A Change in Community Property Laws for Arizona

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By James Jennings

Senate Bill 1309 has passed and come August of 2016 will take effect.  SB1309 changes in the wording of Ariz.Rev.Stat. §25-318 and creates Ariz.Rev.Stat. §25-318.02.

In a nutshell it will make it very expensive for convicted criminals to be awarded any community property in a divorce or legal separation.  The changes to the community property statue,  Ariz.Rev.Stat. §25-318 and the newly created Ariz.Rev.Stat. §25-318.02 basically states that anyone convicted of a felony that carries a sentence of 80 years to life, with or without the possibility of parole may not be awarded community property unless the parties to the case have agreed to it.

Moreover, if one spouse has already been ordered to make installment payments to the other spouse, and the receiving spouse is subsequently convicted of a crime and sent to prison, the spouse making the payments can ask the court to modify his or her ongoing payment obligations.

This substantial change to the community property laws of Arizona is very punitive to felons with lengthy prison terms, but does lessen the burden of the other spouse so he or she can move on with their life in my opinion.

For more information about how this may effect your legal rights contact an attorney.

You may read SB1309 at: http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/52leg/2R/laws/0159.htm&Session_ID=115

 

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