Legal Dictionary for Arizona

ABANDONMENT = Abandonment occurs when a spouse leaves the children or the other spouse, intending not to return. In a covenant marriage, abandonment for a year or longer, coupled with a refusal to return, is grounds for divorce or legal separation. Child abandonment means the failure of a parent to provide reasonable support and failure to maintain regular contact with the child, including providing normal supervision. Child abandonment includes a judicial finding that a parent has made only minimal efforts to support and communicate with the child. Failure to maintain a normal parental relationship with the child without just cause for a period of six months is evidence of abandonment. [ARS 8-531]

ACCEPTANCE OF SERVICE = Acceptance of service by a defendant (or defendant’s attorney) means he or she agrees to accept the petition or complaint, thereby eliminating the need for a sheriff or process server to show up personally to serve those papers.

ACTION = Action means a lawsuit.

ADULTERY = Adultery involves a spouse’s consensual sexual relations with someone outside the marriage who is also an adult.

AFFIDAVIT = An affidavit is a written document, sworn to under oath by the affiant-signer that everything stated therein is true, while in the presence of a notary public or official oath taker.

AGREEMENT = An agreement is formed when two people reach an understanding that resolves a disputed issue between them.

ALIMONY = Alimony is spousal maintenance in Arizona.

ALTERNATIVE DISPUTE RESOLUTION (ADR) = Alternative dispute resolution involves a variety of methods to resolve disputes to purposely avoid litigation in court. Some forms of ADR include mediation, arbitration, conciliation, and collaborative divorce.

ANSWER = An answer is a responsive pleading. It is a written response to a complaint, petition, or motion. Failure to file a timely written response may result in a default judgment. Compare to “complaint.”

APPEAL = When a final order or decision is entered, a dissatisfied party may seek review of that decision or order by filing a legal action known as an appeal to a reviewing court. The Arizona Court of Appeals and the Arizona Supreme Court are courts of review.

ARREARAGE = An arrearage means the total unpaid support owed, including past due child support, spousal maintenance, and any interest thereon. [ARS 25-500]

BEST INTERESTS ATTORNEY = A best interests attorney may be appointed for the child. Acting independently, the best interests attorney makes recommendations to the court on what is in the child’s best interests. Once appointed, the best interests attorney is included on all court dates, reports, pleadings, and essentially every issue involving the child.

BEST INTERESTS OF THE CHILD = The best interests of the child standard is relevant to all child custody decisions.  [ARS 25-403]

BUSINESS EVALUATOR = When a value needs to be put on a business, a party may request a report from a business evaluator, typically a forensic accountant. The business evaluator examines and analyzes business records and conducts interviews.

CERTIFICATE OF SERVICE = A certificate of service is a written statement to the court made under penalty of perjury. The statement sets forth that the opposing party was served a copy of a court document at a particular time and date, and in a particular manner.

CHILD CUSTODY = Child custody refers to the responsibility to support and provide a home for a child. The court determines which parent (or other adult in some circumstances) shall have legal and physical control over, and responsibility for, a minor child.

CHILD CUSTODY EVALUATOR = A child custody evaluator interviews each party and observes the parent-child dynamic. The evaluator sometimes interviews other family members, and reviews documents and records involving the children. The evaluator prepares a report with recommendations for custody, parenting time, and the primary residential parent designation.

CHILD SUPPORT = Child support is a mandatory payment made to the parent who has physical custody of a minor child. The amount of child support to be paid by a parent is determined by formula using the child support guidelines. Child support means the provision of maintenance or subsistence for a child and includes medical insurance coverage, or cash medical support, and uncovered medical costs for the child, arrearages, interest on arrearages, past support, interest on past support and reimbursement for expended public assistance. [ARS 25-500]

COMMUNITY PROPERTY = All property acquired by either spouse during the marriage is community property shared by the husband and wife. The exceptions are as follows: property acquired by gift, devise, or descent; property acquired after service of a petition for dissolution of marriage, legal separation, or annulment if the petition results in a decree of dissolution of marriage, legal, or annulment. [ARS 25-211]

COMPLAINT = A compliant is a pleading filed by the plaintiff with the court to initiate a lawsuit against a defendant. The defendant files a response in the form of a written answer to the complaint. In a divorce action, however, a petition for dissolution is filed by a petitioner to initiate divorce proceedings. Compare to “answer.”

