the other spouse. 7. The extent to which the spouse seeking maintenance has reduced that spouse's income or career opportunities for the benefit of the other spouse. 8. The ability of both parties after the dissolution to contribute to the future educational costs of their mutual children. 9. The financial resources of the party seeking maintenance, including marital property apportioned to that spouse, and that spouse's ability to meet that spouse's own needs independently. 10. The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment and whether such education or training is readily available. 11. Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common. 12. The cost for the spouse who is seeking maintenance to obtain health insurance and the reduction in the cost of health insurance for the spouse from whom maintenance is sought if the spouse from whom maintenance is sought is able to convert family health insurance to employee health insurance after the marriage is dissolved. 13. All actual damages and judgments from conduct that resulted in criminal conviction of either spouse in which the other spouse or a child was the victim. C. A maintenance order shall be made without regard to marital misconduct. D. If both parties agree, the maintenance order and a decree of dissolution of marriage or of legal separation may state that its maintenance terms shall not be modified. E. Except as provided in subsection D of this section or section 25-317, subsection G, the court shall maintain continuing jurisdiction over the issue of maintenance for the period of time maintenance is awarded. 25-320. Child support; factors; methods of payment; additional enforcement provisions; definitions 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 reasonable and necessary for support of the child, without regard to marital misconduct. B. If child support has not been ordered by a child support order and if the court deems child support appropriate, the court shall direct, using a retroactive application of the child support guidelines to the date of filing a dissolution of marriage, legal separation, maintenance or child support proceeding, the amount that the parents shall pay for the past support of the child and the manner in which payment shall be paid, taking into account any amount of temporary or voluntary support that has been paid. Retroactive child support is enforceable in any manner provided by law. C. If the parties lived apart before the date of the filing for dissolution of marriage, legal separation, maintenance or child support and if child support has not been ordered by a child support order, the court may order child support retroactively to the date of separation, but not more than three years before the date of the filing for dissolution of marriage, legal separation, maintenance or child support. The court must first consider all relevant circumstances, including the conduct or motivation of the parties in that filing and the diligence with which service of process was attempted on the obligor spouse or was frustrated by the obligor spouse. If the court determines that child support is appropriate, the court shall direct, using a retroactive application of the child support guidelines, the amount that the parents must pay for the past support of the child and the manner in which payments must be paid, taking into account any amount of temporary or voluntary support that has been paid. D. The supreme court shall establish guidelines for determining the amount of child support. The amount resulting from the application of these guidelines is the amount of child support ordered unless a written finding is made, based on criteria approved by the supreme court, that application of the guidelines would be inappropriate or unjust in a particular case. The supreme court shall review the guidelines at least once every four years to ensure that their application results in the determination of appropriate child support amounts. The supreme court shall base the guidelines and criteria for deviation from them on all relevant factors, considered together and weighed in conjunction with each other, including: 1. The financial resources and needs of the child. 2. The financial resources and needs of the custodial parent. 3. The standard of living the child would have enjoyed if the child lived in an intact home with both parents to the extent it is economically feasible considering the resources of each parent and each parent's need to maintain a home and to provide support for the child when the child is with that parent. 4. The physical and emotional condition of the child, and the child's educational needs. 5. The financial resources and needs of the noncustodial parent. 6. The medical support plan for the child. The plan should include the child's medical support needs, the availability of medical insurance or services provided by the Arizona health care cost containment system and whether a cash medical support order is necessary. 7. Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common. 8. The duration of parenting time and related expenses. E. Even if a child is over the age of majority when a petition is filed or at the time of the final decree, the court may order support to continue past the age of majority if all of the following are true: 1. The court has considered the factors prescribed in subsection D of this section. 2. The child has severe mental or physical disabilities as demonstrated by the fact that the child is unable to live independently and be self-supporting. 