Bill Text: AZ HB2251 | 2024 | Fifty-sixth Legislature 2nd Regular | Introduced


Bill Title: Covenant marriage; dissolution; attestation

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2024-01-22 - House read second time [HB2251 Detail]

Download: Arizona-2024-HB2251-Introduced.html

 

 

 

REFERENCE TITLE: covenant marriage; dissolution; attestation

 

 

 

 

State of Arizona

House of Representatives

Fifty-sixth Legislature

Second Regular Session

2024

 

 

 

HB 2251

 

Introduced by

Representative Carter

 

 

 

 

 

 

 

 

An Act

 

amending section 25-314, Arizona Revised Statutes; relating to covenant marriage.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 25-314, Arizona Revised Statutes, is amended to read:

START_STATUTE25-314. 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. For a covenant marriage, the petition for dissolution of marriage or legal separation shall be accompanied by a notarized affidavit that is signed by a member of the clergy or a marriage counselor attesting that the parties were counseled as to the grounds for dissolution of a covenant marriage or legal separation of the parties to a covenant marriage and that the grounds for a dissolution of marriage or legal separation prescribed in section 25-903 or 25-904 are met.

B. c. Either party to the marriage may initiate the proceeding.

C. d. 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. e. The court may join additional parties necessary for the exercise of its authority.

E. f. 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. END_STATUTE

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