Family Law Research Guide


General Resources

Divorce

Child Custody and Child Support

 
SCOPE
This research guide is for individuals seeking information on Arizona family law, and is primarily focused on issues related to divorce and parenting. The guide includes both primary and secondary sources, including links to Arizona courts and government agencies. The call numbers on this page link to Ross-Blakley Library catalog records, which provide information about location and availability of items in the library collection.
 

GENERAL RESOURCES

Statutes
Marital and Domestic Relations laws are in Title 25 of the Arizona Revised Statutes, Annotated. The statutes are available in print in the law library in the following locations:
  • Arizona Reference Collection (1st floor reading room)
  • Law Core (1st floor reading room)
  • State Collection, Arizona section, KFA2430.5.M52 (3rd floor)
  • Reserve Collection (available by asking access services staff at the main desk)
The statutes are also available without annotations online at the website of the Arizona Legislature. 
 
LexisNexis Academic: Remote access is available for law faculty and students via the recommended databases section of the law library's Research Now page.  For visitors in the library, LexisNexis Academic is available on the computers inside the reading room. To find Arizona statutes, first go to the left-hand side of LexisNexis Academic’s home page and click on “US Legal.”  From that point, choose “State Statutes, Codes & Regulations” and select Arizona as the appropriate state.  Enter search terms and click “Search.”  
 

Westlaw Patron Access:  To access this portal, you must use the computers provided in the library for the general public.  On Westlaw, there are several different options for finding applicable statutes.  To search for Arizona statutes, type in “AZ-ST-ANN” in the search for a database box, and you will be taken to the database for Arizona statutes. You can search for applicable statutes by using the “statutes index” link at the top of the page, or you can also search by using the “Table of Contents” link at the top of the page and going to Title 25.

 Court Rules
The Arizona Rules of Family Law Procedure govern the procedure in the Superior Court of Arizona in all family law cases arising out of Title 25 of the Arizona Revised Statutes.
 
Arizona Rules of Court, State
This text contains all major Arizona state court rules, Arizona child support guidelines, and the Local Rules of Practice of Superior Courts, including Coconino, Maricopa, and Pima counties.
Law Arizona Reference KFA2430 1956 .A2 State Rules 

Arizona Rules of Court, Federal 
This text includes the Federal Rules of Civil Procedure, Evidence, and Appellate Procedure, Local Rules of the U.S. Court of Appeals for the Ninth Circuit, and local rules of the U.S. district and bankruptcy courts of Arizona.
Law Arizona Reference KFA2430 1956 .A2 Fed. Rules 

Westlaw provides online access to the Arizona Rules of Court on its Arizona Court Rules Forum. 

Visitors to the library can also access and search the Arizona Rules of Court, Annotated on LexisNexis Academic using the computers inside the reading room.  
Cases
West’s Arizona Digest 2d. Volumes 11 and 12 cover Divorce.  Volume 4 covers Child Support and Child Custody. Be sure to check the pocket part to find the most recent cases. Law Arizona Reference/Core KFA2457 .A7 1991 

LexisNexis Academic: Remote access is available for law faculty and students via the recommended databases section of the law library's Research Now page. There are several different ways to find Arizona cases. First, by following the instructions detailed above to find Arizona statutes, simply clicking on the case links provided in the annotations will take you directly to the cited cases. Second, you can also find cases by clicking on the “US Legal/Federal & State Cases” link on the left-hand side of the home-page, specifying “Arizona” as the jurisdiction, and searching by keyword. 

