ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

Senate: JUD DP 8-0-0-0 | 3rd Read 28-0-2-0

House: JUD DP 8-0-0-2

SB 1383: dissolution of marriage; annulment

Sponsor: Senator Petersen, LD 12

Caucus & COW

Overview

Creates a mechanism for parties to terminate decrees of legal separation. Modifies the procedures that allow parties to file and respond jointly for dissolution of marriage and legal separation proceedings.

History

Following a party filing for dissolution of marriage, there is a mandatory waiting period of 60 days before which the parties cannot proceed with the divorce (A.R.S. § 25-329). The process for the dissolution of marriage involves the division of certain property and debts and in some cases, the court may order one spouse to pay spousal maintenance. If the parties have agreed upon a division of property and debts before the proceeding, the involved parties have the option to enter a consent decree. In proceedings involving children, the court may decide custody, parenting time and may order one spouse to pay child support (A.R.S. §§ 25-320, 25-322).

In lieu of a divorce, married couples may file for legal separation. Like dissolution of marriage proceedings, the petitioner must provide grounds, such as the marriage being irretrievably broken, before the court granting the request. Temporary orders for parenting time and child support may be instituted while spouses negotiate a separation agreement. Couples who are legally separated terminate their community property relationship while remaining married (A.R.S. § 25-313).

Provisions

Filing of Petitions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRequires proceedings for dissolution of marriage, annulment or legal separation to be filed in accordance with the Arizona rules of family law procedure. (Sec. 1)

2.   Repeals statute concerning initial pleading and decrees involving the dissolution of marriage or legal separation. (Sec. 1)

Dissolution of Marriage

3.   Directs the court to make a finding as to whether the marriage is irretrievably broken following both parties affirming that the marriage is irretrievably broken. (Sec. 1)

4.   Instructs the court to take specified actions, including holding a hearing to consider the possibility of reconciliation if one party denies the marriage is irretrievably broken. (Sec. 2)

5.   Specifies a finding that the marriage is irretrievably broken means there is no reasonable prospect of reconciliation. (Sec. 2)

 

 

 

Legal Separation

6.   Stipulates that if a final decree of legal separation has not been converted into a decree of dissolution of marriage, the parties have the option to terminate the decree of legal separation. (Sec. 3)

7.   Requires an order to terminate a legal separation to be filed under the same cause number and specifies the information that must be included. (Sec. 3)

Pleadings

8.   Specifies that proceedings for dissolution of marriage, annulment or legal separation must allege that the marriage is irretrievably broken or void. (Sec. 4)

9.   Stipulates that the only defense to a petition for annulment is that the marriage is not void. (Sec. 4)

Summary Consent Decrees

10.  Allows parties to enter a summary consent decree proceeding provided the parties have reached a comprehensive settlement of all issues before initiating a dissolution of marriage or legal separation proceeding. (Sec. 5)

11.  Prescribes a filing fee for a summary consent decree as 50% of combined filing fees for a petition and answer and additional county filing fees. (Sec. 5)

12.  Requires parties to submit specified information and documents within 60 days. (Sec. 5)

13.  Prohibits the court from entering the final decree until at least 60 days after the date of filing, during which period either party can submit a notice to withdraw. (Sec. 5)

Preliminary Injunctions

14.  Removes provisions concerning parties' ability to request the court issue temporary restraining orders and preliminary injunctions in certain instances and for specified purposes. (Sec. 6)

15.  Removes statute concerning parties' use of additional remedies provided under the law.  (Sec. 6)

16.  Deletes the definition of liquid assets. (Sec. 6)

Temporary Orders

17.  Repeals statute concerning court findings that a marriage is irretrievably broken. (Sec. 7)

18.  Outlines the temporary orders each party is entitled to seek during proceedings for dissolution of marriage, legal separation and annulment, for maintenance or support and following dissolution of marriage proceedings in cases where the court lacked personal jurisdiction over an absent spouse.  (Sec. 8)

19.  Requires a party seeking an order for equal possession of liquid assets to file a motion accompanied by an affidavit that specifies the factual basis for the motion and other specified information. (Sec. 8)

20.  Specifies that court-ordered division of liquid assets does not preclude a financial institution from assessing penalties against the account holder for premature or unscheduled withdrawals. (Sec. 8)

21.  Allows the court to issue temporary orders without requiring the other party's notice in specified circumstances. (Sec. 8)

22.  States temporary orders:

a)   Do not prejudice the rights of any party or child to be adjudicated during subsequent hearings;

b)   Can be revoked or modified before final decrees; and

c)   That provided for equal possession for liquid assets does not prejudice either party's claim for temporary maintenance, child support or attorney fees; and

d)   Terminates when the final decree is entered. (Sec. 8)

23.  Defines liquid assets. (Sec. 8)

Miscellaneous

24.  Makes technical and conforming changes. (Sec. 1-9)

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28.                    SB 1383

29.  Initials LC/JH        Page 0 Caucus & COW

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