Assigned to FS                                                                                        FOR CAUCUS & FLOOR ACTION

 

 

 

ARIZONA STATE SENATE

Phoenix, Arizona

 

REVISED

FACT SHEET FOR S.B. 1055

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                FOR COMMITTEE

divorce; marriage counseling

 

Purpose

 

Extends the amount of time a judge may continue dissolution of marriage hearing to six months. Allows a judge to require a couple seeking dissolution of marriage to attend marital counseling sessions with a certified marriage and family therapist or certified psychologist.

 

Background

 

            During recent years, state lawmakers have begun to look at ways to discourage divorce and strengthen marriages.  State actions include encouraging premarital counseling, requiring counseling for divorcing parents, offering covenant marriages and considering reform of the no-fault divorce system, according to the National Conference of State Legislatures (NCSL).

 

            At least half of the states, including Arizona, have enacted laws allowing courts to require divorcing parents to take parenting education courses or obtain counseling.  Arizona’s Parent Information Program gives parents information about the impacts of divorce, changes in the family unit and court involvement have on children involved in a divorce, paternity or custody case.  The court provides parents with a list of approved courses.  There is a maximum fee of $30 per course.  Parents may request a waiver from a judge to take a class not on the court-approved list of courses.

 

            There are no costs to the state general fund associated with the provisions of this measure.

 

Provisions

 

1.      Increases the length of time a judge may continue dissolution of marriage hearing from 60 days to six months.

 

2.      Allows a judge to order a couple seeking dissolution of marriage to attend joint or individual marital counseling sessions with a certified marriage and family therapist or a certified psychologist.

 

3.      Exempts spouses in domestic violence situation from joint counseling and defines domestic violence.

 

4.      Requires each party to pay for half of the joint marital counseling costs, unless otherwise ordered by the court.

 

5.      Makes conforming changes.

 

6.      Provides for a general effective date.

 

Amendments Adopted by Committee

 

1.      Removes the minimum number of counseling sessions.

 

2.      Includes the option for individual counseling.

 

3.      Includes certified psychologists as provider of marital counseling.

 

4.      Exempts spouses in domestic violence situations from joint counseling and defines domestic violence.

 

Senate Action

 

FS                    1/31/01            DPA    4-2-0

 

 

Prepared by Senate Staff

January 31, 2001