Family Law Glossary & Terms
Learn the legal terminology used in Arizona family law courts.
2-2-3 Parenting Plan
Under this plan, the parties have exchanges typically every Tuesday, Thursday, and Sunday night (or every Monday, Wednesday, and Friday morning). This plan guarantees the child will go no longer than three days without seeing a parent. This is most commonly ordered for young children. It is generally not advised for school-aged children because it provides less predictability.5-2-2-5 Parenting Plan
Under this plan, one parent has the child every Monday and Tuesday; the other parent has the child every Wednesday and Thursday, and the parents alternate weekends. It is the most common equal parenting time plan in Arizona.A.R.S.
A.R.S. is an abbreviation for Arizona Revised Statutes. It is most commonly used as a reference. For example, if one types in, ARS 25-403 into Google or Bing, they'll likely be returned with links to Arizona's statute on the best interests factors and articles, web sites, and other information related to this particular provision in the statutes.A.R.S. § 25-319
These are the spousal maintenance laws acting in conjunction with the Spousal Maintenance Guidelines to provide guidance for how to aware spousal maintenance. To receive spousal maintenance, the recipient spouse must be both eligible and entitled to spousal maintenance. A.R.S. 25-319(A) defines the five ways a spouse is eligible for spousal maintenance; one of these five requirements must be met in order for spousal maintenance to even be considered. A.R.S. 25-319(B) are factors for the Court to consider when determining a spouse's entitlement to spousal maintenance. These factors have been incorporated into the Guidelines.Abatement
When two or more petitions involving the same party and the same issues are filed, the later filed petition is dismissed, i.e., it abates. For example, if a divorce is pending, a spouse cannot file a second divorce or even a civil suit that determines the same issues. If they do, their second filing is dismissed and yields to the first proceeding.Acceleration Clause
A provision in a Court order or agreement that if a certain number of installment payments are due, the entire amount will be due or, if the installment payments are secured by an asset, the asset shall be sold. Some examples: Spouse A shall owe $10,000.00 as an equalization payment to Spouse B. Spouse A shall pay this debt in twenty (20) monthly installments due the first day of each month. In the event Spouse A misses two consecutive months, the entire amount shall be immediately due. Spouse A shall assume the mortgage for the marital residence. Spouse A shall ensure that the mortgage is paid timely and fully each month. In the event Spouse A ever misses a payment, makes only a partial payment, or makes a late payment, the home shall be immediately listed for sale and the net proceeds equally divided.Acceptance of Service (AOS)
This document, when signed in front of a notary and filed with the Court, completes the required service of a Petition. This avoids being served the Petition by a process server. Attorneys may sign an Acceptance of Service on behalf of their clients except attorneys may not sign for Protective Orders or Petitions for Contempt. For initial Petitions in Family Court, the date the AOS was signed is the date the community is severed and thus anything accumulated after the date of service is considered sole and separate. See ARFLP Rule 40(f).Access Parent
A term used in some parenting plans to identify he parent who has the child during parenting time. Obviously, in most situations, who the access parent is varies according to the parenting time schedule. A common synonym is "custodial parent."Acknowledgment of Paternity
This is a document that is signed by both a mother and a father of a child in front of a notary that declares the father is the biological parent of the child. When filed with the state, it has the effect of a court order determining paternity—and may only be challenged in limited circumstances. Most commonly, the parties sign this in a hospital as part of putting the father’s name on the birth certificate.Acquisition Date
The date property is acquired. If acquired before marriage, it is presumed to be separate property. If acquired during the marriage, it’s presumed to be community property.Action
The starting of a new case or new round of litigation. An action always starts with filing a Petition.Actual Bias
The requirement that a litigant must meet in order to have a ruling thrown out on appeal on the basis the judge was not impartial. The legal standard does not permit parties to do more than just show the judge's ruling went against them; the litigants must have some proof that the judge is biased against them. This is a very high standard, and absent some damning evidence, these claims are usually not worth pursuing because how infrequently such claims succeed.Actual Income
For spousal maintenance purposes, “income from any source before any deductions or withholdings” ASMG § III(A)(1)(b). It is meant to include all pre-tax earnings and is very inclusive of almost all sources of income.Adjusted basis
For tax purposes, an adjusted basis, includes the price of acquisition plus adjustments for the cost associated with the sale of the asset and the costs of any improvements made to that asset.Affected Spouse
One who is negatively impacted by the other spouse's actions. This is generally used in the context of the other spouse doing something wrong or inappropriate, but does not necessarily require that those actions are wrong or inappropriate. It could simply be a decision that impacts the other spouse. For example, if a spouse files for bankruptcy or changes careers, the other spouse could be affected by it.Affidavit
A written statement made under oath about a particular issue. The person making the statement declares that what they have written is true under the penalty of perjury. Affidavits are signed in front of a notary. While useful in many situations, an affidavit has little evidentiary value at a trial where the better practice is to have the person testify and be subject to cross-examination.Affidavit of Direct Payment
A document signed in front of a notary by the person who is receiving payment. They swear under oath they have been paid an amount that was owed them under a Court order. The Affidavit must be filed with the Court for the payor to receive credit of having paid.Affidavit of Due Diligence
A sworn statement filed by a petitioner to outline the efforts they have made to serve the responding party. Though not required by the rules, some judges may require this before ordering alternative service.Affidavit of Paternity Rescission
Where the parties have signed an Acknowledgment of Paternity, and that has been submitted to the state, and one party wishes to rescind the Acknowledgment, they can file an Affidavit of Paternity Rescission with the Department of Economic Security's Vital Statistics Unit to undo the Acknowledgment. Most commonly, this is filed when the would-be father finds out in the first few weeks of the child's life that the child is not his. This Affidavit must be filed within sixty (60) days of when the Acknowledgment is signed. This option is also not available where a Court proceeding involving the child has commenced. Where the window has elapsed, a person's only option to repudiate paternity is to file a Petition to Challenge Paternity with the superior court.Affidavit of Service
A sworn statement filed by a licensed process server to inform the Court that they have completed service.Affidavit Regarding Minor Children
This is a document that must be filed with a Divorce with Children or a Petition to Establish. The Affidavit Regarding Minor Children asks a parent to swear under oath as to the different addresses where the child has lived for the last five years. The purpose of it is to ensure Arizona is properly exercising jurisdiction for legal decision-making, parenting time, and child support.Age of Consent for Marriage
To be old enough to marry in Arizona, a person has to either be an adult or if they are 16 or 17, they need to either be an emancipated min or or have their parent or guardian's permission to marry. Children under the age of 16 cannot get married in Arizona. 25-102 - Consent required for marriage of minors (azleg.gov)Age of Majority
The age of majority in Arizona is 18. When a person turns 18, they cease to be a child and are an adult. Despite being an adult, the parents' obligation to provide for their child continues until (1) the child is both 18 and a high school graduate, or (2) emancipates.Aggregate-Theory State
A state wherein each spouse gets one half of the total community property. This allows for unequal division of individual assets and debts so long as the total community property is equally divided. Arizona is an aggregate-theory state. In re Estate of Kirkes, 231 Ariz. 334 (2013). For example, Let’s say Husband and Wife have three assets: A car worth $1,000.00; a bank account worth $2,000, and a 401k worth $1,000. In an aggregate-theory state, the Court can award Wife the $2,000 bank account and Husband the $1,000 car and $1,000 401k because they each get $2,000 in assets. In contrast, in an item theory state, each of them would get half of each asset. See Item-Theory State.AHCCCS
This is an acronym for Arizona Health Care Cost Containment System. When spoken, the acronym is simply pronounced as "access." This is the system through which the state government provides healthcare to low-income individuals. In family law, AHCCCS comes into play for child support. When a child is on AHCCCS, neither parent receives a credit on the Child Support Worksheet for providing health insurance. When one parent qualifies for AHCCCS, but the other parent can put the child on private insurance, the private insurance option should be utilized.Alienation of Affections
A common-law tort (i.e., a lawsuit that was historically permitted) if a wife cheated on her husband, he could sue her lover for causing his wife to fall out of love with him. Arizona has a law that specifically states this suit has been abolished. See A.R.S. § 25-341.All-or-Nothing Rule
Once law in Arizona, this rule has now been overturned and replaced by the apportionment rule. Under this rule, when separate property either generated profits or increased in value during the marriage, the Court was required to determine that such profits and increases were either all separate property or all community property. In 1979, the Arizona Supreme Court did away with this rule, favoring the more even-handed approach of the Apportionment Rule. See Cockrill v. Cockrill, 124 Ariz. 50 (1979). See also Apportionment Rule.Allocation
How responsibility for a community debt is assigned in a Divorce Decree or Property Settlement Agreement. The Decree/PSA decides as between the two spouses who is responsible for the debt, but it does not affect the right of the third-party creditors, who may still pursue either spouse for full satisfaction of the debt. If it occurs that the debtor pursues satisfaction of the debt from the spouse who was not assigned the debt, they can seek contribution from the other spouse either by filing a Rule 85 motion or by initiating a lawsuit.Alternative Dispute Resolution (ADR)
This is a court-ordered mediation that the parties attend. It is usually conducted by a commissioner or Judge Pro Tempore serving as the mediator. The mediator will usually require the parties to submit a Mediation Memorandum prior to mediation. The mediator will then work with each party (and their attorney, if they have one) to reach agreements.Alternative Service
A way to serve someone outside the prescribed ways listed in ARFLP Rule 41(c) to (i). To get to alternative service, a party must show that the methods in ARFLP Rule 41(c) to (i) are impracticable and the person’s proposed method of service is reasonably calculated to reach the other party. Option is generally only allowed when all other options are exhausted. See ARFLP Rule 41(l).Amended Petition
A petitioner may change their Petition by amending it. Prior to the Response being filed by the other party, they may do so freely. After a Response is filed, they must get leave of Court to amend their Petition.Amicus Brief
A brief filed in a case by someone (usually an organization) who is not a party to the appeal to advocate for the Court of Appeals or Supreme Court to adopt a certain position.Annualize
An accounting term which means to convert a figure into an annual rate, or yearly average. Both the Child Support Guidelines and Spousal Maintenance Guidelines require Courts to annualize seasonal or fluctuating income by looking at what someone earned over the past few years and take an average. For example, let’s say Melissa, in her role as a seasonal accountant, made $40,000 in 2021, $35,000.00 in 2022, and $15,000.00 in 2023. The Court can annualize her income by taking the average of those three years, which is $30,000.00. ASMG § III(A)(1)(d); CSG § II(A)(1)(c). The Child Support Guidelines also annualize expenses for childcare, education, and extraordinary child expenses. CSG § III(B)(4-6). For child support, the annualization is also meant to ensure “that each month's child support obligation is increased or decreased in an equal monthly amount, instead of the obligation for particular months being abated, increased, or decreased.” CSG § III(B)(7).Annulments in Arizona
Annulments look so easy on TV: You’ve been married a short while, realize you’ve made a mistake, get an annulment, and the next day, you’re no longer married. Annulments don’t work like that in real life. There is so much misinformation surrounding annulments that the best way to explain is to dispel some of these myths: Myth #1: If you have a marriage of short duration, you can get an annulment. The truth: Annulments are only available when the marriage itself is “void of voidable;” i.e., the marriage is defective. That means you have to have a reason for why the marriage was not valid in the first place. Some common examples of grounds for an annulment are that one of the spouses was already married, one of the spouses was tricked into marrying the other spouse, one of the spouses lacked the mental capacity to marry, the parties did not intend to get married, one of the spouses was too young to marry, the spouses are first cousins under the age of 65, or one of the spouses refused to consummate the marriage. Legally, the length of the marriage technically doesn’t matter, but realistically, it matters. Judges are more likely to annul a shorter marriage than a longer one. That means the longer you wait to start annulment proceedings, the less likely you are to be granted one. Validity of marriage: If you have questions about whether you have a valid marriage, you should meet with an attorney. Briefly, here are a few principles regarding the validity of a marriage:- A marriage that is valid where it took place is valid in Arizona unless recognizing the marriage violates public policy (e.g., if two first cousins got married in a state where it was legal, Arizona would not recognize that marriage because first cousins marrying is illegal in Arizona, with some exceptions).
- A marriage that was not valid where it took place may be recognized as valid in Arizona if the marriage would have been valid under Arizona law.
- If the person marrying the couple lacked the authority to do so, the marriage may still be valid if one party believed the officiant had the authority to perform the marriage.
Answer
An Answer is also known as a Response to a Petition; it sets forth the Respondent’s issues on a Petition.Answering Brief
This is the brief filed in response to the Opening Brief in an appeal. It is filed by Appellee and is the only Brief the Appellee gets to file.AOS (Acceptance of Service)
This document, when signed in front of a notary and filed with the Court, completes the required service of a Petition. This avoids being served the Petition by a process server. Attorneys may sign an Acceptance of Service on behalf of their clients except attorneys may not sign for Protective Orders or Petitions for Contempt. For initial Petitions in Family Court, the date the AOS was signed is the date the community is severed and thus anything accumulated after the date of service is considered sole and separate. See ARFLP Rule 40(f).Apostille
An apostille authenticates official documents, i.e., it is a document, signed by a government official, to verify to other governments that the seals and signatures on a document are legitimate. Certain countries, including India and the UAE, require divorce decrees going through an attestation process, which includes a certification from the clerk of Court and an apostille issued by the Arizona Secretary of State. More information is available on the State Department’s website and from the Arizona Secretary of State.Appeal
This is how you challenge a ruling your judge made in the Court of Appeals. It starts by filing a Notice of Appeal in the superior court. The judge becomes your opposing party.Appellant
This is the party that initiates the appeal.Appellee
This is the party that is defending the appeal.Application and Affidavit for Attorney’s Fees
These are the documents by which a party requests a certain amount be awarded to them for their attorney’s fees. This is generally prepared after the Court has already determined that a party may be entitled to some or all of their attorney’s fees.Apportionment Rule
When the sole and separate property generates profits or increases in value during the marriage due to marital labor, the Court determines how to divide those profits and increases between the separate property and the community property. The goal is to achieve substantial justice between the parties. Cockrill v. Cockrill, 124 Ariz. 50, 54 (1979). See All-or-Nothing Rule.Arbitration
This is a process where the parties agree to use a third party (someone other than the judge) to hear and decide the case. The advantage of arbitration is that the parties can agree on who will hear and decide their case (usually, it is a family law attorney, unaffiliated with the case, who has considerable experience and a strong reputation within the legal community). Many of the people who conduct arbitrations have extensive experience and knowledge in the family law realm, particularly compared to judges who usually do not come from a family law background. That can make the outcome more predictable. The downside is that the parties are sharing the cost of the arbitrator, and it can be an expensive process.Arbitration Agreement
An agreement that the parties make to have their family law matter determined by an arbitrator. See also Arbitration.Arbitrator
The professional chosen by the parties to decide their case in an arbitration proceeding. In other words, this person essentially serves as the judge in their case because they will hold a trial and issue a ruling. The arbitrator's ruling will be submitted to the superior court judge assigned to the case for approval.Argument
In an appeal or motion, this is the main section of the Brief where you make your arguments. It is usually divided into subparts for each argument you make.Arrearage
As defined by A.R.S. § 25-500(1), “the total unpaid support owed, including child support, past support, spousal maintenance and interest.”Arrears
A more informal way of saying “arrearage.” See Arrearage.At Issue
Something the Court must decide, e.g., “At issue is whether Mother violated the Preliminary Injunction …" is the same as saying “The Court must decide whether Mother violated the Preliminary Injunction.”ATLAS number
This is the number used by the state to track child support cases. Every child support case has one, and it is different than the case number assigned to that case by the Courts.Attestation
A requirement imposed by certain countries that official documents be certified by public officials before they will be recognized in that country. This includes for Divorce Decrees. This generally requires a certification from the Clerk of Court and an apostille issued by the Arizona Secretary of State.Attorney of Record
The attorney who is legally representing a client. Their term as the client's attorney generally starts either by filing a Notice of Appearance or Substitution of Counsel. The attorney of record and is recognized on the docket through the Clerk of the Court as the responsible attorney. An attorney cannot file documents on a client’s behalf or represent the client at a hearing if the attorney has not filed a Notice of Appearance with the Court and is not listed as the attorney of record. Once they become the attorney of record, all filings made on the client's behalf must go through the attorney of record, and the Court and opposing counsel must communicate with the attorney of record and not directly with the client.Attorney standard
When people represent themselves in Court, they are held to an attorney standard, i.e., they are expected to know the law and follow the rules of procedure. As the saying goes, “Ignorance of the law is no excuse.”Attorney-Client Privilege
An evidentiary standard about whether the privileged conversations and emails between an attorney and client can be used as evidence in a court proceeding. It is different than an attorney’s ethical duty of confidentiality, which is to keep confidential all information the attorney learns in representing the client.Attributed Income
Income that “is not actually earned or received but is an assigned income based on a court finding that the amount attributed should be used to calculate combined Spousal Maintenance Income.” ASMG § III(B)(1). In other words, money does not actually make, but because they are capable of making that income, the Court will assign that income level to them when inputting their income onto the Child Support Worksheet and/or Spousal Maintenance Calculator.Authentication Certificate
A document that assures the receiving jurisdiction that the official documents received from another jurisdiction are legitimate. This can occur through certified copies, apostilles, seals and signatures, and notarizations. Requirements may vary by jurisdiction and document type.Automatic Revocation Statute
Another term for a Revocation-upon-dissolution statute, i.e., the designation of a spouse as a beneficiary in certain documents, including a will, are rescinded at divorce. This emphasizes the importance of following up a divorce with updating your estate planning.Automatic Stay
When a bankruptcy is filed, certain proceedings involving the debtor (the person filing bankruptcy) are automatically stayed. This includes a divorce where division of property remains an outstanding issue. In that case, nothing can be done until the bankruptcy has been completed.Avowal
A statement made by an attorney during a trial. Parties can also choose to proceed by avowal, meaning that their attorneys make statements at the trial in lieu of testimony. This option, though, is not available if a credibility determination is required.Collaborative Divorce in Arizona
Collaborative divorce is a specialized form of divorce that is relatively new to Arizona. It involves a much different process than regular divorce. Here are some things to know about the collaborative divorce process.- Agreement to do collaborative divorce must be voluntary. The court cannot order someone to participate in the collaborative divorce process; rather, both parties must agree to it.
- Agreement to participate must be in writing and signed by both parties. The Agreement should describe the nature and scope of the matter and identify each party’s collaborative lawyer.
- In a collaborative divorce proceeding, the parties and their attorneys work together to reach agreements. Most collaborative divorces are handled in sessions where the parties and their attorneys meet together and talk through the issues and see if they can reach agreements. Because they are working together rather than against each other, the parties and their attorneys can craft solutions more easily than they can in litigation or even in mediation.
- The parties can employ the use of third-party professionals. If necessary, the parties can agree to have professionals, such as accountants, financial advisors, business evaluators, realtors, counselors, etc. to help them figure out one or more of the issues.
- Collaborative divorce carries a substantial risk: If it doesn’t work out, the parties must start over, and their attorneys must resign. Collaborative divorce is fantastic when parties reach agreements; when they do not reach agreements, the parties have to go through the divorce process again, including starting over with the sharing of documents.