3. The child's disability began before the child reached the age of majority. F. If a child reaches the age of majority while the child is attending high school or a certified high school equivalency program, support shall continue to be provided during the period in which the child is actually attending high school or the equivalency program but only until the child reaches nineteen years of age unless the court enters an order pursuant to subsection E of this section. Notwithstanding any other law, a parent paying support for a child over the age of majority pursuant to this section is entitled to obtain all records related to the attendance of the child in the high school or equivalency program. G. If a personal check for support payments and handling fees is rightfully dishonored by the payor bank or other drawee, the person obligated to pay support shall make any subsequent support payments and handling fees only by cash, money order, cashier's check, traveler's check or certified check. If a person required to pay support other than by personal check demonstrates full and timely payment for twenty-four consecutive months, that person may pay support by personal check if these payments are for the full amount, are timely tendered and are not rightfully dishonored by the payor bank or other drawee. H. Subsection G of this section does not apply to payments made by means of an assignment. I. If after reasonable efforts to locate the obligee the clerk or support payment clearinghouse is unable to deliver payments for the period prescribed in section 25-503 due to the failure of the person to whom the support has been ordered to be paid to notify the clerk or support payment clearinghouse of a change in address, the clerk or support payment clearinghouse shall not deliver further payments and shall return the payments to the obligor consistent with the requirements of section 25-503. J. An order for child support shall assign responsibility for providing medical insurance for the child who is the subject of the support order to one of the parents and shall assign responsibility for the payment of any medical costs of the child that are not covered by insurance according to the child support guidelines. Each parent shall provide information to the court regarding the availability of medical insurance for the child that is accessible and available at a reasonable cost. In title IV-D cases, the parent responsible pursuant to court order for providing medical insurance for the child shall notify the child support enforcement agency in the department of economic security if medical insurance has been obtained or if the child is no longer covered under an insurance plan. K. If the court finds that neither parent has the ability to obtain medical insurance for the child that is accessible and available at a reasonable cost, the court shall: 1. In a title IV-D case, in accordance with established title IV-D criteria, establish a reasonable monthly cash medical support order to be paid by the obligor. If medical assistance is being provided to a child under title XIX of the social security act, cash medical support is assigned to the state pursuant to section 46-407. On verification that the obligor has obtained private insurance, the cash medical support order terminates by operation of law on the first day of the month after the policy's effective date or on the date the court, or the department in a title IV-D case, is notified that insurance has been obtained, whichever is later. If the private insurance terminates, the cash medical support order automatically resumes by operation of law on the first day of the month following the termination date of the policy. 2. Order one parent to provide medical insurance when it becomes accessible and available at a reasonable cost. 3. Order that medical costs in excess of the cash medical support amount shall be paid by each parent according to the percentage assigned for payment of uninsured costs. L. In a title IV-D case, if the court orders the noncustodial parent to obtain medical insurance the court shall also set an alternative cash medical support order to be paid by that parent if the child is not covered under an insurance plan within ninety days after entry of the order or if the child is no longer covered by insurance. The court shall not order the custodial parent to pay cash medical support. M. In title IV-D cases the superior court shall accept for filing any documents that are received through electronic transmission if the electronically reproduced document states that the copy used for the electronic transmission was certified before it was electronically transmitted. N. The court shall presume, in the absence of contrary testimony, that a parent is capable of full-time employment at least at the applicable state or federal adult minimum wage, whichever is higher. This presumption does not apply to noncustodial parents who are under eighteen years of age and who are attending high school. O. An order for support shall provide for an assignment pursuant to sections 25-504 and 25-323. P. Each licensing board or agency that issues professional, recreational or occupational licenses or certificates shall record on the application the social security number of the applicant and shall enter this information in its database in order to aid the department of economic security in locating parents or their assets or to enforce child support orders. This subsection does not apply to a license that is issued pursuant to title 17 and that is not issued by an automated drawing system. If a licensing board or agency allows an applicant to use a number other than the social security number on the face of the license or certificate while the licensing board or agency keeps the social security number on file, the licensing board or agency shall advise an applicant of this fact. Q. The factors prescribed pursuant to subsection D of this section are stated for direction to the supreme court. Except pursuant to subsection E of this section and sections 25-501 and 25-809, the superior court shall not consider the factors when making child support orders, independent of the child support guidelines. R. For the purposes of this section: 1. "Accessible" means that insurance is available in the geographic region where the child resides. 2. "Child support guidelines" means the child support guidelines that are adopted by the state supreme court pursuant to 42 United States Code sections 651 through 669B. 3. "Date of separation" means the date the married parents ceased to cohabit. 4. "Reasonable cost" means an amount that does not exceed the higher of five per cent of the gross income of the obligated parent or an income-based numeric standard that is prescribed in the child support guidelines. 5. "Support" has the same meaning prescribed in section 25-500. 