Official Summary Text
SB1147 - 572R - Senate Fact Sheet
Assigned to
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ARIZONA STATE SENATE
Fifty-Seventh
Legislature, Second Regular Session
FACT SHEET FOR
S.B. 1147
family court; post
decree; experts
Purpose
Prescribes
requirements for the appointment of professional personnel by a court in a
dissolution of marriage proceeding.
Background
Statute allows
for either party to a marriage to initiate a proceeding for dissolution of
marriage, annulment or legal separation. The petitioner must allege that the
marriage is irretrievably broken, that one or both parties desire to live
separate and apart and, in the case of a covenant marriage, that statutorily
prescribed requirements for the dissolution or separation have been met (
A.R.S.
� 25-314
). Conciliation court services are overseen by the superior court
for married parties who are considering or who are in the process of divorce.
Either party may invoke the jurisdiction of the court. The outcome of the court
is to either: 1) preserve the marriage by effecting a conciliation between the
parties; or 2) amicably settle the controversy between the spouses to avoid
further litigation over the issue (
A.R.S.
� 25-381.09
).
There is no anticipated fiscal impact to the state General Fund
associated with this legislation.
Provisions
1.
Allows
the court, after a decree of dissolution of marriage has been entered, to
appoint professional personnel only if:
a)
both parties to the decree agree in writing to the appointment of the
professional personnel; and
b)
the
court enters an order appointing the professional personnel after an
evidentiary hearing.
2.
Requires
the court, on the filing of a motion of either party or when the court
determines that the appointment of professional personnel is required, to:
a)
advise each party of the proposed professional personnel that the court
may appoint;
b)
allow each party to submit the name of proposed professional personnel
that the court may appoint;
c)
provide each party with a written explanation of the reason for
appointing professional personnel; and
d)
advise
each party of the fees and any other expected costs of the professional
personnel and the proposed length of time of the professional personnel's
appointment.
3.
Allows each party to conduct discovery before the scheduled evidentiary
hearing.
4.
Stipulates that the appointment of professional personnel must be
considered unnecessary if, after each party conducts discovery, there is no
evidence to support the appointment of the professional personnel.
5.
Specifies
that supporting evidence includes:
a)
records of a recent criminal arrest or conviction of either party;
b)
documented substance use by either party;
c)
a documented act of violence involving either party or a child of either
party;
d)
a report from a state agency that a party's involvement with a child is
not in the best interests of the child; and
e)
the
conviction of a violation of an order of protection, if the order of protection
includes a party or a child of either party.
6.
Requires the court to advise each party in writing of any additional
reason for the appointment of professional personnel that is not provided in
the court's initial explanation.
7.
Requires each party to have time to conduct discovery relating to any
additional reason for the appointment of professional personnel.
8.
Instructs
the court, following an evidentiary hearing and on the appointment of the
professional personnel, to provide a written order that includes:
a)
the reasoning for the appointment of the professional personnel;
b)
the length of time of the professional personnel's appointment;
c)
the professional personnel's fees and any other expected costs;
d)
the court's determination of each party's ability to pay the outlined
fees and costs;
e)
the date that a report from the professional personnel must be filed
with the court and a copy provided to each party;
f)
the date that the parties may file a written objection to the findings
in the professional personnel's filed report;
g)
whether the professional personnel has qualified immunity for the
professional personnel's conduct during the term of appointment; and
h)
that
the appointment of the professional personnel complies with the prescribed
purpose and application of statute governing marital and domestic relations.
9.
Stipulates that any order appointing professional personnel may be
vacated or a report filed by professional personnel may be stricken and not
considered in any subsequent proceeding if the court does not comply with the
outlined requirements regarding the appointment of professional personnel.
10.
Becomes
effective on the general effective date.
Prepared by Senate Research
January 16, 2026
ZD/ci
Current Bill Text
Read the full stored bill text
SB1147 - 572R - S Ver
Senate Engrossed
family court; post
decree; experts
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1147
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:
START_STATUTE
25-1502.
Post decree; professional personnel; appointment; evidentiary
hearing; court requirements
A. After a decree of dissolution of
marriage has been entered by a court in this state or a court of competent
jurisdiction in another state, the court may appoint professional personnel
only if one of the following applies:
1. Both parties to the decree agree
in writing to the appointment of the professional personnel.
2. The court enters an order
appointing the professional personnel after an evidentiary hearing held
pursuant to this section.
B. On the filing of a motion of either
party or if the court determines that the appointment of professional personnel
is required, the court shall do all of the following:
1. Advise each party of the proposed
professional personnel the court may appoint.
2. Allow each party to submit the
name of proposed professional personnel the court may appoint.
3. Provide each party with a written
explanation of the reason for the appointment of the professional personnel.
4. Advise each party of the fees and
any other expected costs of the professional personnel.
5. Advise each party of the proposed
length of time of the professional personnel's appointment.
C. Each party shall be allowed to
conduct discovery before the scheduled evidentiary hearing.
D. The appointment of professional
personnel shall be considered unnecessary if, after each party has conducted
discovery, there is no evidence to support the appointment of the professional
personnel.� Supporting evidence includes any of the following:
1. Records of a recent criminal
arrest or conviction of either party.
2. Documented substance use by either
party.
3. A documented act of violence
involving either party or a child of either party.
4. A report from a state agency that
a party's involvement with a child is not in the best interests of the child.
5. The conviction of violation of an
order of protection if the order of protection includes a party or a child of
either party.
E. If the court determines that there
is an additional reason for the appointment of professional personnel in
addition to the reason provided by the court pursuant to subsection B,
paragraph 3 of this section, the court shall advise each party in writing of
the additional reason for the appointment of the professional personnel.� Each
party shall have time to conduct discovery related to the additional reason for
the appointment of the professional personnel.
F. FOLLOWING an evidentiary hearing
and on the appointment of the professional personnel, the court shall provide a
written order that includes all of the following:
1. The reason or reasons for the
appointment of the professional personnel.
2. The length of time of the
professional personnel's appointment.
3. The professional personnel's fees
and any other expected costs.
4. The court's determination of each
party's ability to pay the fees and costs associated with the professional
personnel's appointment.
5. The date a report from the
professional personnel must be filed with the court and a copy provided to each
party and the date each party may file a written objection to the findings in
the professional personnel's filed report.
6. Whether the professional personnel
has qualified immunity for the professional personnel's conduct during the term
of the professional personnel's appointment.
7. That the appointment of the
professional personnel complies with the purposes and application prescribed in
section 25-103.
G. If the court does not comply with
this section, any order that appoints professional personnel may be vacated or
a report filed by professional personnel may be stricken and not considered in
any subsequent proceeding.
END_STATUTE