2001 Az. law clarifying divorce pleading requirements in covenant marriage


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2001 Arizona House Bill No. 2026
House Engrossed

VERSION: Enacted
March 19, 2001
Johnson

AMENDING SECTIONS 12-284, 25-314, 25-317, 25-320, 25-321, 25-326, 25-328,
25-352, 25-381.18, 25-402, 25-403, 25-405, 25-408, 25-410, 25-412, 25-414,
25-509, 25-803, 25-812 AND 25-1002, ARIZONA REVISED STATUTES; RELATING TO
DOMESTIC RELATIONS.


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

Sec. 2. Section 25-314, Arizona Revised Statutes, is amended to read:

25-314. Pleadings; contents; defense; joinder of parties; confidentiality

A. The verified petition in a proceeding for dissolution of marriage or
legal separation shall allege that the marriage is irretrievably broken or
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, social security number if a duty of support
exists or may exist pursuant to section 25-501, 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, social security numbers 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,
custody and PARENTING TIME of the children and
maintenance of a spouse.

5. The relief sought.

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

C. The only defense to a petition for the dissolution of a marriage or
legal separation is that the marriage is not irretrievably broken. If the
marriage is a covenant marriage, it is a defense that none of the grounds
alleged for a dissolution of marriage or legal separation prescribed in
section 25-903 or 25-904 are met.

D. The court may join additional parties necessary for the exercise of its
authority.

E. 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.


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