Common Law Marriages in Arizona
In-State Common Law Marriages: Arizona is not a common-law state. There is no such thing as a common-law marriage in Arizona. You can live together with your significant other for decades and not create a common-law marriage in the state of Arizona. Similarly, if you are not married, there is no community property to be divided if your relationship ends. For example, if the house is in your partner’s name, the house belongs 100% to your partner, even if you have been paying on the mortgage. Additionally, you should be aware that Arizona does not recognize palimony. Palimony is a California law that allows for spousal maintenance payments to be made from one long-time live-in partner to another when they breakup. Arizona has no such law. Out-of-State Common Law Marriages: Arizona will recognize common-law marriages validly entered into in another state. Despite Arizona’s law that you can’t form a common-law marriage here, Arizona will recognize common-law marriages from other jurisdictions. The recognition of a common-law marriage can protect a partner’s ability to receive property the couple acquired in a divorce or in the event their partner dies. The number of common-law marriage states is dwindling, and contrary to popular belief, even in states that recognize common-law marriage (or something similar), the standards are higher. In Colorado, for example, a judge will determine as part of a divorce or probate proceeding whether a couple had a common-law marriage by looking at things such as whether they presented themselves as husband and wife, bought property together, shared a home or joint bank account, etc. Utah has another approach. It doesn’t recognize common-law marriages, but instead allows for judicial recognition of a relationship as a marriage. Utah requires proof that the parties of legal age, sound mind, the marriage would otherwise be legal, lived together, treated each other as though they were married, and presented themselves to the public as married. Utah also requires the request for recognition come either during the relationship or within one year of it ending.Conciliation in Arizona
For people who do not want to get divorced but who have a divorce case pending, legally, they have an option to try and save the marriage by filing a Petition for Conciliation Services. This puts a 60-day pause on the divorce proceedings. During this 60-day period the parties will have one meeting with a counselor at the court to see what, if anything, can be done about repairing the marital relationship.Defective Marriages in Arizona
For a marriage to be legal in Arizona, there must be (1) a license, (2) a ceremony before an authorized officiant and two witnesses, and (4) the ceremony is held before the license expires. Additionally, the parties themselves must be (1) single, and (2) old enough to get married. Now let’s consider what happens when these requirements are not met. Failure to get a license: Marriage is invalid Two laws touch on why a license is an indispensable marriage requirement. A.R.S. § 25-111(B) explains a marriage is not valid without a license, and A.R.S. § 25-121(A) states people cannot be joined in marriage without first obtaining a marriage license. In sum, no license, no marriage. For example, in the 1990s, an Arizona couple signed a contract to marry rather than get a license. They held a marriage ceremony with family and friends, but they never got a contract. A few years later, the “marriage” fell apart. The judge declared they were never married in the first place because they had not obtained a license. The Court of Appeals upheld the judge’s determination that the marriage was invalid, explaining that while marriage is a civil right, the state may control the forms and procedures necessary to make a marriage legally valid. Moran v. Moran, 188 Ariz. 139, 144, (App. 1996) Failure to record a marriage license after a ceremony: Does not automatically render the marriage invalid. Officiants are required to file and record the marriage license after the ceremony. Sometimes, the officiant fails to do so. In State v. Guadagni, the Arizona Court of Appeals determined that an officiant’s failure to file and record the license does not render the marriage invalid. Why treat the failure to record a license different than the failure to get a license in the first place? Because recording is on the officiant; obtaining the license is on the parties. Failure to use an authorized officiant: Still valid if at least one of the parties, in good faith, believed the officiant was authorized to marry them. In Arizona, people can be married by either a clergyman authorized by that faith to perform marriages or a judge. But what happens if the person who married turned out to not actually be authorized to marry you? Arizona will still recognize the marriage as valid if one of the parties genuinely believed that person was authorized to marry them. See A.R.S. § 25-111(B)(2). This holds true even if the place where they were married would not recognize the marriage as valid. In Donlann v. Macgurn, 203 Ariz. 380 (App. 2002), a couple was married in Puerto Vallarta, Mexico by a female officiant; at the time, there were no female officiants in Puerto Vallarta allowed to perform marriages. The Arizona Court of Appeals, nonetheless, recognized the marriage as valid because the wife, in good faith, believed the officiant was authorized.Divorce with Minor Children in Arizona
Getting a divorce with children follows the same process as a divorce, with a few extra steps. If you and your spouse can agree on how to share parenting time and make decisions regarding the children, the process can be smooth and short in duration. But Arizona’s laws, rules, and procedures can become complicated if you and your spouse have different ideas with how your children should be raised. It can become even more intensive if child support is also needed and contested.Financial Impacts Of Divorce
Existing Contracts. The Court can and will assign to each party their share of the assets and liabilities. What the Court cannot do, however, is rewrite existing contracts. It can order one party to be responsible for the debt. It can include a “hold harmless” and “indemnify” provisions that require the spouse awarded the debt to pay back the other spouse if creditors of that debt come after them. But at the end of the day, the contract signed when the parties were married is still intact. And a creditor can go after either party, regardless of what the divorce court. This is important because there are usually two contracts in almost every marriage that can have a major financial impact on the parties: A mortgage and a vehicle loan. It’s also common to see HELOC loans. So, what can be done to protect the party who is not taking the house or the car? Here are a few options:- The decree should set deadlines for when certain things need to happen by, such as a deadline for refinancing the house or vehicle, removing the other spouse’s name from the title for the house or vehicle, taking their name off the insurance. Otherwise, the spouse who is not awarded the property remains on the loan and can be potentially liable in the event someone is injured on the marital residence property or in a car accident. That is a major risk financially.
- The Decree should set a consequence if these deadlines are not met (usually requiring the asset be sold and the equity divided).
- In the event a home or other major community asset is sold, the parties can agree that the funds gained from the sale are first applied to existing debts, such as credit card debts.
- Filing Status. “Married filing jointly” is often the most desirable way to file your taxes because it generally contains the lowest liability of the all the filing statuses. Once divorced, you obviously can no longer file as married. You will, as part of the divorce decree, determine whether you will file jointly or separately for the last tax year in which you are married. Be aware that if filing jointly, you are responsible for all representations made on that return—in other words, if you file jointly, and your spouse lies about their income, you are also responsible for the fraudulent tax return.
- Name on Your Filing. It is common for people to change their last name as part of the divorce process. The name of your tax return must match the name on file with the Social Security Administration. Therefore, if your name changes as part of the divorce, you need to contact the Social Security Administration and update your name.
- Prior Tax Liability. If you owe taxes from any year in which you were married, both spouses could be liable on the marriage. For people who have failed to file tax returns during the marriage, this is the time to get caught up, so that the two of you can split any liability within the Decree.
- Child Support Payments. Child support payments are tax neutral. The person paying them cannot deduct them; the person receiving them does not need to report them.
- Child Tax Credit. The Parenting Plan will make orders regarding in what tax year each parent may claim each child. The ability to claim the child is usually dependent on a parent being up to date on child support.
- Child Support Arrearages. If a parent has been found by a Court to owe child support arrearages, the state of Arizona will intercept any tax return or stimulus paid that parent and apply it toward their child support obligation. Arrearages are different than the ongoing child support obligation. Arrearages mean that you have not paid prior child support amounts.
- Spousal Maintenance. Under the Trump tax law, the person paying spousal maintenance pays income taxes on the amount they pay to their former spouse. The receiving spouse does not pay income tax on what they receive in spousal maintenance.
- Qualified Domestic Relations Orders. Retirement accounts must be divided at the time of the divorce. To avoid tax penalties, spouses must use a Qualified Domestic Relations Order (QDRO) to divide any retirement asset. The QDRO must comply with federal ERISA regulations to be recognized. Those requirements are highly technical. For this reason, most people use specialized QDRO attorneys to prepare their QDRO.
- Basis of Assets. When you buy an asset, what you paid for it is your “basis” for tax purposes. When you sell it, the sell price minus the basis is your profit or loss. Profits can be taxed. Let’s give an example of how that works. Let’s say you buy your house for $300,000.00 and sell it for $500,000.00. Your basis is the $300,000.00 purchase price. Since you sold the home for $200,000.00 above your basis, you have $200,000.00 in taxable income. The value of assets on divorce is not a taxable event, meaning you don’t have to pay taxes on assets you receive in the Decree. But the divorce also does not reset the basis. Additionally, while assets are divided equally, there may be an inequitable distribution of the basis of the assets, meaning one of you could pay substantially more in taxes when selling the assets awarded to you than the other spouse.
- The length of marriage matters. The marriage has to have lasted at least 10 years for you to be eligible to draw on your spouse’s social security.
- Eligibility. In addition to the 10-year rule, to draw on an ex-spouse’s social security, you need to be at least 62 years old at the time you start drawing on the benefits (you can be under 62 at the time of the divorce), you cannot be remarried, their benefit must be greater than the benefit you would otherwise be entitled to, and you must be entitled to Social Security retirement or disability benefits.
- Remarriage. If the spouse receiving benefits from the ex-spouse remarries, they can no longer receive Social Security benefits from the ex-spouse. If the spouse whose benefits are being draw remarries, it does not affect their ex-spouse’s ability to draw on their benefits.
- Amount of Benefit. An ex-spouse is entitled to up to 50% of their ex-spouse’s benefit.
- Ex-Spouse’s Benefit Not Affected. Benefits paid to a divorced spouse do not reduce the amount their ex-spouse receives in social security.
- When Entitled to Two Benefits. Some spouses may be entitled to two benefits: Their own benefit or their spouses. In that case, they get the benefit that is the higher amount, but they do not get both benefits.
- Disclaiming Social Security. Divorces occur in state court. Social security is a federal benefit that is governed exclusively by federal law. While rare in Arizona, some Divorce Decrees may include a clause where one spouse gives up their interest in the other spouse’s social security. Such clauses are unenforceable. A divorce decree cannot divide social security benefits. State courts simply lack the jurisdiction to do so.
- Widow’s Benefit. If eligible for an ex-spouse’s Social Security benefits, a spouse may be eligible for a widow or widower’s benefit should the spouse die.
- People going through divorce are given the right to continue or convert their health insurance. Information regarding this option is provided in the Notice to Convert Health Insurance, which is one of the documents filed to start a divorce.
- But if you are Medicare eligible or eligible for disability benefits, your spouse’s employer will not be required to convert or continue your insurance.
- The spouse being insured is responsible for premiums and may include to include the children.
- If you want to continue or convert your health insurance following the divorce, you must contact the insurance company ASAP and start paying the premiums within 31 days of when the insurance would otherwise stop.
- If continued, the insurance company may choose to keep them on the same plan as their former spouse or convert them to a new policy.
- If converted, the new policy must be the one most similar to their old coverage unless the insured chooses a lesser policy.
- You can’t be denied a continuing or converted policy because of a pre-existing condition.
- Wills. Ex-spouse is automatically removed as a beneficiary but will remains valid. Ex-spouse is automatically disqualified from being a personal representative, guardian, or trustee. To add ex-spouse back into a will or into a fiduciary position, a new will must be executed.
- Living Trust-Marital Property Trust. Each spouse is considered to have predeceased the other. If a spouse dies before trust is dissolved, their one-half share of community property (and any of their separate property) is distributed as if there was no surviving spouse.
- Living Trust-Separate Property Trust. Ex-spouse disqualified as a beneficiary and as acting as a trustee. Like a will, if the person wants their ex-spouse to remain a beneficiary or trustee, they must re-execute the trust.
- Estates without Wills or Trusts. Many people die without either a will or a trust. The legal term for this is that they died “intestate.” Who receives their estate follows state law on intestate succession. An ex-spouse does not receive anything under the state’s intestacy laws.
- Power of Attorney. Ex-spouse automatically removed as an agent. Power of Attorney may remain intact if another person is designated as alternate agent.
- IRA’s. Under Arizona law, the divorce disqualifies ex-spouse as a beneficiary. But there can be some gray areas here if the IRA administrator is never informed of the divorce, and if a long period of time has passed since the divorce and death, permitting an argument the IRA owner intended to keep ex-spouse as beneficiary.
- 401(k). A 401(k) falls under ERISA, a federal law that trumps state laws. Unlike Arizona’s law that removes an ex-spouse as a beneficiary, ERISA has no such law. Therefore, an ex-spouse remains the 401(k)’s beneficiary. The beneficiary designation must be changed if the 401(k) owner wants a different result.
- Pension. Pensions also fall under ERISA. Therefore, if an ex-spouse is designated as the beneficiary, they remain the beneficiary.
- Federal Retirement Plans. Again, these fall under ERISA. Therefore, if an ex-spouse is designated as the beneficiary, they remain the beneficiary.
- Life Insurance. An ex-spouse is automatically removed as the beneficiary of a life insurance plan unless it’s employer-provided insurance in which case the beneficiary remains. The Court can, however, order that one spouse maintain a life insurance for the benefit of the other spouse, particularly if there’s spousal maintenance or child support award that may be owed.
Gray Divorce in Arizona
A gray divorce refers to a divorce involving a couple where both parties are over 50 and they do not have any minor children. The divorce rate for this demographic has doubled in the last three decades, more than almost any other demographic. There may be many reasons for this—longer lifespans, divorce becoming less taboo, etc. But whatever the reason, gray divorces are on the rise. These divorces tend to be longer marriages—but not always. The focus of these cases is on dividing the parties’ property and ending the marriage. What makes a gray divorce unique is that the property division often involves much more long-term assets and is being done with an eye toward retirement. At the time of the divorce, both parties are likely considering what they need to do to be able to retire. This may require looking into how you will have health insurance until you are Medicare eligible, and what you might be receiving in Social Security now that you are getting divorced. Gray divorces are also more likely to feature spousal maintenance as an issue. In the case of a long marriage, the parties are likely going to split everything they own, including retirement assets. So they could be in very similar place financially. If they are both retired and each receiving the same amount of assets built over a longterm marriage, then spousal maintenance becomes less likely. But if they are in their fifties, and one of them earns significantly more than the other, spousal maintenance is likely to be an issue. And if lesser-earning spouse needs time to become self-sustaining, an award of spousal maintenance becomes much more likely.High-Asset Divorces in Arizona
A friend of ours moved into a 20-year-old, 10,000 square foot home. After a few months, he commented to us that one of the things he had not anticipated was how many different systems the house would have. He had, for example, four different air conditioners and a half-dozen water heaters. That meant more repairs and maintenance. He said it seemed he had a repairman out every week for one thing or another. He had his dream home, but also a lot more work. In some ways, the systems you find in a 10,000-square foot house are not different than what you’d find in a 1,500-square foot home: Air conditioner, fridge, water heater, etc. It’s just that you have more of them, and they may be more advanced and complicated than what you find in an average home. The same is true in a high-asset divorce. The average divorce has a home, retirement, and vehicles to divide; the high asset divorce has those same things, just more of them, and they tend to be much more complicated. A high asset divorce is similar to that. More assets—and assets with more complications—mean more that can go awry. For example, in an average divorce, the marital residence is the only real property the parties own, and the home is in Arizona. But in a high-asset divorce the parties usually own multiple properties, some in Arizona, some located elsewhere. Some properties may be rental or investment property. Some may be vacation or second home properties. Vehicles are another difference. The average divorce, each party has a vehicle they drive. In a high-asset divorce, that holds true but the parties may also have other vehicles, including boats, RV’s, motorcycles—and they may have rare or classic vehicles that are appreciating rather than depreciating. High-asset divorces tend to also have businesses that need to be divided. This is usually accomplished by the spouse who runs the business buying out the other spouse’s interest in the business. That will require a business valuation to figure out how much the business is worth. If the business was started prior to the marriage, then they evaluator must also determine how much the value of the business increased during marriage and divide that increase. Other typical issues in a high-asset divorce include retirement accounts, stock options, 529’s, IRA’s, brokerage, savings, trusts (trust are divided in a divorce if both parties are on it), prenups and postnups, and spousal maintenance. With so much involved, you can count on a few things: 1. You will need an attorney; 2. Figuring out what assets and liabilities exist and the values of each will be critical, which means you can expect professionals other than attorneys to be involved. What that means for you is you want to find an attorney who is well-versed in all these financial assets and works well with other attorneys and professionals. You want an attorney who is knowledgeable, well-organized and resolution-focused but who can, if necessary, represent you vigorously in Court. An attorney who is not familiar with the kind of assets at stake or who is disorganized or wants to fight over every issue will cost you significant money.International Divorce in Arizona
Many Arizonans are from somewhere else, including many immigrants. Some of whom married in their homeland and moved here and now want to get divorced here. Some of whom may have divorced in another country before moving here. And, in some cases, one spouse moved here, and one remained behind. We often get three questions regarding international law and divorce:- Is my divorce from another country valid in the United States?
- If I got married in another country, can I get divorced here?
- If my spouse lives in another country, can I get divorced here?
- To end the marriage, one of the spouses must have lived in Arizona for the last 90 days.
- To determine custody, Arizona must be the place where the children have, most recently, resided for six consecutive months or more.
