Assigned to FS FOR COMMITTEE

ARIZONA STATE SENATE

Phoenix, Arizona

FACT SHEET FOR S.B. 1409

dissolution of marriage; grounds

Purpose

Requires a party in a contested dissolution proceeding to establish fault in order for the decree to be granted.

Background

The United States leads the world in the number of divorces with nearly 1.2 million dissolutions in 1994. In 1960, 16 out of every 100 marriages ended in divorce. In 1995, 40 out of every 100 marriages ended in divorce. According to a University of Wisconsin researcher, if the current trend continues, half of all new marriages will end in divorce.

In 1969, California enacted a "no-fault" divorce law allowing parents to divorce for "irreconcilable differences" rather than having to establish fault such as adultery, cruelty or drunkenness. Within five years, 45 states had similarly changed their divorce laws and now all 50 states have some form of "no-fault" divorce.

Proponents of S.B. 1409 believe that "no-fault" divorce laws have weakened the fabric of the family and devalued marriage. There is concern that the ability to cancel a marriage contract is easier than firing an employee. Proponents argue that a return to fault based divorce will save marriages, protect children and help the partner who tries to make the marriage work. Opponents are concerned that there will be an increase in the number of deserted families, increased hostility in a process that already is rife with acrimony and more abuse of women and children.

S.B. 1409 allows dissolution petitions to allege that the marriage is irretrievably broken instead of stating specific grounds for divorce if both parties agree; however, if the dissolution is contested, fault grounds have to be established.

Provisions

1. Requires applicants for a marriage license to submit a certificate of completion for a premarital counseling program with the clerk of the court.

2. Requires that if one of the applicants for a marriage license is under 18 and unemancipated, that at least one parent or guardian of each applicant also complete the counseling sessions.

FACT SHEET S.B. 1409 Page

3. Specifies that counseling should be done by a behavioral health professional or an official representative of a religious institution.

4. Requires the Secretary of State to furnish the clerk of the court with a list of premarital counseling program providers.

5. Requires the counseling provided to minors to include counseling on minors and marriage and on the role of extended families.

6. Requires program providers to establish a sliding fee schedule.

7. Stipulates that persons who demonstrate indigence shall be exempt from the fee.

8. Stipulates that applicants shall make payments directly to counseling program providers.

9. Defines "behavioral health professional" for purposes of this section.

10. Requires that a petition for dissolution of marriage shall set forth the grounds on which the court may grant the decree.

11. Requires that one or more of the specified fault grounds for dissolution including adultery, imprisonment and desertion be alleged in the petition for dissolution.

12. Provides an exception to alleging one of the specified fault grounds for dissolution, stating that if both parties agree, the petition may allege that the marriage is irretrievably broken.

13. Stipulates that if one of the specified fault grounds for dissolution is alleged, that the respondent may admit the grounds, deny them or file a counterclaim.

14. States that the court may consider an admission by the respondent of the specified fault grounds for dissolution but is not bound by it.

15. Requires the court to enter a decree of dissolution of marriage if it determines by a preponderance of the evidence presented in court that one or more of the specified fault grounds exist.

16. Strikes language stating that the only defense to a petition for dissolution of marriage or legal separation is that the marriage is not irretrievable broken.

17. Allows a person who proved fault to negate a prenuptial agreement and to sue the former spouse for civil damages caused by the breach of the marriage covenant.

18. Contains a Proposition 108 clause.

19. Makes technical and conforming changes.

Prepared by Senate Staff

February 17, 1997

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