CONCILIATION COURT = The conciliation court is a subdivision of the family court. With any controversy between spouses which could result in the legal separation, dissolution, or annulment of the marriage, or in the disruption of the household, and there is any minor child of the spouses, the conciliation court has jurisdiction over the controversy, the parties, and anyone else involved in the matter. [ARS 25-381.08]

CONTEMPT OF COURT = Contempt of court involves any behavior that violates a court’s order and is punishable by fine or imprisonment.

COVENANT MARRIAGE = A covenant marriage is special in that the couple married with additional formalities when compared to a standard marriage. The marriage certificate indicates covenant marriage status. Dissolving the covenant marriage may be agreed to by the spouses, but in the event no such agreement is reached, then specific grounds for divorce must be alleged.

CUSTODIAN = The custodian of a child is someone, other than a parent or legal guardian, who stands in loco parentis to the child or a person to whom legal custody of the child has been given by court order. [ARS 8-531]

DEBT = A debt is money owed by one person to another.

DECREE = The court’s written decree is the order which finalizes the divorce or legal separation. [ARS 25-325]

DEFAULT = A default means that a party failed to respond, or answer, a summons, petition, complaint, or motion.

DEFENDANT = A defendant is a person against whom a lawsuit is filed. The defendant files a responsive pleading called an answer to the complaint. In a divorce, a petition for dissolution is filed by a petitioner, and the responsive pleading is filed by the respondent. Compare to “plaintiff.”

DEPOSITION = A deposition is a form of discovery. In a deposition, the witness is required to appear at a specified location for the purpose of providing information regarding some matter in the litigation. The deposition may be used for parties and third parties. A witness may be compelled to bring documents or other items to the deposition.

DISCOVERY = Discovery is the phase in litigation when each party gathers, exchanges, and discloses relevant information and evidence in support of their legal arguments. Some discovery tools are interrogatories, depositions, requests for production, and requests for admission.

DISSOLUTION = A dissolution of marriage is a divorce. [ARS 25-312]

DIVORCE = A divorce is the legal process required to terminate and dissolve a marriage.

GROSS = Gross refers to the total value of assets before any deductions for expenses are made.

GUARDIAN AD LITEM = A guardian ad litem is a person appointed by the court to protect the interests of a minor or an incompetent in a particular case before the court. [ARS 8-531]

INCOME = Income includes any form of payment owed to an individual, regardless of the source. It includes wages, salaries, interest, commissions, bonuses, workers’ compensation, disability payments, and payments pursuant to a pension or retirement program. [ARS 25-500]

IN LOCO PARENTIS = Latin for “in place of a parent,” it refers to a person who stands in place of the parent on behalf of a minor child. Such persons may include a foster parent, county custodial agency, boarding school, or other institution.

INJUNCTION AGAINST HARASSMENT = An injunction against harassment is a restraining order issued by the court when there is no family relationship between the victim and the defendant. The defendant is ordered to keep away and out of contact to protect the victim from harassment, stalking, and cyber stalking.

INTERROGATORY = An interrogatory is a form of discovery. Interrogatories are written questions served on the other party. There are uniform and non-uniform interrogatories. Uniform interrogatories are in court-approved form, for general use in any case. Questions specific to a particular case, outside the scope of the standard form, are non-uniform interrogatories.

JOINT CUSTODY = Joint custody means joint legal custody or joint physical custody, or both. [ARS 25-402]

JOINT LEGAL CUSTODY = Joint legal custody means both parents share legal custody and neither parent’s rights are superior, except with respect to specified decisions set forth in the final judgment or order. [ARS 25-402]

JOINT PHYSICAL CUSTODY = Joint physical custody means the child spends substantially equal time at each parent’s residence, so the child has equal time and contact with both parents. [ARS 25-402]

JUDGMENT = A judgment is the final decision of the court. The judgment determines the rights and duties of the parties to the lawsuit.