- To divide the property and award either spousal maintenance or child support, Arizona must have “personal jurisdiction” over the spouse; i.e., the other spouse must have some connection to Arizona that would permit the state to divide their property. It is a complicated concept, and if you have questions whether Arizona might
International Marriages in Arizona
Many Arizonans choose to have a destination wedding in places like Mexico or the Caribbean. Additionally, many Arizonans are from somewhere else, and a good number of immigrants who married in their homelands before coming to the United States. Are those marriages valid in Arizona? Others may have some sort of a defect in their wedding ceremony that makes them question whether they actually were married. Maybe they find their officiant wasn’t really authorized to marry them or didn’t file the certificate. Maybe they neglected to get a wedding license. Are those marriages valid in Arizona? If you have questions about the validity of your marriage, we have some answers here, but it may be best to consult with an attorney. International Marriages, Part I: Valid there, valid here A.R.S. § 25-112(A) should give peace of mind to most people who married in a foreign country. The law simply says that if the marriage was legal where you got married, Arizona recognizes it as a legal marriage. In other words, it doesn’t matter if you were married in a church in Phoenix or a beach in Jamaica. As long as your marriage was legal where it was performed, you are married under Arizona law. There is an exception—the marriage has to be one that is legal in Arizona. For instance, Arizona does not allow first cousins under the age of 55 to marry; some states and countries do. If first cousins in their 20s marry, Arizona will not recognize the marriage even if it was legal where it took place. There are a few other marriages that are invalid and will not be recognized in Arizona, including, most commonly, a marriage where one party was not yet divorced from their first spouse when they remarried. International Marriages, Part II: Invalid there may be valid here. But even if a marriage is invalid where it took place, it may be legal here if it would have otherwise complied with Arizona law. The famous case is one where an Arizona couple had a destination wedding in Puerto Vallarta, Mexico. They believed their officiant was licensed to perform the ceremony—she was not. Under Mexican law, that meant the marriage was not valid. But under Arizona law, if one party has a good faith belief that the officiant is licensed to marry the parties, Arizona can recognize the marriage as valid. So in that case, the Court of Appeals instructed the judge hearing the case to determine if the wife genuinely believed the officiant could marry the couple, and if the court determined she did, the judge should consider the marriage valid in Arizona. Out-of-State Marriages: Same rules apply as those for international marriages. The same rules for international marriages apply to marriages performed in another state. Fewer people ask about this because most people are aware that if they married in California, they do not get divorced by simply moving to Arizona. But, like international marriages, if a marriage is void under Arizona law, Arizona law will not recognize it. This was a big issue not too long ago with same-sex marriages that were legal in some states but not in Arizona. That changed in 2014 with the U.S. Supreme Court’s landmark decision in Obergefell v. Hodges that legalized same-sex marriages. The other types of void marriages (first cousin, parent-child, sibling, bigamy, underage, etc.) remain an issue, but are much more rare.Legal Separation in Arizona
Legal separation is almost identical to a divorce in every way except one: You are still married at the end of it. Otherwise, the process and issues are the same: The community property needs to be separated, what happens with the children need to be decided, and the court must rule on whether one party is entitled to child or spousal support from the other party. The only difference is you are still married at the end of the proceedings. Some people think that just because they are living apart, they are legally separated. That is not a legal separation. You are still married, and still accumulating marital property in the eyes of the law. A legal separation can only happen through the Courts. There are many reasons why someone might choose to get legally separated. Some of the common reasons are (1) to remain on certain benefits belonging to the other spouse, (2) to avoid liability for the other spouse’s actions or business dealings, (3) for emotional reasons because the parties are not ready to divorce, (4) for religious reasons, or (5) to separate themselves financially. As for separating the parties financially, legal separation is the strongest option for people who don’t want to live under community property laws but want to remain married. The reason why legal separation is stronger in this regard than a postnuptial agreement is because a postnuptial agreement is more easily set aside or overturned. Both parties must agree to a legal separation. If either party wants to convert the legal separation into a divorce, they may do so. If at a later date the parties want to divorce they can begin that process.Postnuptial Agreements in Arizona
A postnuptial agreement is like a prenuptial agreement except that it occurs during the marriage. It allows the parties to define how they will hold property while they are married. As you know, Arizona is a community property, meaning that anything either party acquires during marriage—whether it be money, an asset, or a debt, belongs to each party, essentially one half to each party. But that is not how everyone wants to hold their property. Some couples are of the belief that keeping finances separate leads to a happy marriage. In other instances, one spouse might not want to be liable for the other spouse’s actions. In some cases, one party has just received a large inheritance and wants to assure it remains their separate property in the event of a divorce. A postnuptial agreement is an effective solution for those couples looking to escape Arizona’s community property laws. The process of obtaining a postnuptial agreement is the same as that of a prenuptial agreement: The parties must disclose to each other their full financial picture. And there must be an opportunity to negotiate with an opportunity to hire counsel for negotiating, if necessary. The terms of the agreement can deal with the division of some or all community property, may confirm that separate property belongs to one of the spouses, and can determine an amount for spousal maintenance. It cannot include terms regarding legal decision-making and parenting time (a.k.a. custody of the children). The risk of a postnuptial agreement is that it might not hold up in a divorce proceeding. During a divorce, the person who wants to enforce a postnup has the burden of persuading the Court to uphold the agree. In this way, it is different from a prenuptial agreement which is presumed to be valid and the burden is on the person challenging the prenuptial agreement.Prenuptial Agreements
Prenuptial agreements have an undeserved reputation. Prenups don’t condemn a marriage, they protect it. A prenup is no different than insurance. If something catastrophic happens, you’re covered. You have one, but never expect to need it. And if you do need it, you will be glad you have it. Prenuptial agreements can be customized to your specific needs. They can define how your financials, property, businesses, personal items, debts, and even spousal maintenance are handled in the event of a divorce. No fighting over who gets what. This protects your personal property, makes a divorce much more amicable, and can save couples tens of thousands of legal fees and months of stress. It can help couples move on quicker and keep the post-divorce relationship as peaceful as possible, which is especially important when the couple has children together or a blended family.Same-sex Divorce in Scottsdale, Arizona
A same-sex divorce is, in almost every respect, the same as an opposite-sex divorce. The process is the same, the issues are the same. If no children are involved, a same-sex divorce is indistinguishable from a heterosexual divorce without children: The focus of the proceedings will be to divide the community property, to determine if either party has a claim to spousal maintenance, and to end the marriage. If both spouses are already established as legal parents of any children, then a divorce with children between a same-sex couple will also be the same as a divorce with children with a heterosexual couple: The Court has to apportion legal decision-making and parenting time (formerly known as legal custody and physical custody) and enter a child support order. What makes same-sex divorce different from heterosexual divorces is potentially one issue: Paternity of the couple’s children. Under Arizona law, when a married woman gives birth, there is a presumption her spouse is the child’s other parent. The Arizona Supreme Court has recently clarified that this presumption applies to same-sex spouse of a woman who gives birth. Additionally, the Arizona Court of Appeals has instructed the Department of Economic Security to adjust its birth certificate forms to recognize to list same-sex parents on the birth certificates with the titles “mother-mother” or “father-father.” While both of these advancements have rightfully been hailed as advancements for same-sex rights, many gaps and uncertainty still exist. For example, when children born to an unmarried woman in a committed same-sex relationship, her partner is not a legal parent and does not have even a presumption of paternity (unless an Acknowledgment of Paternity is executed). While spouses of married mothers have a presumption of paternity, Arizona law has not yet recognized a corresponding presumption for the spouses of married fathers who have a child during the marriage (complicated also by the fact that surrogacy is illegal in Arizona, which cuts down one of the avenues for men in a same-sex relationship to have a biological child). Additionally, a presumption of paternity is just that—a presumption. There are four presumptions of paternity under Arizona law. A presumption can be rebutted, and even a married spouse of the birth mother might find herself fighting for the legal parentage of her children. Simply put: This is an evolving area of the law that may not be moving as quickly as some may like. The good news is there may be some ways to avoid the possibility of this fight by having a spouse without a biological connection adopt the child.Separation Agreements in Arizona
A separation agreement is an agreement that the parties can enter into at the time they separate or divorce. It must be in writing to be enforceable. The Court can reject a separation agreement only on the basis that it is unfair, but a trial must be held before that conclusion can be made. Otherwise, state law requires the Court to set forth the agreement into the Decree. Unlike postnuptial agreements, a separation agreement can include agreements regarding the children. But these agreements are not binding on the Court. The Court can, however, include the parties’ agreements regarding legal decision-making and parenting time (custody) upon a finding that the agreement is reasonable with respect to those terms. What makes a separation agreement enforceable? The same thing that makes a contract enforceable. In legal terms, that means there must be an offer, acceptance, consideration (i.e., both sides are giving something up), and an actual agreement (in legal terms, “mutual assent”). Additionally, the agreement needs to be in writing, needs to be specific enough for the Court to understand each parties’ obligations under the agreement, and needs to be signed by both parties. Email signatures count as a signature.Spousal Maintenance in Arizona
Someone may choose to quit a good job because their spouse got a promotion in a new city. A couple may decide one of them should stay home to raise the children. Someone else may forego pursuing a degree to support their spouse as they earn theirs. These are all choices that make sense as long as the couple stays together. Then comes the divorce. And suddenly, one spouse is faced with a reality they had not prepared for—providing for themselves on their own. It can be challenging to transition back to the workforce and in some cases, it may not even be possible. That’s where spousal maintenance may come in. On the other side, being forced to pay spousal maintenance can feel unfair. Not only are they getting divorced, but now they must pay their spouse, even though their spouse is already getting a lot of the benefits and financial assets based on the overall division of property. Arizona has tried to balance these two positions through creating a spousal maintenance system that allows dependent spouses to transition to their independence.Uncontested Divorce in Arizona
Technically, there is no such thing as an uncontested divorce in Arizona. But realistically, you can get divorced in Arizona by agreement without any acrimony—or even having to step foot in the courthouse, but the process is different than what is traditionally considered an “uncontested divorce.” An “uncontested divorce” generally refers to a procedure in which spouses file for a divorce together jointly. That is not an option in Arizona. But what we do have is fairly similar. Here’s the simplest, quickest and best way to get divorced when you are in agreement or believe you can reach full agreements:- Discuss the outstanding issues and reach agreements. Mediate, if necessary. For every divorce, you must decide how you are going to divide the community property. You must also determine if one spouse will pay the other spouse spousal maintenance. If children are involved, you must also decide the custodial issues of legal decision-making (how decisions will be made regarding the children) and parenting time (the schedule of when the child is with each parent) as well as child support.
- Mediation. Mediation can be started before or after filing. Mediation is ideal where spouses are open to discussing the issues and negotiating an agreement. Mediation is not ideal in cases involving domestic violence, extreme anger, or where the parties are not willing to discuss compromise.
- Filing the Petition. Every divorce in Arizona starts the same way: By filing a Petition for Dissolution with the superior court. The person who files will be listed as the “Petitioner,” the person who responds will be listed as the “Respondent.”
- Service. In cases where the parties agree to the divorce, service is most often accomplished by Petitioner providing the Respondent with a copy of all the documents filed and having the Respondent sign in front of notary that they have received the documents. The document the Respondent signs is called an Acceptance of Service. This is filed with the Court.
- Wait 60 days. Even where the parties agree to the divorce, they must wait 60 days for the divorce before they can finalize the divorce.
- Draft, Sign, and File the Consent Decree. During the sixty days, the parties can draft up and sign the Consent Decree. This is the document that divorces the parties. If the parties have children, they must also file a Parenting Plan (which contains agreements regarding custody and child support as well as other items required by state law to be included in a Parenting Plan). The parties can choose to have a Property Settlement Agreement, which divides their property with significantly more layers of protection than does a Consent Decree.
- The judge signs the Consent Decree. Once filed, it usually takes 7-10 days for the judge to sign and the clerk to process the Consent Decree and send it back out to the parties. Once the Decree is signed, the divorce is finalized and the parties are no longer married, and their agreement becomes an order of the court.
Basis
A tax term describing the price a taxpayer paid to acquire a property. When a property or asset is sold, basis is deducted from the selling price to determine whether there is a taxable gain or loss. For items awarded in a divorce, those items are not taxed as part of the divorce transfer, but the basis for the spouse receiving the property is the same as the spouse’s adjusted basis, or, essentially, the original purchase price remains the basis.Best Evidence Rule
A requirement that parties only use original documents for evidence. However, exceptions can be made when the document is unavailable. See Rule 1002 of the Arizona Rules of Evidence. This rule generally does not apply in family law proceedings unless one party invokes Rule 2. See Invoking the Rule and ARFLP Rule 2.Best Friend of a Child
A non-parent of certain status who is allowed to bring a paternity or maternity proceeding under A.R.S. §§ 25-803 and 25-806. The term is not defined by statute or case law. Context and laws of other states suggest that this is a person who may bring a paternity or maternity action and temporarily act as a guardian ad litem until a guardian ad litem is formally appointed.Best Interest Attorney (BIA)
This is an attorney appointed by the court to represent the interests of the child (but they do not necessarily represent the child). Best Interest Attorneys are most commonly—but not always—appointed in cases where there are allegations of abuse.Best Interest Factors
These are a set of factors that a Court must consider whenever determining legal decision-making or parenting time. The Court must make written findings. The factors are found in A.R.S. § 25-403.Best Interests
This is the legal standard of proof in child custody cases. It means that you must show that whatever you are requesting is in the best interest of the child.Best Practice
A term used to describe an action, though not required by the law, is what effective attorneys do when litigating a case. For example, it is not necessary to register another state's custody (i.e., legal decision-making and parenting time) order before asking an Arizona court to enforce it, but it is best practice to do so because a savvy attorney knows most judges will not enforce the order unless it is certified as the controlling order.Beyond a Reasonable Doubt
This is a legal burden of proof the state must meet to convict someone of a crime in criminal court. It is not the standard of proof used in family law cases. Family law cases use a best interests standard for issues involving children, a preponderance of the evidence standard for most other issues except for a select few that specifically require “clear and convincing evidence,” I.e, evidence that is reasonably certain.Bifurcated Divorce
It’s where different parts of the divorce are handled by different courts. For example, in In re Marriage of Peck, 242 Ariz. 345 (App. 2017), the Court of Appeals found that Arizona lacked personal jurisdiction over Wife that is necessary for Arizona to divide marital property, but Arizona had jurisdiction to end the marriage (which requires only that one party be domiciled in Arizona for 90 days). The Court of Appeals ruled, in that case, Arizona could terminate the marriage, but it lacked jurisdiction to divide the property.Bigamy
When a person is married to more than one person at one time. When a person is already married, any subsequent marriage is void and will need go through an annulment process. Further, bigamy is a Class 5 felony under A.R.S. § 13-3606, but only if the person enters into the second marriage knowingly, i.e., they enter into a marriage fully aware that they are married to someone else. For example, let's say Bruce and Kathy filed for divorce a year ago. They both mistakenly believed they had taken all the steps to get divorced, but they had not, and unbeknownst to them, their divorce proceedings were dismissed. Kathy married Michael. She later finds out she is still married to Bruce. In that instance, her marriage to Michael is void (and she will need to file an annulment), but she is not guilty of the crime of bigamy because she did not marry Michael knowing that she was still married to Bruce. See also: void marriages, voidable marriageBilateral Transmutation
When the parties agree to transform one spouse’s sole and separate property into community property. See also Transmutation and Unilateral Transmutation.Black-Scholes Method
A differential equation is widely used to price unvested stock options. Arizona has rejected its use to determine a parent's child support obligation. Arizona also uses either the Hug or Nelson formulas to value stock options for dividing up those options in a divorce; therefore, at this time, the Black-Scholes method has limited applicability to an Arizona divorce--despite its widespread use in other contexts. See in re Marriage of Robinson of Thiel, 201 Ariz. 328, 334 ¶ 14 (App. 2001) (rejecting the Black-Scholes method for determining child support because it is not reliable enough for purposes of litigation). However, if the employee spouse's employment contract uses the Black-Scholes method to determine the value of the options, then the Court may use the method. See Engel v. Landman, 221 Ariz. 504, 514 ¶ 41 (App. 2009).Brief
These are the documents that each party files to make their case to the Court of Appeals. These tend to be lengthy, well-researched, heavily cited documents. The parts of a Brief include the Title Page, Table of Contents, Table of Authorities, Statement of the Case, Background, Issues Presented, Argument, Request for Attorney’s Fees, and Conclusion.Business Day
As defined by A.R.S. § 25-500(2), “a day when state offices are open for regular business.” See Judicial Day. See also ARFLP Rule 4(a).Case Number
Every family law case in Arizona is assigned a case number; the number used to identify the case by the Court system. In Maricopa County, all family law cases are assigned either an “FC” or “FN” number—FC cases involved children; FN cases do not. Family court was formerly referred to as Domestic Relations so old cases may have a “DR” prefix to them.Cause of Action
The reason someone is starting a new case. For example, in a divorce case, the cause of action would be to end the marriage.Ceremony (Marriage)
One of the requirements for a marriage to be valid, the ceremony occurs when the parties stand before an officiant and exchange wedding vows.Certificate of Compliance
This is a document you file with the Court of Appeals with the Brief in which you certify that your Brief stayed under the Word Count and that you used Times New Roman, 14-point font.Certificate of Readiness
A certified statement that the party filing a Motion to Set Trial files that states the matter is ready for trial. It generally includes a statement that the parties have either completed disclosure and discovery or will do so in the next 30 days.Certificate of Service
This is a document that you file with the Court whenever you file a Brief, Motion, Response, Objection, Transcript, etc. It certifies you’ve provided a copy to the other side.Certified Divorce Lending Professional (CDLP)
A mortgage lender certified by the Divorce Lending Association as someone who possesses specialized knowledge about lending to individuals who are divorcing or just recently were divorced.Change of Judge
When a party requests a new judge be assigned to the case under ARFLP Rule 6. Each party can do this one time, subject to the limitations and deadlines of Rule 6.Change of Judge for Cause
When a party requests a judge recuse themselves due to a conflict or bias. The reasons need to be one of those listed in A.R.S. § 12-409(B). See ARFLP Rule 6.1.Character Letter
A letter written by a family member or friend that vouches for a parent's conduct and appropriateness as a parent. In some circumstances, the letter is an attack on the other parent. These letters have little evidentiary value because the person writing is not testifying in court, where the other side would be permitted to attack their testimony. Additionally, character testimony is on the lower end of the spectrum of persuasiveness.Character of Property
A property’s “character” describes whether it is classified as community or separate property.Characterization of Property
The process by which property owned by the spouses is classified as community or separate property. Arizona law emphasizes when the property was acquired in this classification; whereas, traditional Spanish law, the origin of Arizona’s community property laws, emphasized how the property was acquired. Some of that Spanish tradition remains in the exceptions to community property (gifts and inheritance) and special carve-outs of community property (e.g., property acquired by lucrative title).Child Support
By law, every person has a duty to support their biological or adopted children. See A.R.S § 25-501(A). This applies without or without a court order. The term “child support,” though, generally refers the Court-ordered amount one parent is required to pay to the other parent.Child Support Calculation
This is the official calculation that the state produces every four years for calculating child support. Courts and attorneys use this calculation to determine the ongoing child support amount.Child Support Calculator
An online tool that people can use to see how much they potentially owe for child support. This tends to be as reliable as the information put into the Child Support Worksheet.Child Support Clearinghouse
This is the state agency that processes and tracks all child support payments. Though far from perfect, the Clearinghouse’s records can help parties avoid substantial litigation from fighting over whether child support was paid.Child Support Clearinghouse Calculation
A combination of both payment history, arrears owed, and interest owed, the Clearinghouse Calculation gives both parties an idea of exactly how much child support is owed. In a case on arrears, it is prima facie evidence of what is owed—that means the Clearinghouse Calculation will determine how much is owed unless a party can convince the judge that the Clearinghouse made a mistake in its calculation (and that does happen from time to time).Child Support Guidelines
A set of guidelines, prepared by a committee of attorneys and judges who review Arizona’s child support statutes, to help judges, attorneys, and litigants understand and calculate child support. A.R.S. § 25-500(3) defines the Guidelines as “the child support guidelines that are adopted by the state supreme court.”Child Support Income
The parent’s income on which they must pay child support. As defined by Arizona Child Support Guideline § II-A-1(b), “Child Support Income includes income from any source before any deductions or withholdings. Child Support Income may include salaries, wages, commissions, bonuses, dividends, severance pay, military pay, pensions, interest, trust income, annuities, capital gains, social security benefits (subject to Section VII.B), workers’ compensation benefits, unemployment insurance benefits, disability benefits, military disability benefits, recurring gifts, prizes, and spousal maintenance.”Child Support Order
