Senate Bill 1383 was signed by the governor on June 14, 2022 and becomes effective on September 24, 2022 (90 days after the legislature adjourned sine dine). The bill amends several sections of chapter 3, adds new section 25-314.01 and repeals and replaces section 25-316. All of the substantive changes are detailed below.
Most important changes for practitioners
If you’re short on time, here are the most important changes you need to know about:
- New procedure for cancelling a legal separation: If the parties are legally separated and later reconcile, there is a new process for terminating the legal separation decree. Any property awarded to either spouse in the legal separation decree or acquired during the period of legal separation remains separate, unless stated otherwise. You also have to address what happens to property payments and support payments that were ordered in the legal separation decree but haven’t been fulfilled.
- Formal adoption of summary consent decree process: The summary consent decree process that was being trialed in Maricopa County is now codified in § 25-314.01. But there are some changes—the filing fee is now 50% of the combined petition and response fee, and the decree can be submitted to the court earlier than 60 days (but cannot be entered until after 60 days).
- Minor changes to temporary orders: Provisions regarding temporary orders have been moved to § 25-316. “Physical or emotional” harm has been deleted as a requirement for exclusive use of property, and there is now specific authority for exclusive use and possession of other property, not just the marital residence. The definition of “liquid assets” now includes cryptocurrency and “nonretirement funds in financial institutions.”
- Spousal maintenance guidelines: The new § 25-319 authorizes the supreme court to establish spousal maintenance guidelines, and limits the court to awarding maintenance “only for a period of time and in an amount necessary to enable the receiving spouse to become self-sufficient.” The court may deviate from the guidelines if the application is inappropriate or unjust (like child support). The actual guidelines haven’t been created yet.
If a statute has been amended but isn’t mentioned below, it’s because the changes are only cosmetic—e.g., changing custody to legal decision-making and parenting time, or adding annulment to divorce and legal separation.Continue reading