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Senate Engrossed
family court; post decree; experts |
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State of Arizona Senate Fifty-seventh Legislature Second Regular Session 2026
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SENATE BILL 1147 |
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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:
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.