JURISDICTION = Jurisdiction is the court’s power and authority to hear and decide a lawsuit, including a divorce.

MARITAL PROPERTY = Marital property is community property in Arizona.

MEDIATION = Mediation is a confidential ADR process. The parties’ attorneys do not attend and what is discussed during the session is not divulged to anyone, not even to the judge. Any agreement reached is documented by the mediator, who then forwards the agreement to the judge to sign as an order.

MINOR = Any child under 18 years of age is a minor.

NET = Net refers to the value of assets after all costs, losses, taxes, depreciation of value, expenses and deductions have been subtracted. Compare to “gross.”

NO FAULT DIVORCE = No fault divorces are dissolutions in which neither spouse is required to prove “fault” or marital misconduct on the part of the other. In a no fault divorce, there is no requirement that a spouse be separated for any length of time before a final decree is issued. Either spouse may obtain a divorce, even if the other spouse doesn’t consent to the divorce. Compare to “covenant marriage.”

NON-CUSTODIAL PARENT = A non-custodial parent does not have primary residential custody, or physical custody, of the child. The non-custodial parent will have regular access to the child during parenting time under the couple’s parenting plan.

NON-MARITAL PROPERTY = Non-marital property is separate property in Arizona.

OBLIGEE = The obligee is the person or agency entitled to receive support. [ARS 25-500]

OBLIGOR = The obligor is the person obligated to pay support. [ARS 25-500]

ORDER OF PROTECTION = An order of protection is a restraining order used when there is an act of domestic violence or threat of domestic violence from a family member, the defendant. “Family” is broadly interpreted. The court orders the defendant to stay away and out of contact with the adult or child victim. In some instances an ex parte order of protection may sought if there is a threat of imminent harm and immediate protection is needed.

PARENTING COORDINATOR = A parenting coordinator assists in resolving parenting time disputes between the parties. Whenever difficulties persistently interfere with the parenting schedule in a pending case, a parenting coordinator may be appointed to oversee parenting time conflicts.

PARENTING INFORMATION PROGRAM = The parent information program class is a court-approved three-hour class to educate parents on the emotional impact domestic relations cases often have on children.  [ARS 25-352]

PARENTING TIME = Parenting time means the parent has the right to have the child physically with the parent and the right and responsibility to make, during that placement, routine daily decisions regarding the child’s care consistent with the major decisions made by the parent with legal custody. [ARS 25-402]

PHYSICAL CUSTODY = Physical custody refers to the supervision and physical care of the child. Primary physical custody with one parent means the other parent will have regular access to the child under a parenting agreement. Joint physical custody means the child will spend half the time at each parent’s home.

PLAINTIFF = The plaintiff files the compliant with the court initiating the lawsuit. In a divorce, a petition is filed by a petitioner to initiate the dissolution proceedings. Compare to “defendant.”

PREMARITAL AGREEMENT = A premarital agreement, or prenuptial agreement, is an agreement made between prospective spouses in contemplation of marriage, and which becomes effective on marriage. The premarital agreement sets out the rights and responsibilities of both spouses if the marriage ends in divorce or terminates because of a spouse’s death. [ARS 25-201]

PROPERTY = Property refers to any interest, present or future, legal or equitable, vested or contingent, in real property or personal property, including income and earnings. [ARS 25-201]

QUALIFIED DOMESTIC RELATIONS ORDER (QDRO) = A qualified domestic relations order is a court’s order dividing the spouses’ retirement benefits and pensions as part of the asset division in a divorce. The QDRO orders the retirement plan administrator to distribute a specified portion of the employee-spouse’s benefit to the non-employee spouse.

RECONCILIATION = A reconciliation occurs when the divorce action is dismissed because the parties decide to remain married. The spouses are said to have reconciled their differences.