Westlaw Patron Access: To access this portal, you must use the computers provided in the library for the general public. You can search for cases by using Westlaw’s key number digest. After accessing the digest, you can search for a key number by using the Search for Key Numbers box or you can browse the key numbers by clicking on West Key Number Digest Outline. Make sure you select Arizona State as the appropriate jurisdiction. Another way to search for cases is by searching for “Arizona state cases” in the search for a database box.  For additional assistance with searching cases, please consult a law librarian.  
Court Resources
The Maricopa County Superior Court offers many resources on its Family Court website. 
  • Divorce Proceedings: this webpage gives an overview of how to pursue a divorce decree in the Arizona Superior Court, and provides links to instructions and necessary forms. 
    • To start the divorce process when no minor children are involved – instructions and forms
    • To start the divorce process when minor children are involved – instructions and forms
    • Pre-Decree Frequently Asked Questions concerning divorce and child custody/support:  This webpage answers common questions concerning the pursuit of a divorce in Superior Court, including how to start the divorce process, how to prepare for trial, how child custody and child support are determined, and how to establish spousal maintenance.
    • Post-Decree Frequently Asked Questions concerning divorce and child custody/support: This webpage answers common questions that arise after a divorce decree has been made, including how to modify a child custody order, how to modify child support payments, how to enforce a court order, how to establish paternity, and how to apply for Title IV-D (child support enforcement program) services.
  • Family Court Forms: forms for filing with the Superior Court to get a court order, enforce a court order, and modify a court order, as well as forms for other requests such as asking for mediation or conciliation services.
  • e-Court: e-Court is the Superior Court of Arizona’s portal for preparing court documents online. The website contains interactive interviews (questionnaires) that aid in completing the necessary forms to create court documents for Legal Separation, Dissolution of Marriage, Conciliation, and more. It also provides a Child Support Calculator as well as offers a template for creating a Parenting Plan.
  •  Superior Court Self-Service Center locations
  • Family Resources: the Resources webpage provides a list of community-based resources and court services for individuals going through a divorce and their children, including counseling (marriage, divorce, youth, and financial), support groups, mediation and arbitration, and parenting skills classes.
The Arizona Supreme Court also offers information and resources on its Family Law website.
  • Child support frequently asked questions: information concerning the establishment, payment, enforcement, modification, and termination of child support.
  • Arizona Child Support Guidelines: The Arizona Child Support Guidelines were adopted by the Arizona Supreme Court for actions effective January 1, 2005. The Guidelines are meant to establish a standard of support for children consistent with the children’s needs and the ability of parents to pay, and to give parents and courts guidance in establishing child support orders.
  • Child Support Calculator: information about calculating a child support order.
  • Covenant Marriage: information concerning covenant marriage and how to obtain a legal separation or divorce for those in a covenant marriage.
  • Family Counseling services: information about family counseling services available through the Arizona juvenile courts.
  • Planning for Parenting Time: an informational guide designed to help parents reach agreements about parenting time.
Coconino County Superior Court, Family Court website  
Pima County Superior Court, Family Law Guide, Pima County Family Law Forms
Pinal County Superior Court, Family Court website
Yavapai County Superior Court, Family Law Forms
Yuma County Superior Court, Family Law website
 Agency Resources
Arizona Department of Economic Security provides information about payment of child support on its Child Support Enforcement program webpage. The Child Support Enforcement program collects child support from parents who are obligated to pay. It also administers a number of services to parents. Any person with custody of a child who needs assistance in establishing paternity, a child support or medical support order, or a parent who needs help enforcing a child support order, is eligible for services.
  • Frequently asked questions: this webpage answers questions relating to payment of child support, including how to establish a child support order, modify an order, transfer rights to child support, and pay child support. It also answers questions concerning enforcement of a child support order, such as how to establish an income withholding order, establish a tax intercept, and petition for a license suspension.
  • Forms: forms for requesting services, acknowledging paternity, waiving paternity, paying child support electronically, and more.
  • Informational pamphlets: informational pamphlets, available in both English and Spanish, including What Every Parent Should Know About Establishing Paternity, How to Apply for IV-D Child Support Services, A Custodial Parent's Guide to Case Closure, and Understanding the Disbursement of Your Child Support Payment.
  • Make a payment: child support can be paid online through this Department of Economic Security webpage.
Helpful Websites
The Cornell Legal Information Institute, a non-profit research and editorial group housed at the Cornell Law School, provides family law information for the 50 states on its Family Law webpage.

The State Bar of Arizona offers a Legal Resource Guide, which has a section on family law and offers guidance on how to hire and work with a lawyer.

NOLO Press, a publisher of do-it-yourself legal guides, offers legal information, provides legal forms and online services, and has a lawyer directory in its website.
Books
West’s Arizona Family Law and Rules
This text is a comprehensive resource of family law rules and regulations. It includes select Arizona Revised Statutes pertaining to Children (Title 8), Court and Civil Proceedings (Title 12), the Criminal Code (Title 13), Trusts, Estates and Protective Proceedings (Title 14), Marital and Domestic Relations (Title 25), Professions and Occupations (Title 32), Public Health and Safety (Title 36), State Government (Title 41), Taxation (Title 42), Trade and Commerce (Title 44), and Welfare (Title 46). It also has pertinent laws from the United States Code, the Arizona Rules of Protective Order Procedure, the Arizona Rules of Probate Procedure, the Rules of Procedure for the Juvenile Court, the Rules of Evidence for Courts in the State of Arizona, the Local Rules of Practice for Superior Courts, and the Rules of Procedure for Enforcement of Tribal Court Involuntary Commitment Orders.
Law Arizona Reference KFA2494.A29 F3

