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Last Post 01 Jul 2022 05:50 PM by  Susan Pickard
R-22-0031 Emergency Petition to Adopt Arizona Rules of Family Law Procedure 45.1 and 78.1
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Author Messages
Susan Pickard
New Member
Posts:30 New Member

01 Jul 2022 05:50 PM
    Susan Pickard on behalf of:
    Paul J. McMurdie
    Judge, Arizona Court of Appeals
    Division One
    State Courts Building
    1501 West Washington
    Phoenix, Arizona 85007
    Telephone: (602) 452-6700
    [email protected]

    The legislature recently passed, and the governor signed into law Senate Bill 1383 amending provisions of Title 25. In the bill, the legislature amended A.R.S. § 25-313 (legal separation decree) to allow a court to terminate a legal separation. The legal separation termination order restores the marriage while establishing property and debt obligations. Proposed Rule 78.1 establishes the procedures for the parties and court to implement a termination order under the statute.

    Also, in SB1383, the legislature created a summary consent decree. The summary consent decree allows for an amicable divorce at a reduced cost to the parties. Proposed Rule 45.1 establishes the procedures for the parties and court to implement the new decree.

    Filed: July 1, 2022

    Would adopt new Rules 45.1 and 78.1 of the Rules of Family Law Procedure to implement the recently enacted SB 1383, creating a summary consent decree allowing an amicable divorce at reduced cost and authorizing a court to terminate a legal separation.

    Comments due no later than October 3, 2022.
    Petitioner's reply due no later than October 17, 2022.
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