The order signed by the judge for child support, which besides providing the amount of child support paid each month, directs how child support should be paid, how unreimbursed medical expenses will be divided, and which parent can claim the child on taxes each tax year. The order may also include orders regarding expenses for extracurricular activities, day care, or private school tuition.Child Support Subpoena
As defined by A.R.S. § 25-500(4), it means “a subpoena issued pursuant to section 25-520.” That section refers to the Department of Economic Security’s ability to subpoena anyone who may hold information necessary to establish, modify, or enforce child support.Child Support Worksheet
This refers to an Excel spreadsheet that contains Arizona’s Child Support Calculation. Attorneys and judges can use the Child Support Worksheet to figure out how much child support is owed. A Child Support Worksheet, which can be a print of the Excel document or an online Child Support Calculator, is required to be filed with certain items, including a Parenting Plan.Child-Related Dispute
As defined by ARFLP Rule 67.2, this is a "family law dispute regarding legal decision-making, parenting time, visitation, or financial support regarding a child." This definition is made in the Uniform Family Law Arbitration Rule, which the Arizona Supreme Court adopted as Rule 67.2. Despite its limited applicability to arbitrations, this term and its definition are commonly used and accepted throughout all family law proceedings.Child’s Attorney
An attorney who has been appointed by the Court to represent the wishes of the child. Though permitted by Rule 10, it is rare that a court appoints a child’s attorney in a custody case.China Doll Affidavit
This is an Affidavit signed by an attorney as part of an Application for Attorneys Fees. The name comes from the case, Schweiger v. China Doll Restaurant, Inc., 138 Ariz. 183 (App. 1983), in which the Court of Appeals discussed the standards an attorney’s billing must meet in order to qualify for an award of attorney’s fees.Choice of Law
Parties to a contract may agree to have a certain state’s laws apply to that contract in the event of future litigation. Most commonly in family law, prenuptial agreements have choice of law provisions. See Nanini v. Nanini, 166 Ariz. 287 (App. 1990) (upholding provision in prenuptial agreement that the Agreement would be governed by Illinois law).Civil Standby
When a former partner comes to pick up their items from the other partner's home and there is an Order of Protection involved, requesting a civil standby from police is mandatory. The arrangement for police to witness the gathering of items from the home can be arranged through your local police department. It is less common that police will perform a civil standby when there is not an Order of Protection involved, but if you feel unsafe, you may attempt to take precautions by requesting an appointment with your local police in order to keep the peace.Clear and Convincing Evidence
Certain issues in family law require clear and convincing evidence. Clear and convincing evidence is generally defined as evidence that is highly probable or reasonably certain. Kent K. v. Bobby M., 210 Ariz. 279 (2005). This is a step up from the preponderance of evidence that is used to decide most family law issues, and a step down from the reasonable doubt standard used in criminal court. From a practical standpoint, the clear and convincing evidence standard means that the person with the burden loses all close calls. Therefore, that person needs to find evidence that supports their position and is highly persuasive. This likely (but not necessarily) requires something more than just their testimony.Clerk of Court
An elected office at the county level, this is the person who is responsible for handling all filings that happen in the superior court. The clerk's office maintains all court files and stamps each court document. The clerk also imposes and collects the filing fees the court charges.Closely Held Stock
When a company is predominantly owned by either one shareholder or a small number of shareholders. In a business valuation during a divorce, closely held stock may be subject a marketability discount. The opposite is widely held stock where the stock is owned by many investors.Comity
A principle under which an Arizona court will recognize the judicial acts of a foreign court out of courtesy and respect for the foreign court. This applies to divorces made in other countries, so long as that country afforded each party due process.Commencement of the Proceedings
The start of a case. A case "commences" on the day a petition is filed. The status of how things are on the day a case commences is particularly important for certain matters, particularly for determining jurisdiction, e.g., a party has either been here for 90 days on the day they file, or they have not.Commingled
A fund or asset in which the money paid into it is a mix of separate and community funds such that it cannot be distinguished as to what part is community and what is separate. In that instance, the entire fund or asset is considered community unless the community transactions can be properly traced out.Commissioner
A commissioner is a judicial officer who decides single-issue matters, such as how much child support should be or whether an Order of Protection should be granted. The difference between a commissioner and a judge is largely procedural, and an order made by a commissioner has the same effect and impact as an order made by a judge.Community Funds
Money belonging to the marital community, or, more generally, any money either party earned during the marriage. The community funds can refer to the parties’ cash on hand or the funds used to purchase or pay on particular item. When community funds are used to purchase something, it is presumed community. When community funds are used to pay on property that is community property, the marital community gets a “lien” against that property.Community Labor
Any work either spouse conducts during the marriage. The paychecks for that work is considered to be community property.Community Lien
When community funds are used to pay for an asset, its loan/mortgage installments, or improvements on one spouse’s sole and separate asset, the marital community has a lien on the property. The spouse who owns that property must reimburse the other spouse one-half the amount of that lien at the time of divorce.Community Property
This is property that belongs equally to both spouses. It includes any property, asset, or liability either party acquires during the marriage with the exception of property acquired by gift or inheritance. Parties can opt out of community property laws with a prenuptial agreement or by getting legally separated. One commentator defined community property as the “system whereby the wealth which [the spouses] possess is common, belonging to both by halves.” Vaughn, “The Policy of Community Property and Inter-Spousal Transactions,” 19 Baylor L. Rev. 20 (1967).Community Property with Right of Survivorship
A way married couple can own property that is a variant of joint tenancy with right of survivorship. The difference between community property with right of survivorship and joint tenancy with right of survivorship is how taxes are calculated for the half the survivor. To calculate a profit or loss for taxes, you subtract what the taxpayer paid for the property (aka basis) from the price the taxpayer sold the property for. The basis for joint tenancy with right of survivorship is the value at the time the couple first acquires the home; the basis for community property with right of survivorship is the value at the time of the owner’s death.Community Waste
When a spouse has spent money on something that does not benefit the community, the other spouse may seek reimbursement for one-half of the amount during the divorce. This is called a "waste claim" and is authorized by A.R.S. 25-318(C) that allows a court to consider "excessive or abnormal expenditures, destruction, concealment or fraudulent disposition" of community property. The most common examples of waste are money spent on affairs, a gambling addiction, or a drug addiction. It also covers a situation where one spouse transfers a community asset to a friend or relative in an attempt to avoid having that asset divided in a divorce.Compelling Government Interest
A highly justifiable reason for why the government needs to restrict a rule or order that restricts one's constitutional rights. This is one of the standards courts employ when reviewing a law, rule, or order under the "strict scrutiny" standard. Under that standard, the law, rule, or order must serve a compelling government interest and be narrowly tailored.Conciliation Court
This is a court designated under Arizona law to assist families going through a divorce or child custody by (1) providing divorcing couple a chance to reconcile, and (2) helping parties resolve disputes amicably. These are accomplished through Petitions for Conciliation and Alternative Dispute Resolution.Conciliation Services
A division of the Court dedicated to helping litigants resolve disputes. Conciliation Services generally provides mediation services, such as Alternative Dispute Resolution, court-ordered mediation, Early Resolution Conferences, and Open Negotiations. They also provide a service where they attempt to help divorcing couples reconcile. See Conciliation Services Forms.Conflict of Laws
When it is unclear which state's laws should govern a dispute, there is a conflict of laws. Most commonly, in family law, this involves a prenup that the parties signed in another state, and they then moved and now are seeking a divorce where they live. What state law governs--the law where they signed the prenuptial agreement or the law of the state where they are getting divorced? Most prenuptial agreements sidestep this controversy by including a choice-of-law provision.Conformed Copy
A filing that bears the stamp of Court indicating that it was received by the Court.Consent Decree
When the parties agree on all issues in a divorce, they draft and submit a Consent Decree. The Consent Decree should contain all the parties’ agreements on all the outstanding issues. Where children are involved, a Parenting Plan must be included with the Consent Decree. If property is involved, a Property Settlement Agreement is also commonly used. The parties review the documents, and once everyone is satisfied with the language, the parties sign it in front of a notary. If they are represented, their attorney also signs it. Once the Court signs it, it becomes an order of the Court and the parties are officially divorced.Consideration
What a party is required to give up under the terms of a contract. Both sides must have consideration in order for a contract to be valid and enforceable. For example, A and B agree that A will walk B’s dog for $10. A’s consideration is the $10 that A is giving; B’s consideration is the time B is giving up time to walk the dog. But if, instead, the agreement was only the A gives B $10, and B is not required to do anything, then they do not have an enforceable contract because B has no consideration.Consolidation
When pending cases or petitions involve the same parties, child, or question of law or fact, the Court may consolidate the cases or petitions into one proceeding. See ARFLP Rule 5.Construction
The process of interpreting a law, rule, Decree, order, or Agreement. Courts follow well-defined rules in interpreting these documents. The purpose is to determine the meaning of a given passage and interpret it in the way that it was intended to be interpreted. See also Rules of Construction.Contempt
An action taken to punish someone for not complying with a Court order when they had means to do so. Frequently filed with a Petition to Enforce.Contribution
The name for the type of legal action (i.e., lawsuit) that gets filed when a creditor has come after one spouse for the full amount owed on a community debt, even though the Decree assigns some or all of that debt to the other spouse. Generally, both spouses are jointly liable for all community debts, and the creditor may pursue payment of the debt from either spouse. A Divorce Decree does not affect the creditor's ability to do so. The spouse who has been forced to pay may initiate a court action requesting the other spouse reimburse them in accordance with the Decree by filing a Rule 85 motion or by initiating a lawsuit.Controlling Order
Where more than one order has been issued on a topic, the controlling order is the one that is currently in effect, i.e., it is the order that supersedes the others. Consider two examples: At temporary orders, the court orders a parent to pay $500/month in child support; later, the parties settle their case and agree that the parent should only pay $375/month. They submit their agreement, and the Court adopts it as an order. That new order for $375/month is now the controlling child support order--it is the order in effect. In our second example, both parents file for emergency custody in different states: one in Arizona, one in California. Both judges granted their request for an emergency custody order. Thereafter, the parties learn of the conflicting orders. They request that the judges get together to determine jurisdiction. The judges do so and determine that Arizona was the state with jurisdiction. At that point, Arizona's order is the controlling order.Conventional Community of Property
A jurisdiction where parties can opt in to holding their property under community property principles. An archaic term, it describes the old Spanish form of community property where the marital community was formed by contract and not automatically imposed by law upon the marriage of the parties (as happens in legal community of property jurisdictions). Some traditionally equitable distribution states have begun following this model, allowing their citizens to opt into community property laws.Convicted Spouse
As used in A.R.S. 25-318.02, a convicted spouse is someone who, while married, is sentenced to 80 years or more. In that limited situation, the convicted spouse forfeits their right to all community property in the event of a divorce or legal separation.Court of Appeals
This is the Court that hears appeals and special actions from the decisions made by the superior court. A panel of three judges reviews each appeal and issues a ruling. The Arizona Supreme Court is the only state court higher than the Court of Appeals.Court of Appeals Division One
Court of Appeals Division One is located west of downtown Phoenix near the state capital and in the same building as the Arizona Supreme Court, this Court hears appeals from the superior courts of Apache, Coconino, LaPaz, Maricopa, Mohave, Navajo, Yavapai, and Yuma Counties.Court of Appeals Division Two
Court of Appeals Division Two. Located in Tucson, this Court hears appeals from the superior courts in Cochise, Gila, Graham, Greenlee, Pima, Pinal, and Santa Cruz Counties.Court-Appointed Advisor (CAA)
This is a professional appointed by the Court, usually either a psychologist or a social worker, whose role is to interview the parties, the children, and relevant witnesses and make a recommendation to the Court regarding the custodial issues of legal decision-making and parenting time. They are primarily used to investigate situations where the fitness of one or more parents is at issue; however, best interests attorneys are generally preferred over CAA’s in cases where abuse is alleged. They are appointed under Rule 10.1 of the Arizona Rules of Family Law Procedure.Covenant Marriage
A specific kind of marriage that a couple can choose to form in accordance with A.R.S. § 25-901. Unlike a regular marriage, a covenant marriage can only be dissolved under the grounds listed in A.R.S. § 25-903, and a legal separation can only be granted under the grounds listed in A.R.S. § 25-904.Coverture
An archaic term and concept from English common law that described the legal status of a married woman as being merged with that of her husband, and the wife being dependent upon the husband and lacking the ability to manage her own affairs. In the 1969 Arizona case of Harber's Estate, the Arizona Court of Appeals declared this term to be utterly obsolete in Arizona, with women being recognized as independent human beings. See also During Coverture.Credit Report
A document that shows a party’s open debts, lines of credit, and credit card score. If requested and approved by the Court, you can request your spouse’s credit report from a credit reporting agency; this may help you identify assets and debts that your spouse has not disclosed to you. See A.R.S. § 25-318(H) and (I).Creditor
Someone to whom the marital community owes money.Cross-examination
When a witness is questioned on the stand, under oath, by the party who did not call the witness. Cross-examination almost always follows a direct-examination.Date of Filing
The day a petition is filed. The significance of this date is generally limited to being the date the case is initiated. That can become important if there is more than one filing, as in that situation, the earlier-filed petition generally (but not always) is the one that will be effective. For dissolution cases, the date of service tends to be the more significant date, as that is the date the marital community ends and the 60-day waiting period begins. However, for summary consent decrees, the waiting period begins on the date of filing.Date of Service
This is the date a Petition is actually served on the Responding party. The date of service is significant in three respects legally: (1) for all petitions, it is the date from which the time for the Responding Party to file an Answer begins to run. (2) For divorce, legal separation, or annulment actions, it is the date the marital community ends--so long as the divorce is eventually finalized on that Petition. (3) For dissolution or legal separation where spousal maintenance is an issue, it is the date the marriage ends for purposes of calculating the length of the marriage as part of the Spousal Maintenance Calculation.Debt Distribution Plan
A plan for how the community debts will be paid and who will pay them. Under A.R.S. § 25-318(J), upon the request of a party, the court must require the parties to submit a debt distribution plan.Declaratory Judgment
A ruling issued by the Court, upon a party’s request, to determine the rights and obligations of the parties under a contract or Agreement they have signed. The purpose of a declaratory judgment is to avoid lawsuits and instead intervene and clarify the terms of the Agreement before full-scale litigation ensues. While extremely rare in family law, the rules do allow for declaratory judgments. See ARFLP Rule 80.Default
When a party does not file an Answer, the other party can file an Application and Motion for Default and request all the items they listed in their Petition. The Motion for Default must be provided to the opposing party, and they are given ten (10) more days to respond. After that, the Default can be granted.Defined Benefit Plan
A type of retirement plan where the employee will receive a specified benefit in an unknown amount at retirement. A pension is the most common example of a defined benefit plan. For many defined benefit plans, the payment is usually calculated as a percentage of their final salary, and the percentage used is usually related to years of service. No account is kept for the employee. Therefore, in most cases, at the time of divorce, the employee does not yet have anything more than an expectancy of a future payout. The Court can still order the employee to make a lump sum payout of the non-employee spouse at the time of divorce. Or the Court can announce how it will determine how it will divide the pension when the employee retires and reserve jurisdiction to actually divide the pension at that time.Defined Contribution Plan
A type of retirement plan where a specified amount of money is contributed to a fund by an employer, employee, or both. A 401k is the most common example of a defined contribution plan. In most instances, the value of the employee's interest in the account is immediately known and can be easily divided in a divorce. To avoid tax penalties, it is usually best to "divide" the account via a tradeoff, i.e., where possible, let the employee spouse keep the account, and in exchange, the non-employee spouse gets a larger share of another asset. Though rare, some defined contribution plans may not be vested; in that case, if they are divided, the division may need to discount the probability that the account does not vest or that the employee dies before reaching retirement age.Department
As referenced in A.R.S. § 25-500(5), “Department,” when used in the child support laws, refers to the Arizona Department of Economic Security.Deposition
This is where a party is able to ask the other party, another witness (with leave of court), or a court-appointed professional questions under oath. Depositions generally can last a maximum of four hours. The person requesting the deposition must provide and pay for the services of a court reporter.Descent
An inheritance received through intestacy, i.e., through the estate of someone who died without a will. Property acquired this way during the marriage is an exception to community property laws provided they are kept separate from any community accounts, or, if mixed with community account, the funds are traceable. See A.R.S. § 25-211(A). See Intestacy, Devise, Commingled, and Tracing.Deviation
When the Court orders a child support or spousal maintenance amount different than what is on the Child Support Worksheet and the Spousal Maintenance Calculator. While Courts rely heavily both on the Child Support Worksheet and the Spousal Maintenance Calculator, the Court does not have to necessarily use the numbers produced by these documents. The Court must make written findings as to why it is not following the Worksheet or Calculator, including stating what the number would have been had they followed the calculation. For child support, the Court must also find the deviation is the child's best interests. For spousal maintenance, the Court must find the application of the Guidelines would be inappropriate or unjust.Devise
An inheritance received through a will. Property acquired this way during the marriage is an exception to community property laws provided they are kept separate from any community accounts, or, if mixed with community account, the funds are traceable. See A.R.S. § 25-211(A). See Descent, Commingled, and Tracing.Direct Examination
This is where a party asks questions of a witness they called to the stand. Direct examination is almost always followed by a cross-examination.Disclosure
Following Rule 49, this is when you provide documents, evidence, and information regarding your case to the other side. Any evidence you want to use must be disclosed to the other side. Disclosure is not filed with the court.Discovery
Governed by Rules 51 to 65 of the Arizona Rules of Family Law Procedure, this is the formal process of acquiring information that you need to put on your case. This includes options like interrogatories (written questions), depositions, subpoenas, and Requests for Productions. Discovery is not filed with the Court.Discretionary
A case where the parenting time decision requires the court to designate a primary residential parent, i.e., determine with which parent the child will primarily. See Wright v. Farris, --- P.3d --- (Ariz. App. 2025). In other words, it is a parenting time case where equal parenting time is not a possibility. Most commonly, this is for situations where the parents live in different states.Dismissal
A dismissal occurs when a judge throws out either a claim or the entire lawsuit. In family law, this occurs most commonly in a modification. Judges are required to review a Petition to Modify Legal Decision-Making and/or Parenting Time to determine if the reasons provided for a modification provide adequate cause for a modification and show a material change of circumstances affecting the child's well-being. In modifications of child support or spousal maintenance, the Court may dismiss if there is not a substantial change. The other common reason for a dismissal is where the parties miss the deadline to request an extension or to set a trial for a matter on the dismissal calendar.Dismissal Calendar
Also known as the Inactive Calendar, this is where the Court sets a deadline for the parties to take action in this case by either filing to extend the dismissal deadline or by filing a Motion to Set. The Motion to Set is generally for the Court to set a trial, but it may also be for the Court to set a Status Conference. If no action is taken by that date, the Court may dismiss the case altogether (though how quickly the Court dismisses the case is judge-dependent). The Dismissal Calendar is used to allow the Court to take a step back from the case while the parties complete their disclosure or discovery.Dismissal Deadline
The date set by the Court on which the parties must either file to extend the deadline or file a Motion to Set. If no filing is received by that date, the Court can dismiss the case in its entirety. We have seen cases where missing this deadline has cost a party significant money because, when a divorce is dismissed, the community is revived, and unless a Motion to Revive is successful, a new divorce case must be initiated.Disqualification
A judge might, under certain circumstances, not be permitted to continue in a case because there is an appearance of impropriety. For instance, in one case, one of the parties' attorneys was that judge's "preferred judge pro tempore" (i.e., when the judge was not able to work, this attorney was the judge's substitute). In that instance, even though there was no actual bias, the Court of Appeals felt it was best to do so in order avoid the appearance of impropriety.Dissolution
This is the Court’s word for a divorce. It means the marriage is dissolved or terminated and each party is now a single person. Arizona treats dissolution and divorce synonymously (in some other jurisdictions, a dissolution is when marriage ends by mutual agreement, and a divorce is where the parties don’t agree to end the marriage).Division (Courts)
A division of the Court refers to an individual judge’s courtroom and calendar.Division of Property
A general term referring to how the parties’ debts and assets will be allocated (divided) in a divorce decree.Divorce with Minor Children
A divorce in which the parties have minor children in common. The children can be the parties’ biological or adopted children. In a divorce with the children, the issues of legal decision-making, parenting time, and child support must be addressed, and a Parenting Plan will be submitted with the Consent Decree.Divorce without Minor Children
A divorce in which the parties do not have any minor children in common. If the parties have a minor stepchild, a minor foster child, or adult children but no minor children common to them, they would file a divorce without children.Docket
The Court’s chronological record of filings and calendar of hearings in a case. Dockets are publicly available online (although the documents themselves are not).Domestic Violence
For an action to be considered domestic violence, it must (1) be an act that meets the standard for the criminal offense of one of the following: homicide, attempted murder, assault, theft, criminal damage to property, trespassing, stalking, voyeurism, or harassment, and (2) the perpetrator and victim must have a relationship that is either familial or romantic. See A.R.S. § 13-3601 for more specifics.Domestication
