|
House Engrossed
right to jury; domestic relations |
|
State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
|
|
HOUSE BILL 2152 |
|
|
|
|
AN ACT
amending title 25, chapter 11, article 1, arizona revised statutes, by adding section 25-1502; relating to domestic relations proceedings.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 25, chapter 11, article 1, Arizona Revised Statutes, is amended by adding section 25-1502, to read:
25-1502. Right to jury trial; domestic relations proceedings; rules
A. In any proceeding for dissolution of marriage or determination of legal decision-making or parenting time filed pursuant to this title, either party to the matter may demand a jury trial. The demand for a jury trial shall be made in writing and filed with the court. The court shall set the matter for a trial date at least thirty days after the date the party requesting a jury trial files the written demand.
B. The jury may determine issues of fact regarding any of the following:
1. The classification of property as separate property or community property.
2. The value of community property.
3. THe following Findings required by statute:
(a) The best interest of the child using the factors prescribed in section 25-403.
(b) The potential relocation of either party pursuant to section 25-408.
(c) Findings regarding the spousal maintenance factors prescribed in section 25-319.
(d) Findings regarding allegations of domestic violence or child abuse, neglect or abandonment.
(e) The determination of a contempt of court allegation.
(f) Any other issue mandated by statute that is alleged in the petition.
C. The court shall make the following orders regarding matters that require the exercise of judicial discretion:
1. Orders of Parenting time schedules and conditions of parenting time and other orders that are in the best interest of the child. The court shall incorporate the factual findings of the jury and the factors prescribed in section 25-403 when making parenting time findings.
2. Orders of child support, including the amount of support ordered based on the jury's factual findings and statutory factors.
3. Orders of spousal maintenance, including the amount and duration of spousal maintenance based on the jury's factual findings and statutory factors.
D. A jury verdict under this section is binding on the court. The court shall incorporate the jury's finding in the court's final orders except when otherwise prescribed by law.
e. either party to a proceeding filed pursuant to this section may request attorney fees, costs and expert witness fees to enable the party with insufficient resources to obtain adequate legal representation and to prepare evidence for the trial. If the court finds there is a financial disparity between the parties, the court may order payment of reasonable fees, expenses and costs.
F. If the court
finds that either party has insufficient resources to obtain legal
representation, on request, the court shall appoint an witness fees to enable the party with insufficient
resources to obtain adequate legal representation and to prepare evidence for
the trial. If the court finds there is a financial disparity between the
parties, the court may order payment of reasonable fees, expenses and costs.
F. If
the court finds that either party has insufficient resources to obtain legal
representation, on request, the court shall appoint attorney to
represent that party.
G. the supreme court may adopt rules
for family court jury trial proceedings consistent with this
section. rules adopted by the supreme court shall
include a mandatory pre-trial conference to be held before the
scheduling of a trial pursuant to this section to exchange all court shall include a mandatory pre-trial
conference to be held prior to the scheduling of a trial pursuant to this
section to exchange all evidence intended to be presented by
either party at the trial.