Arizona Legal Forms
Volume 4 of Arizona Legal Forms contains forms relating to domestic relations.
Law Arizona Reference   KFA2468 .75 1997 

Family Law in a Nutshell
By David D. Meyer
Family Law in a Nutshell is a compact, yet comprehensive, review of the many elements of family law. It covers the creation of marriage relationships, spousal rights and obligations, parent and child relationships, marriage termination, and the economic consequences of divorce.
Law Study Skills Collection KF505.Z9 K7 2007

Arizona Family Law Rules Handbook
By Mark W. Armstrong
The Arizona Family Law Rules Handbook is designed to provide Arizona attorneys and litigants with procedural case law concerning the Rules of Family Law Procedure and relevant civil rules. The text includes the full text of the rules and commentary by the Arizona Supreme Court’s Family Law Rules Committee.
Law Arizona Reference KFA2469 .A75

Arizona Family Law Practice
By Monica Donaldson, Victor A. Garnice, Thomas J. Griggs, and Carol A. Soderquist
Arizona Family Law Practice is written for practitioners in the field of family law, and was compiled to accompany a CLE presentation. It provides a family law update (with statutes, cases, and proposed changes to the Arizona Rules of Family Law Procedure), and covers such topics as handling a divorce case, child custody and support issues, ethical issues for family law attorneys, and the role of mediation in family law.
Law Arizona Reference KFA2494 .D653 2007
 

DIVORCE

Statutes
Selected Arizona statutes relating to the dissolution of marriage (divorce) are listed below:
ARS §25-312 Dissolution of marriage; findings necessary
ARS §25-903 Dissolution of a covenant marriage; grounds
ARS §25-313 Decree of legal separation; findings necessary
ARS §25-314 Pleadings; contents; defense; joinder of parties; confidentiality
ARS §25-320 Child support; factors; methods of payment; additional enforcement provisions; definitions 
ARS §25-322 Payment of maintenance or support; records; disclosure
ARS §25-323.03 Forms; alternative forms
ARS §25-327 Modification and termination of provisions for maintenance, support, and property disposition
 
Books
Spousal Maintenance Guidelines
Superior Court of Arizona, Maricopa County, Family Court Department
The Guidelines contain a mathematical formula for calculating spousal maintenance and are intended to provide the court and parties with a starting point for discussion, negotiation, and decision-making.
Law Arizona Reference KFA2500 .S652 2002

Self-Service Guide for Divorce Cases
Superior Court of Arizona
The Self-Service Guide for Divorce Cases is meant to provide individuals not represented by an attorney an understanding of the basic laws and procedures which must be followed in court. The text covers general procedures for divorce cases without children and divorce when children are involved.
Law Arizona Reference KFA2500 .S45 2006

Nolo's Essential Guide to Divorce
By Emily Doskow
The Nolo Essential Guide to Divorce offers self-help guidance for every stage of divorce, beginning with information on whether to get a divorce, legal separation, or annulment. It goes on to cover uncontested divorce, divorce mediation, contested divorce and trial, child custody, child support, division of property, spousal support and health insurance, marital settlement agreements, and post-divorce issues such as modifying spousal support and remarriage. The text also offers resources for finding financial advice, help with negotiations, and legal counsel.
Law Reserve KF535.Z9 D67 2006

Divorce Without Court: A Guide to Mediation and Collaborative Divorce
By Katherine E. Stoner
Divorce Without Court is a self-help guide to navigating a negotiated divorce, using divorce mediation or collaborative divorce. The text explains how mediation works, how collaborative divorce works, how to maximize opportunities for settlement, and how to find and use mediators and advisors. It includes contact information for state offices, mediation organizations, and other resources.
Law Reserve KF535.Z9 S76 2009

Fair Share Divorce for Women: the Definitive Guide to Creating a Winning Solution
By Kathleen Miller
Fair Share Divorce for Women, written by a financial planner, focuses on issues faced by women in divorce proceedings. The text provides case histories, charts, sample financial plans, and sample settlement agreements to illustrate both immediate and long-term economic issues that must be addressed by women when ending a marriage.
Law Treatises KF532.7 .54 2007 