The process of registering an order from another state, country, or territory in Arizona so that it may be enforced or, in the case of child support, legal decision-making, and parenting, modified (if all the jurisdictional requirements are met). The procedures for registering a foreign support order are particularly strict and should be followed carefully. A support order and property division order must be registered before they may be enforced in the state; the standards for enforcing parenting time and legal decision-making are more lax, and registration of a foreign order is not necessarily required, but many judges will require it before enforcing.Domicile
A domicile is different than and more than merely residing somewhere. A person is domiciled in the jurisdiction where they are physically present with the intent to remain, and they remain domiciled there until they physical relocate to that new place with the intent to remain there. For instance, Scott has been living in Arizona for the past three years. Scott is sent to New York to reside there for six months for corporate training, but he intends to return to Arizona. Scott is domiciled in Arizona. He may be “physically present” in New York, but he does not intend to remain in New York; he intends to be in Arizona. In contrast, Maria is moving from San Francisco to Phoenix. Just a mile short of the state line in Nevada, her car breaks down. At that point, Maria is not domiciled in Arizona because she is not yet physically present. The moment she crosses the state line with that intent to remain, she will be domiciled in Arizona. Until that moment occurs, she remains a domiciliary of California.Drahos Calculation
This is a formula used to calculate a community lien on a property. The calculation is C + [(C/B) x A] where C = contributions to principal, B = purchase price, and A = appreciation. Each spouse is entitled to half of the resulting calculation. Put another way: it requires the property-owning spouse to pay the other spouse half the community’s contributions in principal plus a percentage of the appreciation in proportion to the community’s contribution to the overall purchase of the home.Due Process
This is a constitutional right to have a fair court proceeding—or, in other words, to have one’s day in Court. This generally means two things: (1) Each party has notice of any claim being made against them, and (2) they have the opportunity to be heard on the issue in meaningful time and meaningful manner. This right is protected by the Federal and state constitutionsDuring Coverture
Although the concept of coverture is now obsolete in Arizona, the term "during coverture" persists within legal circles, though it has come to mean "while the parties were married."Early Resolution Conference
When both parties are unrepresented, the Early Resolution Conference (ERC) is the first “hearing” the Court sets. It’s actually not a hearing at all; it’s a mediation with a member of the Court’s staff to see if the parties can reach any agreements.Ecclesiastical-Abstention Doctrine
A legal doctrine that Courts may not get into matters of religious doctrine when deciding cases. From a family law perspective, this case arose in Ball v. Ball, 250 Ariz. 273 (App.2020), a case in which the issue was whether The Church of Jesus Christ of Latter-day Saints was sufficiently “Christian” to satisfy the Parenting Plan’s requirement that the child be taken to a Christian church. The trial court determined it was not. The Court of Appeals reversed and held that under the ecclesiastical-abstention doctrine, the Court should not have engaged in this analysis.Eligibility (for Spousal Maintenance)
The requesting spouse meets at least one of the factors enumerated under A.R.S. § 25-319(A). ASMG § 1(D).Emancipated Minor
An emancipated minor is one who the court deems to be self-sufficient financially and no longer dependent on his or her parent(s). The minor will need to show they can meet their own needs and will need to show they either have already been living on their own for three months, or that living with their parents would be unhealthy or unsafe, or that they have written consent from their parent. Once emancipated, the minor is no longer entitled to receive support from their parents. These cases are not family law cases because they are handled in juvenile court. They only come into play in family law because of the child support aspect.Emancipation
Emancipation is the term for when a minor no longer requires child support. Most commonly, emancipation occurs either when the child has (1) both turned 18 and graduated from high school, or (2) turned 19. Emancipation also occurs when the child marries, is adopted, becomes an emancipated minor, or dies.Endangerment Finding
In order to restrict a parent's parenting time on a modification, the Court must find that unsupervised time with the child endangers the child's physical, mental, moral, or emotional health. See A.R.S. 25-411(J).Enforcement
An action undertaken to get someone to comply with a court order. It is frequently combined with a Petition for Contempt.Entitlement (for Spousal Maintenance)
The court's determination that a party eligible for spousal maintenance should be awarded spousal maintenance. “After calculating the spousal maintenance amount under the Guidelines, and if the court determines the application of the Guidelines is just and appropriate, the Court must award the party spousal maintenance.” ASMG § 1(D)Equipoise
When evidence for and against a result is equally balanced, i.e., the evidence does not favor one side or the other. In such instances, courts must rule against the party who had the burden of proof.Equitable Defenses
In certain instances, a party can raise one of several equitable defenses to request relief from the Court. The equitable defenses apply when the statutes and rules don’t necessarily provide a defense, but there’s a reason why ruling in favor of the other party would be unjust. See also Waiver (Of an Argument).Equitable Distribution
See Equitable Division.Equitable Divestment
When spouses are married, and one spouse adds the other spouse to the title of their sole and separate property, the law presumes a gift was intended. But where the gift is made in the expectation of a long-term marriage, that gift is revocable (whereas most other gifts are irrevocable), and the Court may unwind such a gift where equity requires it do so.Equitable Division
As required by A.R.S. § 25-318(A), the Court is to divide community property “equitably.” Generally, this means equally, but the Court can do an unequal division whenever fairness requires. Toth v. Toth, 190 Ariz. 218, 221 (1997). The Arizona Supreme Court explained that “equitable” is a concept of fairness that must be applied on a case-by-case basis, but in most cases, an equal division is what is most equitable. Id.Equity
Equity is a principle that permits the Court to apply certain principles in order to achieve a just and fair result. The applications the Court may employ are called equitable defenses. Arizona’s family law courts are courts of equity. Atkinson v. Atkinson, 405 P.2d 919, 921 (1965).ERISA
A federal law designed to promote uniformity in how employer-provided benefits are distributed to employees. Of relevance to family law, ERISA supersedes Arizona’s Revocation-upon-Divorce statute. Under ERISA, if you named your spouse as the beneficiary of an employer-provided plan, they remain the beneficiary even after a divorce. ERISA applies to items like a pension, 401(k), and other employer-provided benefits.ERISA Pre-emption
ERISA is a federal law that governs employer-provided retirement benefits. Because federal law is the supreme law of the land under the constitution, ERISA "pre-empts" (i.e., supersedes or overrules) any conflicting state law. Most notable in the family law context, ERISA pre-emption means that Arizona's automatic revocation statute does not apply to employer-provided benefits, or put more simply: If your spouse is the beneficiary of your employer-provided retirement plan, and you get divorced, your spouse is still the beneficiary. ERISA applies, not the state law that would have automatically removed your spouse as the beneficiary does not apply. To remove your former spouse as the beneficiary, you will need to execute new paperwork through your employer/plan administrator.Exchanges
This is the procedure for how children are transferred from one parent’s care to the other when custody is shared. An exchange procedure must be included in any Parenting Plan.Exhibit
For a hearing or trial, an exhibit is documentation introduced to the Court to be used as evidence for Trial. Exhibits can also be attachments to motions, pleadings, letters, etc. in support of the document.Extracurricular Activities
These are activities the child may participate in, such as Little League baseball, dance classes, piano lessons, soccer, science day camps, etc. They are relevant to a family law proceeding as they relate to reimbursement for those activities. Generally, both parties are responsible for agreed-upon extracurricular activities.Extraordinary Care Expenses
These are costs incurred for a child who is either gifted or has special needs that require the parents spend more money what is typically necessary for the needs of a child. Typically, such expenses need to be agreed upon in order to be included, but the Court can order their inclusion. CSG § III(B)(6).Extraordinary Work Regiment
A defense available to a parent who is working overtime or a second job to ask the Court to not include those extra hours and wages as income for child support purposes. See Arizona Child Support Guideline § II-A(3)(b).Extrinsic Evidence
Another term for parol evidence, evidence that is used to clarify meaning in an agreement between the parties. Extrinsic evidence is generally not allowed.Family Court Department
In Maricopa County and Arizona's other large counties, the superior court is divided into departments where certain courts within the county are assigned to hear only family law cases. Despite the name, case law has made clear that the division of the court into departments is purely imaginary, and the superior court forms one statewide court of general jurisdiction. Therefore, if necessary, a judge in the family law court has jurisdiction to hear any type of controversy for which the superior court would have jurisdiction; this means they can join parties or other suits if necessary to expedite the resolution of a dispute.Family Law
A term that describes divorce proceedings, child custody proceedings, or child support proceedings. The term does include grandparent rights and other third-party rights cases where either visitation is sought or legal decision-making and placement are sought. The following are not considered to be family law under Arizona’s use of the term: adoptions, termination of parental rights, minor guardianship, dependencies (cases in which DCS has removed a child), adult guardianships, contests over a will, probate proceedings, and property disputes between a couple who used to reside together.Family Law Dispute
As defined by ARFLP Rule 67.2, this is "a contested issue arising under Title 25 of the Arizona Revised Statutes and within the scope of the Arizona Rules of Family Law Procedure." This definition is made in the Uniform Family Law Arbitration Rule, which the Arizona Supreme Court adopted as Rule 67.2. Despite its limited applicability to arbitrations, this term and its definition are commonly used and accepted throughout all family law proceedings. Under this definition, certain proceedings that may have a "family law feel" are not family law. This includes all dependencies, guardianships, and termination of rights cases because the Legislature has placed those cases in Title 8 and heard by the juvenile court rather than the family court.Family Law Master
As defined by Rule 74(a), “An attorney or other professional with education, experience, and special expertise regarding the particular issues referred to the master.” A family law master can be appointed by stipulation or court order and can decide any issue except those related to the custodial issues of parenting time and legal decision-making.Family Law Proceeding
A proceeding brought in regards to divorce or child custody; more technically, a court proceeding filed under Title 25 of the Arizona Revised Statutes.Family Support
A general term for when spousal maintenance and child support are ordered together but the amounts are not separated by the order. This is generally only permitted with temporary orders.Fault Divorce
This is a requirement that a divorce can only be granted if there is some sort of fault by one of the spouses, such as a spouse committed adultery. Arizona is a no-fault state unless the parties entered into a covenant marriage. Because it is a no-fault, Arizona courts will not get into the reasons why a marriage fell apart.Final Legal Decision-Making Authority
If the court orders joint legal decision-making with one parent having final decision-making authority, the parties must attempt to agree on all decisions related to the child’s health, education, religious upbringing, or personal care, but if they can’t reach agreements, the parent with final decision-making authority gets to make the decision.Findings of Fact
The Court’s findings as to what facts are true or not true.Fitness
This means the parent can safely watch the child. In Troxel v. Granville, the U.S. Supreme Court defined a fit parent as who “adequately cares for his or her children.”Fitness Concerns
This describes concerns about whether a parent can safely watch the child or can adequately meet the child’s needs. Typical fitness concerns include substance abuse, domestic violence, severe mental health issues, etc. But less serious concerns can be considered by the Court if it shows the child would not receive adequate care while in one parent’s care.Fluctuating Income
Income that varies from month to month. Fluctuating income is annualized for both child support and spousal maintenance. In other words, the Courts take an average of what was earned over the past few years in that season income.Foreign Order
An order issued by any Court outside of Arizona. This includes courts of other states.Fraud
Fraud involves knowingly making a false statement or misrepresentation (more simply, lying). Failing to make a truthful statement may also constitute fraud in some circumstances (lying by omission). Depending on the context, fraud may result in a criminal charge and/or a civil lawsuit.Fraud Upon the Court
Fraud upon the court (also referred to as “fraud on the court”) is exactly what it sounds like—someone commits fraud relating to a judicial matter. A family law example of fraud upon the court would be failing to disclose the existence of payments of thousands of dollars to the court and opposing party in a spousal support matter. See McNeil v. Hoskyns.Full Faith and Credit Clause
Full Faith and Credit Clause - This is a clause in the United States Constitution requiring states to honor the judicial acts of other states.Ganancial
The Spanish system of law regarding marital property. It’s the common ancestor of all community property systems within the United States. It viewed property acquired before marriage as separate, and property acquired during marriage as community.Gift Bonus
A bonus given by an employer to an employee out of the employer’s “charity, affection, liberality or the like” and not as compensation for services rendered. Such bonuses are considered to be gifts and are usually not considered to be community property, particularly if they are received after the date of service. See also Remuneratory.Golden Handcuffs
These are financial benefits that encourage an employee to stay with a company. Most commonly, these refer to unvested stock options or restricted stock units that provide an employee with a financial benefit should they be employed with the company at a certain date in the future; if they are not employed, they forfeit the benefits. At a divorce, if the employee-spouse leaves the company, the other spouse might claim waste for the unrealized benefits that the employee-spouse forfeited.Good Faith Consultation Certificate
A certified statement that the party filing a motion for certain sanctions has made good faith efforts to resolve the issue with the other party before filing. It is governed by ARFLP Rule 9(c). Required, by certain rules, to be filed for certain motions, including a Motion to Compel.Goodwill
“An asset, intangible in form, which is an element responsible for profits in a business. It has also been defined as, in its broadest sense, reputation.” Wisner v. Wisner, 129 Ariz. 333, 337, 631 P.2d 115, 119 (App. 1981). It’s the idea that when a business has been operating for a while, its reputation has value that draws in repeat customers.Gratuitous Title
A synonym of lucrative title. It is property acquired during the marriage without the use of marital labor. It is generally considered to be separate property as a result.Gray divorce
A divorce involving a couple where both parties are over 50 and they do not have any minor children.Gross income
While it generally means an individual’s total earnings before deductions and taxes. Under § II-A(1)(a) of the Arizona Child Support Guidelines, the meaning of the term “gross income” for child support purposes does not have the same meaning it does for tax purposes.Habitual residence
The jurisdictional standard, under The Hague Convention, for which country can exercise jurisdiction over a child for purposes of determining custodial issues.Hearsay
The legal definition of hearsay is a statement made out of court that is offered in court as evidence to prove the truth of the matter asserted. See Rule 801(c) of the Arizona Rules of Evidence. More simply, it’s going into court and telling the judge something someone else told you. In most court systems, the rules of evidence preclude hearsay evidence from being considered (unless an exception applies). In family court, under ARFLP Rule 2(b), hearsay is permitted unless someone invokes ARFLP Rule 2(a), which requires the Court to use all the Rules of Evidence, including the hearsay rules.Id
A citation shorthand that refers to the immediately preceding legal authority. It is used when you cite again from the source you last cited to.Identification of Parent Clause
A clause written into some Parenting Plans that is aimed at preventing either parent from identifying a stepparent as a "parent," e.g., mother cannot have the children call her new boyfriend or husband "Dad." Many people in this situation tell us that their new significant other is more of a parent to the child than the other legal parent is. And that may be. But until a parent's rights are terminated, with or without this clause, Courts do not respond well to children calling a non-legal parent "Dad" or "Mom." This clause is generally seen by family law judges and attorneys as a means to protect a child's relationship with each parent.Immature Pension
A pension that is not yet fully vested, i.e., at the time of divorce, the employee spouse cannot yet begin receiving payments from the pension. It is also possible that they never will qualify to receive benefits from the pension. An immature is still divisible in a divorce. The Court may order the employee spouse to make a lump sum payout to the nonemployee spouse at the time of the divorce, or the Court can determine how it will divide the account when it matures and reserve jurisdiction to divide the account when the pension matures.Immediate Property Interest
In Arizona, each spouse's property interests are immediate, present, and vested. The immediate part of this equation is that each spouse's right to possess the property occurs concurrently with the community's acquisition of the property. Additionally, each party's interest in the separate property awarded to them in a divorce is also immediate. In Dole v. Blair, the Court of Appeals struck down a trial court's order that required Husband and Wife maintain the home Wife lived in until the youngest child turned 18 because that order interfered with the spouse's right to immediately possess his property. In other words, Court cannot make spouses wait to receive their property. There are couple exceptions to be aware of: (1) The Court can permit a reasonable amount of time for the parties to sell an asset, such as a home, after the divorce, and (2) the parties can agree to jointly hold property beyond the divorce.Impartiality
The principle that judges must rule on the merits of the case and not favor either party. Judges are supposed to be impartial, and when a ruling goes against a litigant, it is easy for a litigant to claim the judge was biased. Because of this, the legal standards for getting a ruling thrown out because of a judge's bias are exceptionally high and very rarely successfully.Imputed income
Also known as attributed income, this requires the Court, in a child support proceeding, to attribute a parent an amount of income if they are not sufficiently employed. It finds its basis in A.R.S. § 25-320(N), which reads, “The court shall presume, in the absence of contrary testimony, that a parent is capable of full-time employment at least at the applicable state or federal adult minimum wage, whichever is higher.” See also Child Support Guideline § II-A-4.In camera
When the judge reviews materials or conducts certain judicial tasks outside the presence of the parties. One example is a child interview, which a Court is required to do in camera to record the interview under AFLP Rule 12.In Contemplation of Divorce
This phrase describes certain agreements (most commonly, Separation Agreements) that the parties reach that are made with the expectation that the parties will be going their separate ways.In loco parentis
“A person who has been treated as a parent by a child and who has formed a meaningful parental relationship with a child for a substantial period of time.” A.R.S. § 25-401(1). Another way of looking at it: The child views a non-parent like they would a parent, usually requires the non-parent to be a primary caretaker of the child. A non-parent seeking legal decision-making and placement of a child under A.R.S. § 25-409(A) must show that they stand in loco parentis to the child.Inactive calendar
Also known as the Dismissal Calendar, this is where the Court sets a deadline for the parties to take action in this case by either filing to extend the dismissal deadline or by filing a Motion to Set. The Motion to Set is generally for the Court to set a trial, but it may also be for the Court to set a Status Conference. If no action is taken by that date, the Court may dismiss the case altogether (though how quickly the Court dismisses the case is judge-dependent). The Inactive Calendar is used to allow the Court to take a step back from the case while the parties complete their disclosure or discovery.Inception of Title
The rule that when determining whether a certain piece of property is community or separate, the Court looks for to when a spouse first obtained the right to hold title. This applies to situations such as, for example, a Husband buy a house the day before the marriage and receives the title after marriage. We judge it from the date he received the right to title (the purchase date), not the date he received title. And because that date is before the marriage, it is presumed to be sole and separate property. (If it was acquired by one of the spouses during the marriage, it is presumed to be community property. If it was acquired by one of the spouses before the marriage, it is presumed to be that spouse’s sole and separate.Inchoate
This is a legal term for something that has begun but it not yet completed. The most common use in legal terms is that of inchoate crime where some has taken steps to commit the crime but has not completed the crime; for example, this could include a situation where someone pays a housekeeper to steal the homeowner's jewelry, but the theft never takes place. "Inchoate" as used in family law has much more boring applications. See Abbott v. Abbott, 560 U.S. 1 (2010),Inchoate Property Interest
The antiquated description in some jurisdictions of wife's ownership interest in the community assets during the marriage as "inchoate" until divorce occurs. This description was used because in most community property jurisdictions (including in Arizona until 1973), the husband alone controlled community assets during the marriage. In community property jurisdictions that followed similar laws at the time, the wife's interest was said to be "inchoate." Arizona, though, even pre-1973, found a wife has a vested interest in the community property; therefore, because it was vested, it could not be taken from Wife by operation of law without due process.Income
As defined by A.R.S. § 25-500(6), “any form of payment owed to an individual, regardless of source, including wages, salaries, commissions, bonuses, workers' compensation, disability payments, payments pursuant to a pension or retirement program and interest.” See also child support income and imputed income.Income Withholding Order (IWO)
A court order sent to an employer of someone obligated to pay child support or spousal maintenance, directing the employer to take the amount owed for support.Incorporated but not merged
A Property Settlement Agreement may be referenced in a Consent Decree by using the phrase “incorporated but not merged.” This means the Court is adopting the Property Settlement Agreement as a final agreement between the parties, but the Property Settlement Agreement retains its contractual status separate from the Decree.Indefinite Spousal Maintenance
This is where spousal maintenance is awarded either on an open-ended basis or, more commonly, for the life of the recipient. Because spousal maintenance is supposed to help a spouse transition to financial independence, these kinds of spousal awards are disfavored. However, the Court may still order lifetime spousal maintenance upon a finding that the receiving spouse is unlikely to ever achieve financial independence.Indispensable Party
This is a procedural term for when a person who is not one of the spouses must be joined to a divorce. An indispensable party is "one without whom the [divorce] could not proceed." Gerow v. Covill, 192 Ariz. 9 ¶ 20 (App. 1996).Injunction Against Harassment (IAH)
A protective order where there is no familial or romantic relationship between the parties.Installment
This term refers to each monthly payment that is due for child support or spousal maintenance. For spousal maintenance, there are generally two options: (1) a lump-sum payment where all the spousal maintenance is paid at house, or (2) an installment plan where spousal maintenance is paid out each month. The installments become due on the first day of each month while a support order is active.Insufficient process
One of the defenses that can be raised against a Petition under Rule 29(b)(6) of the Arizona Rules of Family Law Procedure. “Insufficient process” differs from the defense of “insufficient service of process” in that insufficient process complains of defects in the Petition, Summons, or other Initial documents and is not related to how the Petition was served.Insufficient Service of Process