6. "Support payments" means the amount of money ordered by the court to be paid for the support of the minor child or children. 25-320.02. Self-employed parent; tax practitioner; definition A. On request of either parent or on the court's own motion, before the court enters an order for child support pursuant to section 25-320, the court may order both parents to meet with a federally authorized tax practitioner if at least one of the parents is self-employed. The federally authorized tax practitioner shall review the accuracy of the self-employed parent's records and submit a written report to the court to help it determine the child support obligation. B. Each parent may submit to the court the names of not more than two federally authorized tax practitioners. If the parents cannot agree on a federally authorized tax practitioner to conduct the review, the court shall make this choice from a list of names submitted by the parents. C. The court shall determine which parent shall pay for the cost of the federally authorized tax practitioner or determine each parent's share of this cost. D. For the purposes of this section, "federally authorized tax practitioner" has the same meaning prescribed in section 42-2069. 25-321. Representation of child by counsel; fees The court may appoint an attorney to represent the interests of a minor or dependent child with respect to the child's support, custody and parenting time. The court may enter an order for costs, fees and disbursements in favor of the child's attorney. The order may be made against either or both parents. 25-322. Payment of maintenance or support; records; disclosure A. Except as provided in section 46-441, the court shall order that maintenance or support payments be made to the support payment clearinghouse for remittance to the person entitled to receive the payments unless the parties agree otherwise. B. The clerk of the court or the support payment clearinghouse shall maintain records listing the amount of payments, the date payments are required to be made, the names and addresses of the parties affected by the order and the name and address of the employer or employers of the party ordered to pay support or spousal maintenance. C. Unless the court has ordered otherwise the parties affected by the order shall inform the clerk of the court or the support payment clearinghouse in writing on entry of the order of their residential address and within ten days of any change of address. A party ordered to pay support or maintenance shall also inform the clerk or the support payment clearinghouse in writing of the name and address of that person's employer or employers and within ten days of any change of employment. If a person fails to notify the clerk of the court or the support payment clearinghouse of a change in residential address or employment the court may hold the person in contempt of court. D. If the person obligated to pay support has left or is beyond the jurisdiction of the court, any party may institute any other proceeding available under the laws of this state for enforcement of the duties of support and maintenance. E. On application by any person entitled to receive child support or spousal maintenance and for good cause shown, the superior court may direct an agency or officer of this state to disclose information and documents in the agency's or officer's possession that may assist the applicant or the court to determine the obligor's income, residence, place of employment, assets and debts, except that the residence and place of employment shall not be disclosed if the court finds the obligor has been the victim of domestic violence. 25-323. Assignments A. Pursuant to the requirements of section 25-504, in any proceeding in which the court orders a person to pay support as defined in section 25-500 the court shall, and in any proceeding in which the court orders a person to pay spousal maintenance the court may, assign to the person or agency entitled to receive the support or spousal maintenance that portion of that person's earnings, income, entitlements or other monies without regard to source as necessary to pay the amount ordered by the court. B. The court may also issue an ex parte order of assignment pursuant to section 25-504 for support as defined in section 25-500, spousal maintenance or arrearages of or interest on a judgment for spousal maintenance. C. The court may terminate or adjust orders of assignment pursuant to section 25-504. 25-323.03. Forms; alternative forms A. The petition or request for assignment, order for assignment, notices to obligor and employer, request for hearing and motion to quash or request to stop or modify the order of assignment shall be on forms prescribed by the supreme court and shall be furnished by the clerk of the superior court as required by law or on request of any obligor, payee or employer. B. Any party to a proceeding for assignment may use documents other than those provided pursuant to this section if the documents are substantially similar to those prescribed by the supreme court pursuant to this section. 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 party for the costs and expenses of maintaining or defending any proceeding under this chapter or chapter 4, article 1 of this title. On request of a party or another court of competent jurisdiction, the court shall make specific findings concerning the portions of any award of fees and expenses that are based on consideration of financial resources and that are based on consideration of reasonableness of positions. The court may make these findings before, during or after the issuance of a fee award. B. If the court determines that a party filed a petition under one of the following circumstances, the court shall award reasonable costs and attorney fees to the other party: 1. The petition was not filed in good faith. 2. The petition was not grounded in fact or based on law. 3. The petition was filed for an improper purpose, such as to harass the other party, to cause an unnecessary delay or to increase the cost of litigation to the other party. C. For the purpose of this section, costs and expenses may include attorney fees, depos