Marriage Dissolution Practice
By Charles Marshall Smith and Irwin Cantor
Marriage Dissolution Practice, part of the Arizona Practice series, is written for Arizona family law practitioners and includes the latest case law and changes to applicable state and federal statutes. The text also includes updated court forms.
Law Arizona Reference KFA2469 .A75 

The Complete Guide to Divorce Practice: Forms and Procedures for the Lawyer
By George Lawrence Rice III
This text contains sample forms, letters, and contracts for the family law practitioner.   Samples are provided for areas including law office management, client interviews, client correspondence, complaints, discovery, motions, petitions, and marital dissolution agreements.
Law Treatises KF533 .R52 2005

Equitable Distribution in Divorce Settlements in Arizona: Valuation, Tax, and Other Issues
By Donald W. Lindholm, Thomas J. Novak, and Les S. Raatz
This text is written for practitioners in the field of family law, and was compiled to accompany a CLE presentation.    The materials cover ethical considerations in domestic relations cases, tax issues in divorce settlements, and obtaining settlements through negotiation and mediation.
Law Arizona Reference KFA2497 .Z9 L55 2000
 

CHILD CUSTODY AND CHILD SUPPORT

Statutes
Selected Arizona statutes relating to child custody and child support are listed below:
ARS §25-401 Jurisdiction; commencement of proceedings
ARS §25-403 Custody; best interests of child
ARS § 25-403.01 Sole and joint custody
ARS § 25-403.02 Parenting plans
ARS § 25-403.06 Parental access to records
ARS § 25-403.07 Identification of a primary caretaker and public assistance
ARS § 25-403.08 Resources and fees
ARS § 25-403.09 Child support
ARS § 25-408 Rights of noncustodial parent; parenting time; relocation of child; exception; enforcement
ARS §25-409 Visitation rights of grandparents and great-grandparents
ARS §25-411 Modification of custody decree; affidavit; contents; military families
 
ARS §25-501 Duties of support; exemption
ARS §25-502 Jurisdiction, venue and procedure; additional enforcement provisions
ARS §25-503 Order for support; methods of payment; modification; termination; statute of limitations; judgment on arrearages; notice; security
ARS §25-511 Failure to provide for child; classification
ARS §25-518 Child support arrearages; license suspension, hearing
 Helpful Websites
The Arizona Supreme Court has the Arizona Child Support Guidelines available online. The Arizona Child Support Guidelines were adopted by the Arizona Supreme Court for actions effective January 1, 2005. The Guidelines are meant to establish a standard of support for children consistent with the children’s needs and the ability of parents to pay, and to give parents and courts guidance in establishing child support orders.

The Arizona Supreme Court also offers an online Child Support Calculator, which provides information about calculating a child support order.
Books
Arizona Child Support Guidelines
Adopted by the Arizona Supreme Court
Law Arizona Reference KFA2504.8.A36 A74 2005 

Things You Should Know about Custody and Visitation
Arizona Supreme Court
This booklet, written in a question and answer format, provides parents with general information about child custody and visitation in domestic relations cases. It also explains what parents can expect when the court is involved in the process of planning for a child’ care. 
Law Arizona Docs Stacks SC 1.8: T 44 C 87

Your Right to Child Custody, Visitation, and Support
By Mary L. Boland
This electronic resource provides general information concerning child custody, visitation, and support. It offers information about how to pursue a custody or visitation case in court, as well as steps needed to modify, terminate, or appeal a custody or support order.   Appendix A provides a brief overview of child custody and support laws for each state, and Appendix B contains a number of sample fill-in forms.
Online access KF547 .Z9 B65 2004eb Online  (Remote access is available for law faculty and students. Access for library visitors is only available on the computers inside the reading room).

Handbook on Child Support Enforcement: Answers to Your Questions
Office of Child Support Enforcement
This federal publication is designed to help parents get the child support payments their children need. It offers how-to information concerning applying for services through the Child Support Enforcement program, finding a noncustodial parent, establishing paternity, and establishing a support order. The booklet also covers enforcement and distribution of child support awards, and includes a section on noncustodial parents’ rights and responsibilities.
Law Gov Docs Stacks HE 24.8:C 43/2008 

Child Custody and Co-Parenting in Arizona
By Lisa B. Johnson, Ronald J. Lavit, and Thomas J. Novak
This text is written for practitioners in the field of family law, and was compiled to accompany a CLE presentation.    It contains sections on the federal and international laws governing parental rights and responsibilities, alienation, custody, and ethical considerations.
Law Reserve KFA2504.6.A75 C45 2004


Updated 9/11
 
  

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