One of the defenses that can be raised against a Petition under Rule 29(b)(6) of the Arizona Rules of Family Law Procedure. “Insufficient service of process” differs from the defense of “insufficient process” in that insufficient service of process refers to a defect in how the paperwork was served on the responding party.Intangible property
Property that is not physical or touchable in nature, such as cryptocurrency and intellectual property (trademarks and copyrights) and the goodwill of a business. See Tangible Property, Personal Property, and Real Property.Intentional Tort
The short definition is purposefully harming someone in such a way that the other person can sue. The longer explanation A tort occurs when someone harms another person. More simply, a tort is an action that gives rise to a lawsuit. The most common tort is a personal injury tort, e.g., someone drives negligently and causes an accident, and the other driver sues to recover for how they are harmed (i.e., medical bills, auto repairs, lost wages, pain and suffering, etc.). An intentional tort takes it to a different level. This is where someone intended to harm the other person; intentional torts are frequently crimes, but the difference between the two comes in the Court proceeding--a crime is brought by the state (or other authorized governmental entity) in criminal court, and consequences such as imprisonment or fines; whereas, an intentional tort is filed by the victim in civil court and consequence is generally an award of money to cover the damages the victim suffered. The focus of a criminal proceeding is to determine guilt and to administer justice. The focus in a civil proceeding is to determine liability and make the victim "whole." When a spouse commits an intentional tort, the community is generally liable only to the extent the community benefited the tort, i.e., if a spouse embezzles, and the embezzled funds are used to buy a house, that house may be subjected to repossession in a lawsuit even though it is community property.Interrogatories
This is a discovery tool where one party sends the other party questions for that party to answer under oath. There is generally a 40-day deadline for the responding party to answer and return their answers to interrogatories. See ARFLP Rule 60.Intervenor
This term in family law refers to an outside party becoming an active party in a case. For example, a grandparent seeking third-party rights is the intervenor when father and mother are active participants in a case. See A.R.S. § 25-409Intestacy
The process of dividing the estate of someone who died without a will. This can have a substantial impact on the surviving spouse’s share of the community property. See Intestate Succession.Intestate Succession
The process through which a Court determines the heirs of someone who died without a will. When a married person dies without a will, their spouse (the surviving spouse) keeps their half of the community property and inherits at least half of deceased’s separate property. If the deceased is married with either no kids or all the deceased children are the children of the spouse, the spouse inherits everything. See A.R.S. § 14-2102(1). But if the married spouse has children that are not the surviving spouse’s children, those children and the spouse divide the deceased’s separate property, and the children get the deceased’s half of the community property. A.R.S. § 14-2102(2). See Intestacy.Invoke the Rules
When a party requests strict compliance with the Arizona Rules of Evidence under ARFLP Rule 2. This means the personal knowledge, hearsay, foundation, and best evidence rules. See Rule 2.Irreconcilable differences
This is a legal term that means the marriage cannot be saved.Issues presented
This is the part of the Appellate Brief where you detail the questions you want the Court of Appeals to answer in making its ruling. They should be posed in the form of a question.Item-theory state
States that require every piece of property be divided in half. Arizona rejects this approach. See Aggregate Theory State.IV-D Proceeding
In a child support matter where a child is receiving certain state benefits, the state becomes a party to the child support proceeding. Because the state is an additional party in the action, the child support hearing is held separately from other proceedings related to the child. The term IV-D refers to the section of the Temporary Assistance for Needy Families Act, a federal bill, that required states to hold IV-D hearings.Joint legal decision-making
If the court orders joint legal decision-making, the parties must agree on all decisions related to the child’s health, education, religious upbringing, or personal care.Judge
A judge is an individual appointed by the governor to resolve disputes between people in the Superior Court of Arizona. All divorce and child custody cases are tried in the superior court, and the judge is the one who decides what will happen.Judgment
A judgment is a court order that is a decision in a lawsuit.Judgment
A judgment is essentially a court order that is a decision in a lawsuit, though some technicalities apply. A judgment states the Court’s final decision and is certified as final under Rule 78. Judgments are enforceable, and may, in certain cases, be recordable as a lien against property.Judgment Creditor
The party who is owed money from the other party under the judgment.Judgment Debtor
The party who owes money to the other party under the judgment.Judgment Debtor’s Exam
A legal proceeding in which the judgment creditor asks the judgment debtor questions under oath to determine what assets the judgment debtor has and where they are located. The purpose of the exam is to allow the judgment creditor the information they need to garnish, levy, lien, or seize the judgment debtor’s property to satisfy the judgment.Judgment in personam
A judgment against a person, such as a judgment that imposes personal liability upon a person. In a divorce decree, the Court’s rulings on issues such as spousal maintenance, child support, and attorney’s fees are considered to be judgments in personam. See also Judgment in rem.Judgment in rem
A judgment against a property, thing, or status. In a divorce decree, the Court’s rulings dissolving the marriage and dividing the property are considered judgments in rem.Judicial Assistant
This is a person who does clerical work for the Court. Unlike the judge they can speak to parties to answer very simple procedural questions that requires no legal advice, such as whether a motion has been received. It is always important to respectful toward JA’s.Judicial Bias
When a judge does not uphold the requirement that the judge be impartial. Suspected by pretty much any litigant who gets a ruling that goes against them, this is rarely proven. As upset as one might be by a ruling, it is generally not worthwhile to pursue a claim that the judge was biased against you unless real evidence exists of a conflict and bias (and the ruling that went against a litigant does not count). See also Partiality.Judicial Day
Days that the Court are open; realistically, it’s the same as a business day. See Business Day and ARFLP Rule 4.Judicial rotation
In Maricopa County, judges are assigned to a particular division of the court for generally three-year periods, though this can vary. Judges can be assigned to family, juvenile, civil, criminal, or probate court, and a judge that serves for 15 years or more will typically spend time in each type of court. Because of this policy, it is possible your judge may change before your matter concludes.Jurisdiction
The authority of a Court to hear and decide a certain issue. Each court’s ability to hear cases are defined either by a Constitutional provision, or, more commonly, by an Act of Congress (for Federal courts) or the state legislature (for state courts).Koelsch Payment
Where the employee spouse continues to work past retirement age, and the non-employee spouse, therefore, does not begin receiving pension payments as a result of the employee spouse's decision to keep working, the Court can require the employee spouse to make payment to the non-employee spouse. This requires (1) that the pension/retirement benefits are mature, and (2) that the Decree must either allow for these payments or have reserved jurisdiction for the Court to make this determination. Koelsch refers to the Arizona Supreme Court case which announced that these payments were allowed. These payments are also sometimes called indemnification payments.Leave of court
When leave of court applies, the party wanting to do something, such as amending a petition or taking the deposition of a non-party, must first get permission of the Court.Leave to amend
When a party wants to change their Petition, and a Response has already been filed, they must seek leave of court to Amend their Petition. See ARFLP Rule 28(b).Legal Community of Property
A jurisdiction where the law imposes community property principles on the spouses' property automatically upon marriage. Most jurisdictions, though, allow parties to opt out of community property laws through a prenuptial agreement or postnuptial agreement. This differs from the traditional Spanish form that allowed parties to opt into community property laws. This term is now archaic.Legal Decision-Making
This is the right to make decisions on behalf of the child when it comes to decisions involving the child’s health, education, religion, or personal care. It does not include the right to dictate the child’s parenting time schedule or place conditions on the other parent’s time. See A.R.S. 25-401(3).Legal fiction
Something the law creates or accepts as a fact, even though it is not true, to achieve a particular result. An annulment, for example, is a legal fiction because in granting an annulment, the law refuses to recognize a marriage and treats the parties as though they were never married when, of course, there actually was a marriage.Legal Marriage
As the term suggests, it is a lawful betrothal, i.e., a marriage that has met all the legal requirements to be recognized as such. In other words, there is a marriage license, a ceremony, and the marriage is not void. (Common examples of why a marriage may be voided include that one of the spouses is old enough to marry, the spouses are first-cousins, and the wife is of child-bearing age, or one of the spouses is already married). Arizona law will also recognize marriages that are valid where contracted, provided those marriages are not void under Arizona law.Legal parent
A person who is the biological or adoptive parent of the child and whose rights have been established and not terminated. See A.R.S. § 25-401(4). For biological mothers, such rights are established at birth. Fathers, though, must establish their rights to be a legal parent. See A.R.S. § 25-812(A). See also Presumptions of Paternity and Petitions to Establish.Legal Separation
A formal legal process that terminates the marital community, divides all the community property and liabilities, and determines custody if children are involved. The legal separation process is identical to the divorce process in every way except the parties are still married after a legal separation.Lifetime Spousal Maintenace
This is a synonym for indefinite spousal maintenance. As the name implies, this is a Court order that one spouse must support the other spouse for the duration of the receiving spouse's lifetime.Lodestar
Historically, this term referred to a star that is used to guide the course of a ship at night. The most notable lodestar was, of course, the North Star. The term is used in Arizona's family in the context of best interests, i.e., the best interests of the child are the lodestar for determining parenting time and legal decision-making. In other words, the child's best interests are the paramount concerns and trump any other factor, including parental rights.Long Distance Parenting Plan
A parenting plan for when parents reside in different states. The typical long distance parenting plan is a week during Winter Break (i.e., a week around Christmas or New Year’s), either Spring Break of Fall Break, and 3-6 weeks during summer.Lucrative Title
Any property earned by means other than community labor and industry of the parties. This is generally considered to be separate property. The most common example is personal injury lawsuit proceeds for pain and suffering.The Law of Romulus
In the early part of the 20th Century, some historians believed community property originated with the Romans. They coined this term to describe the concept that a married woman is a partner in all money, property, and holy things. Most scholars, though, now believe community property stayed with certain Germanic tribes.Mailing Certificate
This is usually found on the last page of any pleading notating who the document has been transmitted to and in accordance with the Arizona Rules of Family Law Procedure.Marital Community
All property and debts the parties have acquired during the marriage. This includes houses, vehicles, bank accounts, businesses, retirement accounts, stock options, student loans, lines of credit, credit card debts, intellectual property, artwork, furnishings, pets, frequent flyer miles, credit card rewards, gold, silver, cryptocurrency, etc.Marital Presumption
The presumption is that a child born to a married mother is the child of her spouse. In McLaughlin v. Jones, 401 P.3d 492 (Ariz. 2017), this presumption was extended to women who are married to the birth mother at the time of birth. The marital presumption is not absolute; in fact, it is one of four presumptions of paternity under Arizona law. See A.R.S. 25-814(A) The spouse's paternity still needs to be established either by signing an Acknowledgment of Paternity with the mother and submitting that acknowledgment to the state or by Court order. If paternity is ever challenged by someone with a competing claim, the Court must resolve it based on "policy and logic" and must prioritize established social bonds over even biological relationships. See A.R.S. 25-814(C). That means where a spouse has an established relationship with the child, their paternity claim may prevail over even the biological parent. See e.g. Doherty v. Leon, 294 Ariz. 515 (App. 2020).Market Capitalization
A business valuation method in which the number of outstanding shares are multiplied by the share price to determine the value of the company. The number arrived at is often described as “market cap.”Marketability Discount
A business valuation method in which privately held shares are discounted because privately held shares of a business are much more difficult to sell than publicly traded shares. This discount also applies to restricted stock or closely held stock.Material
As defined by Black’s Law Dictionary, “Having some logical connection with the consequential facts.” (Black’s 11th Ed., 2019). In essence, evidence or facts are material if, when proven or disproven, the outcome of the case may be affected. See Material Evidence, Material Fact, Consequential Fact, and Relevance.Material Change of Circumstance
A requirement, imposed by case law, that a parent trying to modify parenting time or legal decision-making must show that since the last order, something has changed in an important way that makes the current orders no longer in the children’s best interest.Material Evidence
Evidence that helps prove or disprove a fact that is consequential to the trial. In other words, it is evidence that helps prove—and win—one’s case. To be admitted at trial, evidence must be both material and relevant.Material Fact
A fact that helps prove or disprove one’s case. Think of “material” as meaning “relevant and important.” For example, if you’re trying to prove a car was purchased during the marriage, the date it was purchased is a material fact.Mature Pension
A pension that is fully vested and is immediately payable. For example, in Arizona, police and firefighters may receive their pensions after 20 years of service. Once they hit that 20-year mark, the pension has fully vested and is mature. But at any time prior to that 20-year mark being hit, they do not yet have a right to that pension. Therefore, prior to the 20-year milestone being hit, the pension is "immature." Be aware, though, that a pension is only mature if all conditions for receiving it have been met. For example, similar to police and firefighter pensions, military members can be eligible to receive a pension after 20 years of service; unlike police and firefighters, though, their right to receive the pension does not automatically vest upon hitting the required time of service. Instead, they must apply for and be approved to receive the pension. Their pension, therefore, does not mature until they are approved to receive it.Maximize
The word "maximize" is used in Arizona family law in connection with the Court's duty to "maximize" each parent's time with the child. ARS 25-403.02. Maximize, of course, means as much as possible. While 25-403.02 requires a court to maximize each parent's time with the child, such maximization also has a limit, the court may only maximize a parent's time so long as it is consistent with a child's best interests. Gonzalez-Gunter v. Gunter, 249 Ariz. 489 (App. 2020).Mediation
A common settlement method where the parties use a mediator, a neutral third party, to negotiate a settlement. Family law mediations usually involve the mediator meeting separately with each party and their attorneys. Mediation is often highly effective.Memorandum Decision
A ruling by the Court of Appeals on an appeal. Unlike an opinion, though, the Memorandum Decision does not create case law, i.e., the case does not create a precedent that judges must follow in other cases. Nevertheless, the Court of Appeals details their decision and explains why they arrived at the conclusion that they did. See Opening Brief.Minority Share Discount
A business valuation method in which a minority stakeholder’s shares are discounted because they do not have control of the business. The principle is intended to recognize the principle that where control over the business is lacking, the shares are more difficult to move and also less desirable to potential investors; the discount, therefore, is meant to reflect the economic reality of being a minority shareholder.Minute Entry
These are documents issued by the Court as part of the official court record. A Minute Entry can serve many purposes including ruling on motions or trials, summarizing the record from a hearing, setting forth orders of the court, clarifying a prior ruling, appointing an expert to investigate a certain matter, etc.Modification
An action made to change a current court order. Modifications commonly involve parenting time, legal decision-making, child support, or spousal maintenance.Money Judgment
When the Court enters a judgment that one party owes another party a certain amount, that judgment can then be used in a variety of ways—it can be recorded against the owing party’s real estate, it can be used to garnish the owing party’s wages, or it can be used to seize the owing party’s property, including bank accounts and vehicles. These options are all on the table until the person owes money pays up.Motion
A document filed in an already existing case that makes a specific request to the Court.Motion for a More Definite Statement
Where a Petition does not clearly state what the Petitioner is seeking or their reasons for seeking it, the Respondent can file a Motion for a More Definite Statement to ask the Court to order the other party to revise their Petition and provide more details. These motions are rarely filed because the standard for what must be included in a Petition is generally low.Motion for Judicial Relief
Where the parties have agreed to arbitrate but one party is now refusing to do so, the other party may file a Motion for Judicial Relief to ask the Court to compel the other party to arbitrate.Motion for Substitution of Counsel
One of the options to officially change one's attorney. The other is a Notice of Substitution of Counsel. The difference is that the Notice merely informs the Court that a new attorney is now representing the client; a motion requires the Court to approve the change. This can lead to a several weeks' delay until the new attorney takes over the case. For that reason, it is better to do it by Notice.Motion to Compel
A request that is filed when a party is not complying with the rules of discovery or disclosure. It must contain a good faith consultation certificate that the person filing tried to resolve the issue with opposing party before filing. Motions to Compel are governed by Rule 65(a) and the sanctions that can be sought are those listed in Rule 65(b).Motion to Continue
A request for the Court to change an upcoming hearing to a later date for reasons such as incomplete disclosure or discovery processes, a conflict, illness, etc.Motion to Revive
Where a case has been dismissed, a party can ask to bring it back by filing a Motion to Revive. To have a chance at succeeding, the Motion to Revive must generally be filed as quickly as possible. The longer the interval between dismissal and a Motion to Revive, the more likely the Motion to Revive is to be dismissed.Motion to Set
A request that the Court set a trial date. The person filing avows that all discovery and disclosure is complete.Narrowly tailored
When a rule or order imposes on one's constitutional rights, the rule or order must use the least restrictive means available. This is one of the standards courts employ when reviewing a law, rule, or order under the "strict scrutiny" standard. Under that standard, the law, rule, or order must serve a compelling government interest and be narrowly tailored.Ne exeat right
The right to decide a child's place of residence. In Abbott v. Abbott, 560 U.S. 1, the U.S. Supreme Court held that this is a custodial right. Therefore, as the right to ne exeat had been conferred upon Father by Chilean law, the state of Texas had to return the child to Chile under the Hague Convention.Negative Inference
If a party refuses to hand over a certain document, or refuses to answer a certain question when testifying, the Court can take a negative inference against that party, i.e., it can find that had the party disclosed that documentation or answered the question, that documentation/answer would have confirmed the concern the other party is raising.No-Fault Divorce
This is a law—and it is the law in Arizona—that a couple may be divorced for any reason. Courts will not get into why a marriage fell apart.Non-Access Parent
A term used in some Parenting Plans to describe a parent who does not have the child during parenting time. This is determined by the Parenting Plan, e.g., if a 5-2-2-5 Parenting Plan assigns parenting time to Father every Monday and Tuesday, and Mom parenting on every Wednesday and Thursday, then on Monday and Tuesday, Father is the access parent, and on Wednesday and Thursday, he is the non-access parent. A common synonym is "non-custodial parent."Non-Covenant Marriage
This is any marriage in Arizona where the parties did not voluntary opt in to a covenant marriage. In other words, it is a marriage where the parties can seek a divorce for any reason. The fault provisions do not apply. Almost all marriages in Arizona are non-covenant marriages.Non-Uniform Interrogatories
This is a discovery option where one party can pose questions to the other party that must be answered under oath. Unlike Uniform Interrogatories, these questions are drafted by the person asking them and can be very specific.Notice
This is the Constitutional right to be informed of any filings that are made against you in Court, including petitions, motions, and other pleadings.Notice of Appeal
This is a document filed in the superior court that a party will be appealing the Court’s ruling. See ARCAP Rule 8 and ARCAP Rule 9. The filing of the Notice of Appeal starts the appeal.Notice of Appearance
This is the document an attorney files with the Court to make the Court and opposing party or counsel aware that they will be representing the client. This officially makes the attorney the client's attorney of record. Once it is filed, all communication from the Court and opposing counsel must be directed to the attorney, and the attorney represents the client at all Court hearings.Notice of Change of Judge
Each party gets one opportunity to strike the judge assigned to their case under ARFLP Rule 6. They must file, though, before the judge holds a hearing or makes a ruling. See ARFLP Rule 6 for deadlines and limitations.Notice of Settlement
A filing made to the Court to notify the Court that the parties have reached a settlement. If the matter has been set for a final trial, the parties must notify the Court promptly under ARFLP Rule 70(a). The parties must present a final judgment, decree, or order to the Court within 45 days of the Notice under ARFLP Rule 70(b).Notice of Substitution of Counsel
One of the options to effectuate a substitution of counsel; it is much preferred to the Motion for Substitution of Counsel because the Notice makes the new counsel the party's official attorney of record almost immediately; whereas, with a Motion, it can take several weeks, and the attorney who is being replaced remains the party's attorney of record until then.Notice of Withdrawal
This is the document an attorney files with the Court to make the Court and opposing party aware that they will no longer be acting as the attorney of record for the client.Oath
When a witness is sworn that they will tell the truth, the whole truth, and nothing but the truth. Those conscientiously objecting to an oath may enter into a solemn affirmation instead under ARFLP Rule 15. See Solemn Affirmation.Obligee
As defined by A.R.S. § 25-500(7), “a person obligated to pay support,” i.e., someone who is, by court order, the recipient of either child support or spousal maintenance. When the state provides state benefits to a child, they can be designated as the recipient of child support.Obligor
As defined by A.R.S. § 25-500(8), “a person or agency entitled to receive support,” i.e., someone ordered to pay either child support or spousal maintenance.Onerous Title
A description of how property is acquired. If one spouse exchanges their labor for money or property, they acquired such money or property via community labor, and the property is community property. Compare to lucrative title.Opening Brief
This is the first brief filed in the Appeal, and it is where the Appellant makes their case of how the trial court erred in handling their case.Opinion
This is a ruling by the Court of Appeals that resolves the case and creates case law that other courts must follow in similar circumstances.Order
An instruction made by the Court to the parties that the parties must follow. If a party does not follow it, they can face legal penalties.Order of Protection
A court order directing a party to stay away from and not contact another individual for a year or more. The standard for getting a court order is that the court must believe an act of domestic violence has or will occur.Order to Appear
This is a Court order directing a party to appear at a Court hearing or other court-ordered event or to face the penalties listed within the order.Parent Information Program (PIP)