REQUEST FOR ADMISSION = A request for admission of facts is a form of discovery. The request for admission is served on the opposing party in the divorce case and sets forth statements that the receiving party must admit, deny, or object to. The party responding to the request for admission has to make reasonable inquiries into the information that is known to, or readily obtainable by, him or her.

REQUEST FOR PRODUCTION = A request for production of documents is a form of discovery. Requests can be made for anything in the possession or control of a party upon whom the request is made. A request for production allows one party to request that the opposing party produce tangible evidence for the purpose of inspection and copying, and much more.

RESOLUTION MANAGEMENT CONFERENCE = The resolution management conference is used to determine the status of outstanding issues or any agreements reached and for scheduling court dates, deadlines, and trial dates.

RESTRAINING ORDER = A restraining order is issued by the court to stop a defendant from engaging in certain activities, such as domestic violence or harassment. Restraining orders include orders of protection and injunctions against harassment.

SEPARATION AGREEMENT = A separation agreement is a written agreement between the parties containing provisions for disposition of any property owned by either of them, maintenance of either of them, and support, custody, and parenting time of their children. A separation agreement may provide that its maintenance terms shall not be modified. [ARS 25-317]

SEPARATE PROPERTY = The separate property of a spouse includes the real property and personal property owned by that spouse before the marriage, acquired by that spouse during the marriage by gift, devise, or descent, as well as the increase, rents, issues, and profits of that property. Property acquired by a spouse after service of a petition for dissolution of marriage, legal separation, or annulment is also that spouse’s separate property if the petition results in a decree of dissolution of marriage, legal separation, or annulment. [ARS 25-213]

SERVICE = Service involves delivering a copy of legal papers on the other party to a lawsuit.

SETTLEMENT CONFERENCE = A settlement conference is a meeting between the parties, with their attorneys, for the purpose of attempting partial or full settlement of the issues in the family law case.

SOLE CUSTODY = Sole custody means one parent has legal custody. [ARS 25-402]

SPOUSAL MAINTENANCE = Spousal maintenance, also referred to as spousal support or alimony, is court-ordered support paid by one ex-spouse to the other ex-spouse in the divorce or legal separation. [ARS 25-319]

STIPULATION = A stipulation is an agreement between the parties in a lawsuit on a specific issue. In a divorce, a stipulation settles an issue between the spouses and may be entered into the record as part of the final decree of dissolution.

SUBPOENA = Under court authority, the subpoena orders a person to appear, testify, produce and permit inspection, copying, testing, sampling, and so on, of tangible things in the possession, custody, or control of that person. The subpoena may order the person to permit inspection of the premises, at a specified time and place.

SUPPORT ORDER = A support order includes a judgment, decree, order or directive, whether temporary, final or subject to modification, for the benefit of a child, a spouse or a former spouse, that provides for monetary support, health care, arrearages or reimbursement and that may include related costs and fees, interest, income withholding, attorney fees and other relief. [ARS 25-1202]

TEMPORARY ORDERS = Temporary orders for interim relief prior to trial govern the parties’ actions while the case is ongoing. In these interim orders, the judge may address parenting time, child support, spousal maintenance, and other issues needing expedited attention in the case. [ARS 25-404]

TRANSMUTATION = To convert property into another form. The transmutation of separate property means converting what started as separate property into community property. Methods of changing separate property into community property include the following: by agreement between the spouses, by gift from the owning spouse to the community, or by commingling separate property with community property (so much so that it loses its prior character as separate property).

VIRTUAL VISITATION = An approved electronic form of access, or visitation, with a child. This may include email with a video clip attached, a video call, or personal video conference.

VISITATION = Visitation includes parenting time for the parent who is not the primary residential parent. Adults who are in loco parentis, grandparents, and great grandparents may also have visitation rights.


About Scott David Stewart

Scott Stewart has written 443 posts in this blog.

Prior to forming the family Law Offices of Scott David Stewart, Mr. Stewart worked as a Deputy County Attorney for the Maricopa County Attorney’s Office as a felony prosecutor. Mr. Stewart now helps Arizona citizens with divorce and family law matters.



Related posts: