Bill Text: AZ HB2152 | 2025 | Fifty-seventh Legislature 1st Regular | Introduced
Bill Title: Right to jury; domestic relations
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-01-27 - House read second time [HB2152 Detail]
Download: Arizona-2025-HB2152-Introduced.html
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REFERENCE TITLE: right to jury; domestic relations |
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State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
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HB 2152 |
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Introduced by Representative Keshel
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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. the supreme court may adopt rules for family court jury trial proceedings consistent with this section.