This is a mandatory class that anyone going through a newly started custody case must complete before final trial or before the Court issues a Parenting Plan. Under state law, the Court is not supposed to award parenting time to anyone who has not completed the course. The course is available online and takes generally four hours to complete. Make sure you are using a Court-approved provider.Parental-Duty Relationship
The obligation of a parent to provide for their child. Under Arizona law, this duty takes precedence over all other financial obligations. This duty lasts until a child emancipates.Parenting Conference
This is a mediation between the parents only (no attorneys) in which a member of the court staff works with the parties to reach agreements regarding the issues of legal decision-making and parenting time.Parenting Coordinator
This is a third party, usually an attorney or psychologist, who works with parents to help them reach decisions regarding the child. If the parents cannot work through an impasse, the Parenting Coordinator can serve as the tiebreaker and make the decision for them. Both parties must agree to a parenting coordinator.Parenting Plan
This is the Court order that contains the legal decision-making and parenting time orders. It sets forth the parenting time schedule and includes the other custody orders.Parenting Time
This is what it sounds like—this is when it’s the parent’s time with the child(ren). See A.R.S § 25-401(5). Prior to 2012, it was known as physical custody.Parenting Time Rights
Under Mesa v. O'Connor, "parenting time rights encompass what a parent may do during his or her parenting time."Parenting Time Rights Restriction
Under Mesa v. Connor, a parenting time rights restriction is an order that limits the parent's ability to parent the child during his or her parenting time. The most common restriction is to require that the parent only have supervised parenting time. A restriction requires that the Court make an endangerment finding under ARS 25-411(J). This also includes conditions that are imposed on a parent exercising their time, e.g., needing to provide six months of clean drug testing before the parent's time may be unsupervised.Parenting Time Schedule
This is an agreed upon schedule of the dates and times that each parent will spend with the children. Holidays, weekends, when and where exchanges will happen.Parol Evidence
Evidence of what the parties intended in an Agreement. Generally, parol evidence is disallowed.Parol Evidence Rule
When a contrast has a term that is ambiguous or susceptible to two or more meanings, parol evidence may be evidenced used to determine what the parties’ intent was. Parol evidence is never permissible to determine the meaning of a judgment; it may be permissible for a Property Settlement that is incorporated but not merged because such agreements are reviewed under contract rules.Partiality
As one might guess from the word itself, this is the opposite of impartiality, i.e., it is when a judge shows bias toward a party or the party's attorney. As a legal claim, this is incredibly difficult to prove and generally not worth pursuing. Judges are presumed to be free of bias and prejudice, and a party challenging that must show specific facts that prove the bias, and it cannot be that the judge has ruled against that party. See also Judicial Bias.Party
An individual, entity, or the state that either brings the lawsuit or is required to respond to the lawsuit. See ARFLP Rule 3(f).Paternity Rescission
This is where one of the parties repudiates their previously signed Acknowledgment of Paternity by signing an Affidavit of Paternity Rescission stating that the Acknowledgment of Paternity was incorrect as to who was the father of the child.Paternity Rescission Window
The amount of time a person who signed an Acknowledgment of Paternity has to sign an Affidavit of Paternity Rescission. It is the earlier of 60 days or when a court proceeding involving a child is filed. After that, the challenge must come through a Petition to Challenge Paternity.Peremptory Challenge
In broad legal terms, it is your right to strike certain decision-makers, such as a potential juror. In family law, the peremptory challenge is limited to your one-time right to request that the judge in your case be changed. The request must be both timely and cannot have been waived. (It is waived if the judge has made at least one substantive decision in your case before you file.)Personal Care Decisions
A category of legal decision-making that has not yet been defined in the law. Generally, though, it is thought to include bigger decisions that impact a child’s life, such as whether they get an ear pierced or get a tattoo. It may include whether a child gets a smartphone or a car. It does not include smaller, everyday decisions like what clothes they wear, what they eat, what TV shows they watch, or what friends they play with.Personal Knowledge Rule
A requirement that a witness must have person (first-hand) knowledge of the subject matter of their testimony. See Arizona Rule of Evidence Rule 602. This rule generally does not apply in family court proceedings unless a party invokes strict compliance with the Rules of Evidence under ARFLP Rule 2. See Invoking the Rule and ARFLP Rule 2.Personal Property
Any type of property that is moveable, or, in other words, any property that is not real property. Personal property also comes in two classifications: tangible property or intangible property. See Real Property, Intangible Property, and Tangible Property.Petition
This is a court document that someone files to start a case.Petition for Conciliation Services
For people who do not want to get divorced but who have a divorce case pending, legally, they have an option to try and save the marriage by filing a Petition for Conciliation Services. This puts a 60-day pause on the divorce proceedings. During this 60-day period the parties will have one meeting with a counselor at the court to see what, if anything, can be done about repairing the marital relationship.Petition for Contempt
A document that starts a case in which the person filing is asking the court to punish the other party for violating a court order.Petition for Dissolution
A document that starts a case to end a marriage, i.e., the paperwork that starts the divorce.Petition for Relocation
A document that asks the court to permit a party move the child away from the other parent. Under A.R.S. § 25-408, moves that are either out of state or more than 100 miles within the state need either the other parent’s approval or a Court order permitting them to go.Petition for Third-Party Rights
A document that asks the Court to award legal decision-making or parenting time to a non-parent. It requires a showing that the parents are not married, the person requesting placement or legal decision-making stands in loc parentis to the child, and it would be a significant detriment for the child to remain in either parent’s care.Petition for Visitation
A document that asks the Court to award time with the child to a nonparent.Petition to Enforce
A document that starts a case where the person filing is asking the court to make additional orders to force compliance with an already existing order.Petition to Establish
A document that starts a case involving unmarried parents where the Court will be making a decision for the first time. This typically includes first-time orders for paternity, legal decision-making, parenting time, and child support.Petition to Modify
A document that starts a case to change a current court order. This can include legal decision-making, parenting time, child support, and spousal maintenance.Petition to Prevent Relocation
A document that starts a case where one parent is trying to prevent the other parent from moving away with the child.Petition to Terminate
A document that asks the court to stop an order requiring a party to pay child support or spousal maintenance.Petitioner
This term refers to the person or party who filed the original lawsuit. Defined in the rules as, “The person or entity [who] files the first petition.” ARFLP Rule 3(f)(1). In family law matters, some people develop an emotional attachment to being the Petitioner vs the Respondent (see term Respondent for related information). This usually dictates the order in which you present your story at trial. See also Respondent.Physical Custody
This is an outdated term in Arizona family law. It has been replaced with the term “parenting time,” which generally describes the schedule of which parent has the child. See Parenting Time. See Parenting Time.Pinpoint Citation
This is a citation that cites to the page, paragraph, and/or line number of a document. You want to “pinpoint” the exact place you got your information so that Court of Appeals can find it more easily.Placement
This is when a child is placed with a nonparent under a third-party rights petition. The third party essentially becomes the physical custodian of the child.Plain Language Interpretation
The primary method by which a Court interprets a law, rule, Decree, order, or Agreement. As the Arizona Supreme Court stated in State v. Burbey, 243 Ariz. 145, 146-147 ¶ 6 (2017), "To determine a statute's meaning, we first look to its text. When the text is clear, we apply the plain meaning and our inquiry ends." But if the language yields two or more plausible interpretations, the Court will look to other rules of construction to determine its meaning.Pleading
A document drafted to file with the Court following specific outlines and procedures. Motions, Notices, Stipulations, etc. all fall under the pleading category.Postnuptial Agreement
Very much like a prenuptial agreement except it occurs during the marriage. It must follow all the requirements of a prenuptial agreement to be valid. One key difference between a postnuptial agreement and a prenuptial agreement is the burden of proof. If challenged at the time of the divorce, the person challenging the prenuptial agreement has the burden to prove it is invalid; the person trying to uphold a postnuptial agreement has the burden of proof to prove it is valid.Preliminary Injunction
This is a court order that goes into effect, by law, whenever a Petition for Dissolution (Divorce) is filed or for certain custody matters. See A.R.S. § 25-315 and A.R.S. § 25-808. It prevents the parties from doing certain things, including removing children out of state. The preliminary injunction is binding on the petitioner at the time of filing, and the Respondent at the time of service. See A.R.S. § 25-315(A)(3) and A.R.S. § 25-808(D).Premium of Control
A business valuation method that recognizes the shares that permit one to control the business are more valuable than shares that do not. See also Minority Share Discount.Prenuptial Agreement
An agreement made between two people prior to the marriage that can determine how they will hold property during the marriage and determine how property will be divided and how spousal maintenance will be ordered in the event of a divorce. In other words, it allows spouses to opt out of Arizona’s community property laws, including the joint liability laws. If challenged at the time of the divorce, the burden is on the person challenging the prenuptial agreement. See A.R.S. § 25-202.Preponderance of the Evidence
This is an evidentiary standard, and it used in family court for almost all issues that do not involve children. Under a preponderance of the evidence standard, the person with the burden of proof must show that what they are alleging is “more likely than not” what happened.Present-Cash-Value Method
The court determines the community interest in the pension, figures the present cash value of that interest, and awards half of that amount to the non-employee spouse in a lump sum. This method is preferred over the Reserved-Jurisdiction Method.Presiding Judge
Each county’s superior court has a judge who is in charge of the court.Presumption of Paternity
There are four presumption of paternity: Married to the mother within 10 months of birth (under case law, a woman married to the mother may claim this presumption), genetic testing confirms he is the father, a birth certificate signed by both parents, or a Voluntary Acknowledgment of Paternity signed by both parents (and the mother’s spouse if she is married and another person is acknowledge as the father). A presumption alone does not establish paternity. A person is not a legal parent until the Court rules that they are a parent or when the Acknowledgment of Paternity is filed with the state of Arizona. When two or more presumptions apply, the Court must decide which person will be the parent. See A.R.S. § 25-814.Presumptive Legal Decision-Making
Presumptive legal decision-making is an option sometimes used by the Court where the parties share joint legal decision-making. However, in the event they cannot reach an agreement, one party is entitled to make a presumptive decision, but the other party can choose to file with the Court to review and make the final decision.Prevailing Party Standard
This refers to a standard for award attorney's fees to the successful party in a case. Generally, this standard only comes into play in breach of contract cases where a prevailing party provision is written into the Agreement. Family courts, though, employ a different standard for awarding attorney's fees. The most common approach is from A.R.S. 25-324, which allows a Court to award fees based either on disparity of income or because one party took unreasonable positions.Prior Restraint
An order that prohibits future communications. Because to restrict speech that has not happened, prior restraints run headfirst into First Amendment issues and are considered the "least tolerable" of infringements on the First Amendment. To be constitutional, a prior restraint must be narrowly tailored (i.e., it cannot cover more speech than what is necessary) and must serve a compelling government interest (i.e., the court or state must have a justifiable and highly persuasive reason for needing the order). In Yanez v. Sanchez, the father controversially posted a video of the parties' child in the throes of a seizure as part of his advocacy for children with special needs; the court issued an order prohibiting him from posting about the child on social media in the future. The Court found this order violated the Constitution. It further found that for the Court to issue a prior restraint and meet the compelling governmental interest requirement, there must be evidence of actual or threatened physical or emotional harm, none of which was present in Yanez.Pro per (Pro se)
This is a party who is representing themselves in court (i.e., they don’t have a lawyer).Probative Value
The value a fact or evidence has to proving one’s case. Black’s Law Dictionary defines probative value as, “The degree to which one fact tends to make probable another posited fact.” See Material, Relevance, and Relevant Evidence. See Arizona Rule of Evidence Rule 403.Proceeds for Bodily Injury
Proceeds in a lawsuit for bodily injury are considered to be the sole and separate property of the spouse who suffered the injury. The body is considered to be a sole and separate asset, and any compensation for damage to the body is thus belongs to the injured spouse.Proceeds for Lost Wages
Proceeds for lost wages in a lawsuit will be considered to be community property if the wages would have been earned during the marriage.Proceeds for Pain and Suffering
Proceeds in a lawsuit for pain and suffering are considered to be the sole and separate property of the injured spouse.Process Server
This is someone certified by the superior court to provide paperwork of a court proceeding to a person who is entitled to receive such notice. When a process server completes service, they will file an Affidavit of Service with the courts.Proof of Service
The evidence filed with the Court to show that service was completed. Common examples include a process server’s Affidavit of Service, an Acceptance of Service, or the returned receipt from a certified mailing.Property Settlement Agreement
This is a document that is part of the Divorce Decree. It divides up all the property. It gives substantially more protection and convey stronger title than do similar provisions made in a Consent Decree alone.Propound
Used, most commonly in Arizona family as part of the phrase, "propound discovery." This means that you have formally sent a discovery request to the opposing party. The basic verb means to "put forward" or "offer for consideration." In that sense, the discovery requests that are sent are putting forward questions or requests to the opposing party.Protected Address
A party can request to have their address protected from the other party. If granted by the Court, the Clerk must disclose the party’s address, and the party need not include their address on court filings. The opposing party delivers documents to the protected party by providing them to the Clerk to provide to the protected party. See ARFLP Rule 7.Psychiatric Evaluation
This is a physical examination to determine if there are any physical problems that might present a mental health diagnosis. The psychiatric evaluation should not bePsychological Evaluation
This is an evaluation, usually Court-ordered, where a psychologists runs through a series of tests with a parent to determine if the parent has any mental health diagnoses that may make it problematic for the parent to have a child in their care.QDRO attorney
An attorney who specializes in preparing QDRO’s. Because QDRO’s are highly technical, the parties are encouraged to retain their own QDRO attorney, separate from the attorneys who represented them in the divorce.Quadrennial Review
As required by state and federal law, the state conducts a review every four years of the Child Support Guidelines and updates them accordingly.Qualified Domestic Relations Order (QDRO)
This is an order that divides community retirement or pension accounts. It is prepared after the Divorce Decree is entered by the judge. It prevents the parties from being hit with tax and early withdrawal penalties they would otherwise face in dividing up the accounts.Quit Claim Deed
A document signed by someone that gives up their interest in real property. It is a common way to take a divorced spouse’s name off the deed. It is distinguished from a disclaimer deed because it is not signed at the time of purchase/refinance. If someone “quit claims” the property, during the marriage, that person may still have a right to a community lien.Real Estate Special Commissioner or Special Master
A Real Estate Special Commissioner, also referred to as a Real Estate Special Master is a licensed realtor, who is appointed by the Court or agreed on by the parties to sell the parties’ real property. Their role is to initiate and complete the sale of co-owned residential and commercial properties. They are most commonly used in divorce proceedings, but also can be used in Bankruptcies, Probate, and contested real estate matters.This is authorized in Arizona family law matters by Rule 95 - Other Family Law Services and Resources. "(g)Real Estate Special Commissioner. In accordance with local rule or procedures, the court may appoint a real estate special commissioner to assist the parties in dividing and disposing of community real property."Learn more about the division of Community Property in an Arizona divorce.
Real Property
Ownership of any land and anything affixed to the land, including the marital residence, other homes, and any land owned by a community business. Compare to Personal Property.Receiver
A neutral party appointed to manage a party’s legal interests. For example, a receiver could be appointed to run a community business and/or distribute the community funds during the pendency of the divorce.Redirect Examination
After a witness of theirs has been cross-examined, a party or counsel may ask their witness questions in response to issues raised during cross-examination.Relevancy Objection
If evidence is not relevant, the opponent of the person offering the evidence can object to its admissibility on the grounds that it is not relevant.Relevant
As defined by Black’s Law Dictionary, “Logically connected and tending to prove or disprove a matter in issue; having appreciable probative value — that is, rationally tending to persuade people of the probability or possibility of some alleged fact.” (Black’s 11th ed., 2019). See Material, Material Evidence, Consequential Fact, Relevant Evidence, and Relevancy ObjectionRelevant Evidence
Rule 401 of the Arizona Rules of Evidence reads: “Evidence is relevant if: (a) it has any tendency to make a fact more or less probable than it would be without the evidence; and(b) the fact is of consequence in determining the action..” Relevant evidence, nonetheless, may be inadmissible, under Rule 403 of Arizona Rules of Evidence, if its “probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.” See Material, Material Evidence, Consequential Fact, Probative Value, and Relevancy Objection.Relocation
As relocation is defined by statute, it's given the same definition as it's everyday usage, but applied to a child; therefore, a relocation is when a parent moves where the child is living. Under A.R.S. 25-408(C), the Court can intervene in two circumstances to prevent a parent from relocating with the child: The first is if it falls under A.R.S. 25-408(A), which has two prerequisites: (1) There must be a court order or written agreement that both parents are entitled to parenting time or legal decision-making, and (2) both parents reside in Arizona. The second situation is if the move adversely impacts the other parent's parenting time or legal decision-making rights.Relocation Factors
Under A.R.S. 25-408(I), whenever the Court determines whether to grant either a parent's request to relocate or a parent's request to prevent relocation, it must consider and make written findings on the eight factors listed in A.R.S. 25-408(I). These factors include the best interest factors under A.R.S. 25-403, and the remaining factors focus on the reason for the relocation and whether it would be in the child's best interests.Remuneratory
A term to describe when an employee is given a bonus by their employer as a form of compensation for services performed. A remuneratory bonus is considered community property. See also Gift Bonus.Request for Admission
This is a discovery tool where a party asks the other party to admit to certain facts under oath.Request for Production
This is a discovery tool where a party asks the other party to produce certain documents. ARFLP Rule 64 governs Requests for Admission.Reserved-Jurisdiction Method
At the time of the divorce, the Court determines the community share of the pension (usually by determining the formula that will be used to determine the community share of an immature pension or by determining the percentage of the community share of a mature pension), but it retains jurisdiction to finalize the particulars of the division of the pension for when the pension actually becomes payable. Sometimes, jurisdiction is reserved simply to effectuate the orders and/or to make whatever adjustments are necessary to orders in order for the plan administrator to implement the orders. The extent of how jurisdiction is reserved is usually determined by either agreement of the parties or Court order.Resistance to Notice of Change of Judge
When one party files a Notice of Change of Judge, and the other party objects, their filing is a Resistance to Notice to Change of Judge. Generally, as the Notice of Change can only be granted where it is timely and no substantive rulings have been made by the assigned judge, the Resistance should focus on whether one of those requirements has not been met.Resolution Management Conference (RMC)
This is usually one of the first hearings set in a family law case for the judge to meet with both parties and counsel, if any, to determine if there are any standing agreements and how to determine a timeline forward. Judges usually request each party produce a Resolution Management Conference statement and file it prior to the hearing to gather important facts and agreements in the case.Respondent
This term refers to the person or party on the receiving side of the original lawsuit. Defined in the rule as “any opposing party other than the petitioner.” ARFLP Rule 3(f)(2). See also Petitioner.Response to Petition
This is also known as the Answer; this is the filing made in response to a petition. It addresses the issues raised in the Petition and may raise new issues as well.Restricted Stock
Unregistered shares of a company, generally used as a form of executive compensation that vests on a schedule. These are shares that represent actual ownership in the company and are not publicly traded. The shares may only be traded within special regulations created by the SEC. In a divorce where the restricted stock units are earned by both marital labor and post-marital labor, they receive the same treatment as unvested stock options, i.e., they will be part-community, part-separate, and the percentage of what is community will depend on the employee's purpose in awarding the RSUs and the vesting schedule. Additionally, if the employee-spouse leaves their job before the restricted stocks vest, the other spouse may have a claim for marital waste.Return Remedy
The requirement under the Hague Convention on Child Abduction that when a child is wrongfully removed from one nation to another nation, the nation where the child was taken to will promptly return the child. Not all countries are signatories to the Hague Convention, but the United States' neighbors, Mexico and Canada, are both part of the treaty and will return children who are wrongfully removed from the United States.Revocation-upon-Dissolution Statute
Found in A.R.S. § 14-2804, it rescinds, upon divorce, beneficiary designations naming one’s spouse as beneficiary. This statute applies to things such as wills, trusts, and individually purchased life insurance policies. To keep their former spouse as a beneficiary, a person must re-execute the documents post-divorce. But benefits provided by an employer are likely governed by ERISA, not A.R.S. § 14-2804, and the plan administrator will distribute the benefits to the person designated to receive them, including a former spouse. To change the beneficiary, a divorced person should contact the plan administrator and execute new paperwork.Right Against Self-Incrimination
Individuals have the right to not give testimony implicating themselves in a criminal act. In a criminal proceeding, that right can be exercised without repercussion because the Constitutional rights is specific to criminal proceedings. That right is more limited in civil proceedings, including family court proceedings. Individuals can still invoke the Fifth Amendment and not give an answer that may implicate them in a criminal proceeding (and certainly testimony given in the family court would be eligible to be used in the criminal proceeding); however, the Court can take a negative inference from their refusal to answer a question.Rule 2
Rule 2 – This rule excludes certain parts of the Arizona Rules of Evidence from applying to a family court matter, including the rules regarding hearsay, foundation, and best evidence. This is intended to make it easier for people to represent themselves in family court. A party may opt to bring the rules back into their hearing by filing a Rule 2 Notice.Rule 29(b) Motion
Rule 29(b) Motion – These are bases to dismiss a Petition for failing to meet the legal standard. Must be the first thing filed in response to a Petition (even before the Answer) or it is waived.Rule 49
The family law rule for disclosure of documents and witnesses. This rule must be followed; otherwise, the opposing party may object to evidence presented at trial on the basis on non-disclosure. See ARFLP Rule 49.Rule 49 Letter
A letter an attorney sends out to clients detailing all the documents that they need to gather and provide to the attorney so that they may be disclosed.Rule 69 Agreement
Rule 69 Agreement – Under Rule 69 of the Arizona Rules of Family Procedure, an agreement is binding on the parties if it is in writing and signed by both parties. An email signature counts as a signature for purposes of this rule. An agreement becomes binding on the Court as well if the parties submit the agreement to the Court and the Court adopts the agreement as an order of the Court.Rule 78
The family rule regarding when a judgment becomes final. This is important because Rule 78 essentially tells litigants when the clock begins to run on filing a Notice of Appeal and the deadline to file a Rule 83 Motion. See Rule 78 Arizona Rules of Family Law Procedure.Rule 78 Language
Language that makes a family court order appealable. "Rule 78 Language" is used collectively to describe both Rule 78(b) language and Rule 78(c) language. Rule 78(b) Language: In a case involving more than one claim or more than two parties, if a Court issues an order that does not resolve the case with respect to all claims and all parties, the Court nonetheless declare that the part of the case on which it has ruled is a final. Appealable order. Rule 78(c) Language: When all issues in a case are decided, the Court certifies the decision as final and appealable by using Rule 78(c) language. See Rule 78 Arizona Rules of Family Law Procedure.Rule of 65
The Rule of 65 from the Arizona Spousal Maintenance Guidelines, that, when the criteria is met, the Court may order a duration different than the one suggested by the Guidelines—the only duration affected is the one for marriage of 16 years or more, and the range for those marriages is 12 to 96 months of spousal maintenance. For the Rule of 65 to apply, all three of the following requirements need to be met: (1) The party seeking maintenance is at least 42 years old. (2) The marriage lasted at least 16 years. (3) The age of the spouse seeking maintenance + length of marriage is equal to or greater than 65. ASMG § V(B)(1)(b). The length of the marriage is judged from the date of the wedding ceremony to the date of service.Rules of Construction
These are the rules a Court uses when interpreting a document to determine its meaning. Some of the common rules are the Plain-Language Rule, i.e., if the language being interpreted has a widely accepted meaning, the interpretation should adopt that meaning. It also should be interpreted in such a way as not to render other passages superfluous, and courts will also look to the document as a whole to understand its context. If the language is not immediately clear, the Court may look at secondary interpretation methods, including, for example, the legislative history behind a statute.Satisfaction of Judgment
This is a Court document that says the party who was ordered to pay money or deliver property to the other party has done so and has completed their obligation. The Satisfaction on Judgment is usually signed by the person who was owed money in front of a notary—and it serves an important purpose: It prevents future disputes over whether the amounts owed were actually paid.Sealed Record
Family court proceedings are public record; however, the Court can order the record to be sealed. Because of the public interest in open Courts, the ability to seal records is difficult. But the Court may do so if it considers the factors listed in ARFLP Rule 17(c) and enters findings in support of its ruling.Seals and Signatures
This phrase refers to a requirement to certify documents between different jurisdictions. Generally, certification requires signature(s) from certain public officials (such as a judge, the clerk of Court, and, in some instances, the Secretary of State) and the official seal of the court (which is usually imprinted as a raised seal on certified court documents). The seals and signatures is a way to ensure the documents are authentic.Secondary Rules of Construction
Rules a Court uses to determine the meaning of a passage that cannot be resolved on the plain language of a passage itself. For example, in interpreting a statute, the Court may look at the Legislative history behind the passage of the law, including its historical background, its effect and consequences, and its spirit and purpose. See also Rules of Construction.Self-Sufficiency Standard
In 2022, the Legislature amended the spousal maintenance statute. Among its changes was the addition of a sentence into A.R.S. 25-319(B). This sentence announced a limitation on spousal maintenance awards: Spousal maintenance should be awarded only for the amount and duration necessary for the recipient spouse to become self-sufficient. This emphasis did not exist in the prior statute. Therefore, when determining whether a spouse who is eligible for spousal maintenance is entitled for spousal maintenance, and also, at the next step, when a Court is determining the amount and duration, the issue of what that spouse needs to become self-sufficient becomes a primary consideration.Service
The process in which you notify the other party that you have filed something. Certain documents, such as Petition and the summons, must be served directly on the other party, by process server, certified mail with restricted delivery, or by having the respondent accept services. Most other documents can be mailed or emailed.Service by Publication
An alternative form of service where a party is notified by a notice published in a daily newspaper for at least once a week for four consecutive weeks. This method is both expensive and strongly disfavored, and a Decree or order issued under this method is more easily set aside than any other form of service. See ARFLP Rule 41(m).Settlement Letter
Formal written correspondence from one party to another outlining positions to resolve outstanding issues of a matter. Typically protected under rule 408, settlement letters can be an effective way to come closer to resolution before litigation becomes necessary.Sharp Hearing
A hearing to determine if a Separation Agreement is fair. A person may challenge a Separation Agreement on the basis that it is unfair under A.R.S. § 25-317(B). The Court of Appeals recognized in Sharp v. Sharp, 179 Ariz. 205 (App. 1994) that a hearing could be held that a party challenges the fairness of a Separation Agreement, the Court must independently determine the issue of fairness.Sole and Separate Property
Property that belongs 100% to one spouse and is not part of the community property. Most commonly, this is property the spouse brought into the marriage.Sole Legal Decision-Making
If the court orders sole legal decision-making, the parent with the sole legal decision-making authority makes all decisions related to the child’s health, education, religious upbringing, or personal care.Solemn Affirmation
An alternative to an oath available for those who conscientiously object to taking oaths. Those individuals instead can make a solemn and formal decorations that the statements they make are true. Wherever an oath is required, a solemn affirmation will meet the requirement under ARFLP Rule 15.Special Action
This is an option for a party to challenge a ruling made in their case before final trial has been held. Prior to the final ruling coming out, the parties cannot appeal. This is commonly used as a means to challenge a ruling made at temporary orders. It is also the only way you can appeal a ruling on contempt.Special Order after Judgment
This is an order ruling on a post-decree motion, such as Motion to Reconsider, a Motion to Alter or Amend, or a Motion for Relief. These orders are appealable without the Court entering Rule 78 language.Spending Spouse
This term, as used in a community waste claim, refers to the spouse who spent money on purchases that did not benefit the community. Most commonly, this is money spent on an affair, a gambling problem, or drug addiction. But it could also include more benign expenditures, such as giving money to a sibling.Spousal Maintenance
These are payments made from one spouse to another when one spouse cannot financially meet their reasonable needs on their own. The law permits spousal maintenance (or alimony as it’s called in other states) for several reasons—to help maintain the lifestyle the parties enjoyed during the marriage, or to account for the role a spouse played in the other spouse fulfilling career ambitions, but the reason that is most likely to be reflected in a spousal maintenance order is to transition the receiving spouse to becoming self-sufficient. A.R.S. § 25-319 are the spousal maintenance laws acting in conjunction with the Spousal Maintenance Guidelines to provide guidance for how to aware spousal maintenance.Spousal Maintenance Calculator
This is a tool the Court uses to determine how much spousal maintenance should be ordered and for how long. It considers a variety of factors, including the parties’ incomes and mortgage payment, to determine spousal maintenance.Spousal Maintenance Guidelines
First adopted in 2023, these are a set of rules and principles that a Court must follow in determining whether to award spousal maintenance and for how long and for how much. They contain rules regarding eligibility, the seven-step process of determining an amount and duration, and standards for deviation, temporary orders, and modification.Spousal Maintenance Income
The income the Court determines should be used for a party when the Court calculates spousal maintenance. Spousal maintenance income is Actual Income + any attributed income. Arizona Spousal Maintenance Guidelines ASMG § I(D).Standing
Refers to one’s ability to bring a case on a certain subject. Generally, you have to be one of the parties directly impacted by a case to bring suit. For example, let’s say Brad and Paula are married to each other. Paula’s father, Ed, does not like Brad and wants Paula to divorce him. Ed, though, cannot file for divorce. He lacks standing to file a divorce, as he would only be indirectly impacted by it. Only Brad and Paula, the ones who would be directly impacted by divorce, have “standing.”Statement of the Case
This is the part of the appellate brief where you explain to the Court of Appeals the history of the case and what it is that you are appealing.Status Conference
Typically held telephonically, this is a brief conference held for the Court to aid and understand where a case is at in the resolution process or to provide guidance for the matter; a meeting to discuss the status. Either party can ask for a status conference or the Judge will set them as needed.Statute of Limitation
A deadline that begins to run after injury occurs and is discovered. The purpose of a statute of limitation is to require the injured party to act after they are injured.Statute of Repose
A deadline that begins to run after the occurrence of some event. These are hard deadlines, enforced against people who had no idea that the event even took place.Statutory Agent
A person or business designated to receive service on behalf of a business.Stay
An order pausing either a legal proceeding or ordering that a person refrain from taking certain actions. Stays are generally only in place temporarily.Structural error
An error made before the trial that creates an error in how the trial is conducted; it is different from an error in the trial itself. Structural error is generally reserved for criminal cases in Arizona (Many Constitutional provisions regarding trials are specific to criminal trials). To date, structural error has not been applied to family law cases, and it seems unlikely that it will apply in the future.Subpoena
This is a discovery tool where a party can demand a person to appear as a witness or hand over documents. A subpoena is a form that party fills out and takes to the Court where it will be stamped as a court order through the recipient of the subpoena or the other party may contest the subpoena by asking that it be “quashed.”Subpoena Duces Tecum
This is a subpoena where the recipient is instructed to hand over certain documents.Substitution of Counsel
A notice filed to the Court that the client is switching attorneys. Both the departing attorney and the newly hired attorney sign the document. Once it is filed, the old attorney is no longer the client's attorney of record, and the new attorney represents the client in all matters going forward and is immediately responsible to represent the client at any schedule hearings or trials and to meet any pending deadlines for discovery, disclosure, or pleadings. There are generally two options to do this: A Notice or a Motion.Summons
A Court document notifying someone that a case has been filed against them and directing them that they must either file a Response or appear at a hearing on a certain date. A summons is one of the documents that must be served on a party either through a process server, certified mail (restricted delivery), an acceptance of service, or through a Court-approved method of alternative service. Until the summons is served, the Court lacks subject matter jurisdiction over the dispute and lacks jurisdiction over the case except it may make emergency orders.Supervised Visitation
This is where someone else must be present whenever a parent has parenting time. The supervisor is usually someone appointed by the Court or agreed upon by the parties.Supervisorial Appointment
The appointment of a local social service agency to oversee the implementation of the Court's legal decision-making and parenting time orders. The appointment must comply with ARS 25-410(B) and ARFLP Rule 81 and requires an endangerment finding.Table of Authorities
This is a list of every rule, statute, Constitutional provision, law review article, etc. that you cite in your Brief. You must indicate a page number for every time the item is listed. The Table of Authorities goes after the Table of Contents in the Brief.Tangible property
Property that is physical or touchable in nature, such as clothes, furniture, cash, stocks, a TV, a washer and dryer, etc., as opposed to Intangible Property, which is property that lacks physical form, such as a copyright or cryptocurrency. See Intangible Property.Tax Year
The tax year refers to the year in which the wages were earned on which a party paid income tax. If you are assigned odd years to claim the child for tax purposes, then you will claim your child when you file the tax returns for that odd year. For example, for Tax Year 2021 taxes, you would claim your child, even though you will be filing your tax return sometime in 2022, when the tax returns for 2021 are due.Temporary Orders
Orders the court puts in place while the parties go through discovery and disclosure on the case. The orders are in place until further order of the Court. Common temporary orders are orders for legal decision-making, parenting time, spousal maintenance, child support, exclusive use of the marital residence, and an interim award of attorney’s fees.Temporary Orders Hearing
A trial held to determine what orders will be in place while the case is pending.Testimony
The sworn statements of a witness made at a trial or deposition.The Hague Convention
This refers to a series of international treaties on a variety of issues. Most relevant to family are the treaties on child custody jurisdiction and service. When jurisdiction between two countries is in dispute, courts are to consider in which country the child has habitually resided. For acceptable service in a foreign country, the serving party must follow the applicable standards set forth by that country.Therapeutic Interventionist (TI)
A psychologist who is appointed by the court to help children reunite with a parent.Third Party
A non-parent who requests to have legal decision-making, placement, or visitation with a child.Third-Party Rights
This is the ability of a non-parent to request legal decision-making, placement, or visitation of/with a child. Despite the term including the word “rights,” third parties actually have no legal rights to a child. Because parents have a Constitutional right to the care, custody, and control of their children, they have a big advantage in most of these proceedings.Thrift Savings Plan
A federal retirement savings plan. It is similar to a 401k and any portion earned during the marriage is fully divisible in a divorce.Title IV-D
A reference to Title IV-D of Social Security Act, which triggers specialized child support proceedings when the child is on government benefits. See Title IV-D.Tracing
A process by which a party shows the judge exactly what transactions in a commingled fund were made by community property. The purpose is to allow the judge to remove all those assets and award property equitably.Transmutation
This is when a person’s sole and separate property becomes community property either by agreement of the spouses or by the owner spouse gifting it to the community. In essence, it is a change of the characterization of the property. As one commentator explained, it “is called ‘transmutation’ by lawyers because the synonym ‘change’ is not sophisticated enough.” Robert L. Mennell & Thomas K. Boykoff, Community Property, West Publishing Co.: St. Paul, Minn., 1982. See Bilateral Transmutation and Unilateral Transmutation; compare with Commingled.Trial
A court hearing in which evidence and testimony are taken, and the Court makes a ruling on the issues presented at trial.Trial by Jury
This is where the case is decided by a jury of one’s peers. Juries are generally seated for criminal and civil court proceedings. In the family court, there is no right to trial by jury.Two-Dollar Bankruptcy
“Prior to 1973, by getting married, a person contracting a debt while single could effectively protect his or her property from a judgment creditor. See former A.R.S. § 25–216. The creditor had no claim to the property of the debtor's marital community. This was known as the ‘two dollar bankruptcy’ because a marriage license cost two dollars.” Flexmaster Aluminum Awning Co., Inc. v. Hirschberg, 173 Ariz. 83, 87–88, (App. 1992). This option was effectively eliminated by the passage of A.R.S. § 25-215. Today, the term is relevant only because judgment creditors continue to accuse married judgment debtors of trying to obtain a “two-dollar bankruptcy.”Unconscionable
A standard by which a prenuptial or postnuptial agreement may be invalidated. An agreement is unconscionable if it is so unfair that it “shocks the conscience.” In other words, if the prenup is grossly unfair, a court may invalidate it. See A.R.S. § 25-202(B)(2).Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
A series of laws that determines which state has jurisdiction over a child custody proceeding. Every state but Massachusetts has adopted the UCCJEA.Uniform Family Law Arbitration Rule
How Arizona refers to the Uniform Family Law Arbitration Act in Rule 67.2. The reason Arizona calls it a rule rather than an act is that the Act was adopted by the Arizona Supreme Court as Rule 67.2. This is likely because Arizona, unlike other states, has tasked the Arizona Supreme Court, rather than the Legislature, with determining the procedures for Arizona courts. This task is assigned to the Supreme Court in the Arizona Constitution. Related terms: Arbitration Alternative Dispute Resolution (ADR)Uniform Interrogatories
This is a set of pre-written questions that one party can send the other party to answer under oath. The uniform interrogatories get their name because the questions do not vary from case to case.Uniform Interstate Family Support Act (UIFSA)
A series of laws that determine which state has jurisdiction over child or spousal support proceedings.Unilateral
In a joint legal decision-making or coequal custody situation, one parent acts unilaterally when they make decisions without an agreement from the other parent.Unilateral Transmutation
When one spouse gifts their sole and separate property to the marital community. See also Transmutation and Bilateral Transmutation.Unreimbursed Medical Expenses
Medical expenses incurred for the child that are not covered by insurance. Whenever the Court issues a child support order, the Court generally also includes a separate order for how unreimbursed medical expenses are to be divided.Unsworn Declarations under Penalty of Perjury
Where rules require a verification, a party may instead sign a document that the information in the document is true and correct and that the signature is made under the penalty of perjury. This exception to a notarized verification does not apply to an Acceptance of Service, an Affidavit submitted in support of an Application for Default, a Consent Decree, or a post-decree Rule 69 Agreement that changed legal decision-making or parenting time. See ARFLP Rule 14.Unvested Stock Options
Stocks that one spouse has been promised but does not yet have full ownership over, according to the vesting schedule set by the spouse’s employer. These will be partially community property, partially sole and separate property.Vacation Schedule
An order within the Parenting Plan that assigns a certain amount of vacation time to each parent. The vacation schedule supersedes the regular schedule.Venue
The location of the Court in which a case is heard. For example, all the superior courts in the state of Arizona are considered to be a single court, but the venues are different. For example, a person whose case is in Gila County Superior Court may wish to move their case to Maricopa County Superior Court. To do so, they would file a Motion to Change Venue because their case would still be in the same superior court system, but at a different location.Verification
This is a document signed by a person to say that the information in their Petition or Response is true and accurate to the best of their knowledge.Vested Property Interest
Each spouse's interest right to own, control, and possess the property is established at the time the community acquires it. This is the opposite of an inchoate property interest--the old-fashioned idea that a wife's interest in the community property was only theoretical until divorce occurred because, until then, only the Husband could possess and dispose of community property.Vested Stock Option
Stocks over which at least one of the spouses has full ownership and control. If acquired during the marriage, these are 100% community property (with some exceptions).Vesting Schedule
When unvested stock options or restricted stock units are offered to an employee through an employer, there is usually a vesting schedule, i.e., the date at which the employee may either exercise the option (in the case of unvested stock options) or owns the stock units (in the case of restricted stock units). In a divorce, where the community's proportionate ownership of these financial products can be tricky, the vesting schedule plays prominently into the formula the Court will use.Visitation
This is Court-ordered time the child is to spend with a third-party.Visitation
In Arizona, this term applies only to Court-ordered time that a child is supposed to spend with a non-parent. For example, if grandparents file to see the child and are awarded one weekend a year, they have "visitation." The term is not to be confused with parenting time, which is the Court-ordered time that a parent spends with a child. The difference has some significance legally, as parenting time is form of custody (previously, it was known as physical custody). Visitation is not a custodial right, but the rather the ability to simply spend time with the child.Void Marriages
A void marriage is one that is illegal under state law. There are only a few situations where the marriage is automatically void from the get-go. These include situations where the parties are closely related (such as brother and sister or first cousins of child-bearing age), where one spouse is already married to another person, where one of the spouses is not cannot marry, or where one spouse is too young to get married. 25-101 - Void and prohibited marriages (azleg.gov) 25-102 - Consent required for marriage of minors (azleg.gov)Voidable Marriage
A voidable marriage is one where an impediment to the marriage exists, but the aggrieved party may nonetheless choose to ratify it. For example, if one spouse tricked the other spouse into marrying them, the spouse who was tricked can choose to remain married or have the marriage annulled. And where a void marriage is invalid from the beginning, a voidable marriage is valid at their inception; however, if annulled, the marriage will be deemed to have been invalid from its inception. 25-102 - Consent required for marriage of minors (azleg.gov)Waiting Period
Under Arizona law, you must wait sixty (60) days from the date of service before the divorce can be completed. This is also referred to as a "cooling-off" period.Waiver (Legal Principle)
One of the equitable defenses, this occurs when a party voluntarily and intentionally abandons a known right. This usually requires that the waiving party makes some statement in writing to the other party that they are giving up their right. For example, in Cordova v. Lucero, father was required to pay child support to Mother. She sent him a letter stating she no longer wanted his child support. He quit paying. Three years later, she filed to enforce. Husband was able to successfully argue that she waived her right to child support based on what she wrote in her letter. Relying on the waiver doctrine is extremely risky. The standard to prove waiver is clear and convincing evidence, a very high standard; therefore, most waiver claims fail. The father in Cordova would have been better served if when mother sent that the letter, the parties had put that agreement in writing and submitted it to the Court for approval.Waiver (Of an Argument)
When a party gives up their right to make certain arguments because of an action they have taken. For example, a party waives their right to object to a court's personal jurisdiction over them if they file a petition with the court or if they file a response without specially appearing. A party waives their right to be served if they file a response to the petition. A party also waives their ability to raise an argument on appeal if they do not raise it in the trial court.Waste
Another, more informal term for community waste. Waste occurs when community funds are spent on things that don't benefit the community, such as an affair.Waste Claim
When one spouse seeks reimbursement from the other spouse for one-half of the amount of community funds/assets that were spent on something that did not benefit the community. For example, if one spouse spends $100,000 on an affair, the other spouse can request that spouse reimburse them $50,000 because an affair does not benefit the community. See also Community Waste.Week-On/Week-Off Parenting Plan
As the name suggests, one parent has the child one week; the other parent has the child the next week.Don't Take Our Word For It,
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