Glossary
A parenting time schedule where the children are with Parent A for two days, with Parent B for two days, then with Parent A for three days before the schedule rotates and the children are with Parent B for two days, with Parent A for two days, and then with Parent B for three days.
This is a popular schedule, especially for parents of young children, as it assures that neither parent is away from the children for more than three consecutive days.
A parenting time schedule where the children are with Parent A for five days and with Parent B for two days in Week One, then with Parent A for two days and with Parent B for five days in Week Two.
Typically this schedule assigns Mondays and Tuesdays every week to one parent, Wednesdays and Thursdays every week to the other parent, and the parties alternate weekends. This is probably the most common schedule for equal parenting time in Arizona.
A standard of review used by higher courts to determine if lower courts made a discretionary error.
A document that can be used to waive formal process service and acknowledge service of pleadings like a petition or an order to appear.
A specialty court in Maricopa County, also referred to as non-compliance court, created to monitor and enforce support orders (both child support and spousal maintenance) when the obligor has a history of non-payment.
A document signed by parents that attests under oath that the father listed is the biological father of the child. An acknowledgment of paternity has the same effect as a court order establishing paternity and may only be contested or set aside under limited circumstances.
Evidence or testimony that may be presented at trial.
Voluntary sexual intercourse between a married person and someone other than their spouse. Although technically still codified as a criminal offense in Arizona, adultery is generally not prosecuted.
This refers to a payment made by a client to a law firm or attorney as prepayment for future fees. Advanced fee deposits remain client property and must be maintained in a client trust account until the fees are earned pursuant to the terms of the attorney-client engagement.
Although used interchangeably sometimes, an advanced fee deposit is not the same thing as a retainer.
Someone who signs an affidavit.
A written statement of fact, sworn to and signed before a notary or someone who administers an oath.
A document filed in Arizona family law cases that contains a summary of each party's income and expenses.
To uphold, usually in the context of a higher court upholding a decision made by a lower court; also can be used to describe when an order of protection is upheld after a hearing.
This refers to court-ordered compliance with real-time alcohol monitoring programs like Soberlink or BACTrack, most commonly ordered in cases involving child custody to monitor whether the subject parent is consuming alcohol during or around their parenting time.
A legal theory, now abolished in Arizona and Colorado, that previously enabled a spouse to sue a third party for interfering with their marriage (i.e. participating in an affair)
Statements made by one party, usually against the other party, that will be proven or disproven in the litigation.
A term used in Colorado to refer to the legal processes to determine child custody rights known as parenting time and legal decision-making.
Out-of-court processes usually involving neutral third-parties to resolve legal disputes, i.e. mediation, settlement conferences, and open negotiation.
A method of process service authorized by the court when conventional methods are proven to be impractical. Sometimes family courts may authorize alternative service via email, text message, or even social media.
The legal process to void or terminate a legally defective marriage.
A written response to a complaint where the answering party admits or denies allegations in the complaint and states applicable defenses.
A brief filed by an Appellee that responds to the Opening Brief filed by the Appellant during an appeal.
In Arizona, Answering Briefs must be filed within 40 days after service of the Opening Brief. In Colorado, the Answering Brief must be filed within 35 days after service of the Opening Brief.
A formal request made to a higher court to reverse or change a decision made by a lower court.
A party "appears" when they participate in the litigation. An attorney may appear on behalf of a party by filing a Notice of Appearance or a Notice of Limited Scope Appearance.
The party who files an appeal.
The party against whom a decision is appealed.
A process where a third-party neutral, called the Arbitrator, hears both sides of a case and makes a binding determination (called an Award). In family law cases, arbitration is voluntary.
A spreadsheet used statewide by Arizona family courts to calculate a parent's basic child support obligation.
A collection of guidelines adopted by the Arizona Supreme Court to assist parents and family courts in the calculation of child support.
A collection of laws enacted by the Arizona Legislature. Title 25 contains most of statutes that control family court proceedings.
Specific rules that control how evidence can be used in Arizona court proceedings. By default, most of the rules of evidence do not apply in family court proceedings unless Rule 2 is invoked.
Specific procedural rules that apply in Arizona family court proceedings.
A calculator used statewide by family courts to calculate presumptive spousal maintenance amount and duration.
A collection of guidelines adopted by the Arizona Supreme Court to assist litigants and family courts in the calculation of spousal maintenance.
Arizona's statewide automated system used primarily for child support accounting.
An amount of money, usually child support or spousal maintenance, that is overdue.
Family courts can issue arrest warrants when litigants violate court orders; most commonly used for non-payment of child support and/or spousal maintenance.
An evidentiary privilege that determines whether communications between a client and their attorney can be used as evidence.
This refers to proving that a piece of evidence is what you say it is.
An attorney appointed by the court to represent the best interests of a child. Best interests attorneys participate in family law litigation to the same extent as the parties' attorneys.
Best interests attorneys are most commonly appointed in child custody cases involving allegations of child abuse.
Refers to factors courts must consider when determining child custody rights, i.e. legal decision-making and parenting time. In Arizona, the best interest factors are provided by A.R.S. § 25-403. In Colorado, the best interest factors can be found under C.R.S. § 14-10-124.
A document prepared and filed with government records departments. By itself, the birth certificate does not establish legal paternity, but it may establish a presumption of paternity.
This refers to a claim for reimbursement that can be made during a divorce or legal separation when one spouse uses separate funds to pay community debts after the date of service of the petition for dissolution or legal separation. It derives from the Bobrow v. Bobrow case.
Under federal and/or state law, an order of protection may prohibit the defendant from owning or possessing firearms.
Written statement providing the facts of a case or particular issue and applicable law
This can be used to refer to what a party to litigation must prove to prevail on a particular claim or defense; it also can be used to refer to a particular standard of evidence sufficient to prevail. In most civil cases, that is the preponderance of evidence.
This term refers to when a litigant proves portion(s) of their claim(s) sufficient to impose a burden of proof on the other party.
A common example of burden shifting can occur when a spouse to an Arizona divorce shows that the other spouse excessively or abnormally spent community funds. This shifts the burden of proof to the spouse who spent the funds to disprove this allegation.
Published opinions of higher courts that are binding on lower courts. Case law changes dynamically, so always be sure to confirm the current status of any cases cited.
This can refer to a right or request to reassign a case to a different judge.
A court order that allows a creditor to seize distributions made by a Limited Partnership or Limited Liability Company ("LLC"). In Arizona, charging orders are controlled by A.R.S. § 29-3503.
An interview with a child that is conducted by a family court judge or court-appointed interviewer during a child custody case where the child may be given an opportunity to communicate their preferences for legal decision-making and/or parenting time.
An amount a parent must pay the other parent (or third party caretaker).
A spreadsheet containing the various factors and inputs used to calculate a parent's child support obligation.
This refers to an affidavit prepared by an attorney in support of an application or award of attorney's fees. Its name derives from the case called Schweiger v. China Doll Restaurant, Inc.
Refers to when law enforcement is present at a location to maintain the peace during a civil dispute. Civil standbys may be ordered in cases involving domestic violence to allow one of the parties to return to a location previously shared by the parties to safely retrieve belongings.
See Res Judicata
A higher burden of proof than preponderance of evidence, clear and convincing evidence is usually defined as evidence that is highly probable or reasonably certain.
An agency that handles the processing and distribution of child support and spousal maintenance payments.
A specialized process usually involving a team of professionals that is intended to help parties resolve all issues related to divorce out-of-court.
See Issue Preclusion
A collection of laws enacted by the Colorado legislature. Title 14 contains most of the statutes relevant to family law matters.
A tax-free benefit available to certain military or former military personnel who suffered combat-related injuries.
The act of mixing separate and community property.
A person with limited authority to act as a judge in certain types of cases.
A debt incurred by either spouse during the marriage subject to equitable division as part of a divorce or legal separation under Arizona law.
Generally, all debts incurred by either spouse during the marriage are presumptively community debt except for: (1) transactions related to real property and (2) leases of less than one year pursuant to A.R.S. § 25-214.
An equitable interest a spouse may have when the other party uses community funds to pay for or improve the value of separate property.
Property acquired by either spouse during the marriage is presumed to be community property except for property acquired by gift or inheritance or subject to another exception pursuant to A.R.S. § 25-211.
A claim for reimbursement available when one spouse conceals or excessively or abnormally spends or disposes of community property during a marriage.
An evaluation usually conducted by a licensed mental health provider that Arizona family courts can order to evaluate allegations of parental unfitness and assist in child custody determinations
A specialty division of the Superior Court that can be used by a spouse who wishes to explore reconciliation when a petition for dissolution or petition for legal separation is filed.
The judge's decision(s) to any questions of law or application of the controlling law; Specific findings of fact and conclusions of law can be requested in Arizona pursuant to Rule 82, Arizona Rules of Family Law Procedure.
An agreement between the parties adopted as a final court order.
Violation of specific types of court orders that can result in sanctions or, in some cases, incarceration.
Postponement or rescheduling of a court hearing.
A term used to refer to the shared responsibilities of raising children for separated parents.
Apps designed to manage and improve coparenting coordination and cooperation. Examples include TalkingParents, OurFamilyWizard, 2houses, AppClose, WeParent, etc.
In family court context, this refers to a litigants direct costs (excluding their attorney's fees), so expenses like filing fees, eFiling processing fees, transcript or deposition fees, process service, postage, etc. There are various ways for litigants to request reimbursement of their costs.
A professional appointed by Arizona family courts pursuant to Rule 10.1, Arizona Rules of Family Law Procedure, usually to investigate allegations of child abuse or parental unfitness and prepare a report for the court.
A person who prepares a transcript of court proceedings or depositions; also known as a stenographer.
A type of marriage available in Arizona (and Arkansas and Louisiana) where the spouses agree that the marriage can be terminated only upon showing of cause, usually including adultery, substance abuse, domestic violence, or other fault-based grounds.
Refers to when a litigant or their attorney questions the opposing party or one of their witnesses.
Violation of a child custody (usually parenting time) order or, in cases where there are no court orders, withholding or disrupting a parent's access to a shared child.
The date that a petition is served upon the other party.
An evidentiary standard sometimes used to determine the admissibility of expert testimony.
A standard of review where a court considers a case or specific issues without consideration of prior decisions.
A court's final orders, usually entered after a trial.
Judgment entered against a party who failed to file an answer/response or failed to appear at trial.
A type of retirement plan that offers an employee a specific, predetermined monthly benefit upon retirement. The most common type of defined benefit plan is a traditional pension.
A type of retirement plan where the employee and/or the employer make contributions toward a retirement account and the final benefit is subject to gains or losses. Common examples include 401(k) and IRA plans.
The Arizona agency responsible for investigating suspected child abuse and handling dependency actions.
A type of case where the state, through its child welfare agency, asks a judge to remove children from their parents' care and place them in state custody.
Someone who gives testimony at a deposition.
Sworn testimony taken outside of court; depositions can be taken through oral or written testimony.
The process to acquire property by inheritance.
A different outcome than what was expected; in family court context, this is most commonly used to describe when child support is ordered to be an amount different than what it would be under strict application of the child support calculator or guidelines.
Portions of a legal opinion that are not necessary to resolve a particular case and therefore do not become binding precedent.
A litigant's testimony or questions asked to witnesses they call.
A type of deed used to enable a spouse to acquire real property during the marriage as separate property, even if community funds are used to purchase the property; disclaimer deeds rebut the presumption of community property and can be very difficult to set aside.
Refers to mandatory information that must be exchanged between the parties to litigation.
Procedures available to obtain additional information relevant to litigation.
Refers to a judge's authority to make subjective determinations using their own judgment.
Ending a case without granting relief sought in a complaint or petition; family court cases can be dismissed by a judge or by one or more parties depending on the situation.
A deadline imposed by courts to dismiss inactive cases.
The term to describe the legal process to obtain a divorce.
A professional trained to help guide individuals through the non-legal aspects of divorce. Unlike most law firms, we offer in-house divorce coaching along with coparenting support for a holistic approach to helping our clients through divorce.
An official, chronological record of a court case that lists all filings and scheduled events.
A service offered by attorneys and some non-lawyers to help litigants prepare legal documents.
A process to make a legal document like a court order or subpoena issued in one state or jurisdiction valid and enforceable in another state or jurisdiction.
Refers broadly to physically or emotionally abusive behavior between people with an intimate or familial relationship. Domestic violence can include physical violence, threats, harassment, intimidation, coercion, property damage, stalking, sexual abuse, and other types of non-physical abuse.
A location where a person lives or intends to remain; most commonly used to determine a court's jurisdiction to hear a case.
A mathematical formula used to calculate the value of community liens, expressed algebraically as:
C + (C / B) * A
A = Appreciation during marriage
B = Purchase Price (or value of property at date of marriage)
C = Community contributions to principal
Scientific methods to detect the presence of illegal or misused prescription drugs; drug testing by various methods can be ordered in child custody cases.
The right to a fair opportunity to be heard in court processes.
Pressure or coercion intended to cause another person to take a specific action.
A type of hearing in Arizona family law cases where unrepresented parties meet with a court conciliator to explore whether the parties can reach any agreements on the issues in a case.
A service provided by individual counties in Arizona to make the docket available electronically to parties of a particular case. Links to Maricopa County ECR and Pima County ECR can be found below.
Different from ECR, e-Filing refers to online portals litigants can use to electronically file documents in their family court cases.
Refers to when children become legally independent from their parents; usually due to age, completion of high school or its equivalency program, or voluntary circumstances such as marriage.
Temporary orders obtained on an emergency basis, see Temporary Orders Without Notice
A type of action initiated to make another party comply with a court order.
Equitable just means fair; it is commonly misunderstood to mean equal especially in context of a family court's obligation to equitably divide community/marital property.
Objects, documents, or testimony submitted in court to prove facts of a case.
Objects or documents offered into evidence at a trial or attached to a motion.
Literally translates to "from one party" and refers to processes that allow litigants to request relief from the court without notice to the other party; most common examples include emergency temporary orders for child custody and orders of protection.
Refers to a right to use or occupy certain property pending family court proceedings (usually divorce or legal separation).
A party may request temporary exclusive use of a marital residence to remain in the home and exclude the other party from the home during family court litigation.
A person with specialized knowledge or experience in a specific field that can offer complex or scientific testimony beyond the average person's understanding.
Voluntary programs or sports sponsored by schools that occur outside of and have no impact on the ordinary academic progression; while parenting plans may address enrollment and the division of expenses related to extracurricular activities, extracurricular activities generally are not considered "major legal decisions" that invoke joint legal decision-making authority.
This can be nuanced, so definitely consult with an attorney if you have specific questions about how your parenting plan applies to extracurricular activities.
A request made to the Clerk of the Court to defer or postpone payment of filing fees and other court costs.
A request made to the Clerk of the Court to waive payment of filing fees and other court costs.
A legal obligation to act in another party's best financial interest.
Specific written findings a judge makes based on the facts of the case; in Arizona family law cases, judges are required to provide specific findings only sometimes; litigants can request specific findings of fact and conclusions of law pursuant to Rule 82, Arizona Rules of Family Law Procedure.
An order or judgment entered by a court in another state or jurisdiction; foreign orders may need to be domesticated or registered to be enforceable in a different state.
An act of concealment or misrepresentation intended to deceive another individual or a court.
A more specific type of fraud intended to undermine the court's ability to administer justice.
Similar to Daubert, a legal standard used to determine the admissibility of expert testimony; the Frye standard centrally focuses on whether the testimony is based on "generally accepted" practices within a particular expert community.
A court-ordered method to collect a judgment or other financial obligation (like child support or spousal maintenance) directly from the owing party's wages.
A scientific process that uses DNA to confirm biological relationship, usually in paternity cases.
Court-ordered legal decision-making and placement rights for grandparents; see Third Party Rights.
Court-ordered visitation rights for grandparents; see Third Party Visitation.
Income from all sources used in child support and/or spousal maintenance determinations.
A person appointed by a court to look after or represent the best interests of a minor or an incapacitated individual within legal proceedings.
A legal relationship which gives one person authority to make certain types of decisions on behalf of another individual.
Refers to legal framework for participating countries to cooperate in international child custody and child abduction cases.
Repeated conduct directed at an individual that would cause a reasonable person to be alarmed or distressed.
A formal proceeding before a judge, administrative body, or other tribunal.
An out-of-court statement offered as evidence to prove the truth of the statement; may be inadmissible in cases where the rules of evidence apply.
Categories of hearsay that may be admitted as evidence over hearsay objections; includes present sense impression, excited utterance, statements made for purposes of obtaining medical diagnosis, recorded recollections, admissions by the opposing party, etc.
An authorization an individual would sign to allow healthcare providers or other institutions subject to HIPAA to release protected health information.
Court-ordered parenting time during observed holidays.
A term used to describe periods when there are no hearings scheduled in a case; used by family courts during disclosure/discovery periods; inactive cases can be dismissed for inactivity; inactive calendar can be resolved with a motion to set trial.
This term is used to describe when family courts impute income they believe a party is capable of earning in child support and/or spousal maintenance cases; income can be attribute to individuals who are unemployed or underemployed.
An order for a debt obligation, usually child support or spousal maintenance, to be withheld directly from the obligor's paycheck.
Can refer to the process to form a corporation or may refer to terms that parties agreed to being referenced by, but not merged into, a decree; incorporation vs. merger can be critically different as incorporated terms may only be enforceable through ordinary contract remedies while merged terms can be enforced as a court order.
A promise a party to a contract makes to compensate other parties to the contract for specified liabilities or damages that may arise.
This refers to a situation where an attorney's objectively poor performance negatively impacted the outcome of a case; this is typically reserved for criminal cases as there is no recognized ineffective assistance of counsel claims in family court.
The legal transfer of a deceased individual's property to heirs; inherited property is the recipient's sole and separate property.
A type of protective order available when the parties do not have a qualifying relationship necessary for an order of protection.
A latin term that literally means "in the place of a parent" used to describe a person who has a parental relationship with a child; in Arizona, this relationship is required for Third Party Rights.
Written questions issued to another party and required to be answered under oath to obtain information or evidence during the discovery stage of litigation.
A non-party who joins an ongoing lawsuit because they have a direct and substantial interest in its outcome.
A term used as the basis for no fault divorce; it just means that one or both of the parties believes the marriage should be ended.
A theory of law that prevents the re-litigation of important facts that were litigated in a previous matter involving the same parties.
A legal decision-making arrangement where both parents share equal rights to participate in making major legal decisions for their children, including non-emergency medical decisions, educational decisions, religious decisions, and major personal care decisions.
A legal decision-making arrangement where one parent is authorized to make the final decision in the event that the parents disagree regarding any particular major legal decision.
A form of property ownership where two or more owners hold equal and undivided interests in a property.
An attorney appointed to serve as a temporary judge in limited circumstances.
A final, written court order that resolves all claims in a lawsuit.
A term that refers to a court's authority to hear a particular case.
Refers to child custody reform and legislation aimed to limit family court authority to order reunification and to require heightened domestic violence training for court personnel.
A court order for an individual to pay their ex-spouse their share of a matured pension if the individual continues to work beyond the retirement age.
An equitable defense available when someone unreasonably delayed bringing an otherwise valid legal claim.
A witness who provides testimony from their own personal knowledge or experiences.
The legal right and responsibility to make all non-emergency legal decisions for a minor child; commonly referred to as legal custody.
A person who has established legal parentage relating to a minor child; legal parentage does not depend on biology nor is it always automatically established.
A legal process that allows a married couple to divide assets, establish child custody rights and child support obligations while remaining legally married; legal separations can be converted to divorce.
A non-lawyer licensed by a state Supreme Court to provide legal services within specific, limited practice areas without direct attorney supervision.
Typically refers to cash or cash-like assets; parties may request division of liquid assets at the beginning a divorce or legal separation proceeding.
A type of additional compensation that private companies can offer to certain categories of employees; future MIUs may be subject to equitable division during divorce or legal separation.
A term used by non-community property states, like Colorado, to describe property acquired by either spouse during the marriage; marital property is equitably divided during divorce or legal separation.
A term used to describe a home where a married couple lived primarily during a marriage; a spouse may seek exclusive use of the marital residence to live there alone during the pendency of a divorce or legal separation.
A voluntary and confidential process where parties involved in a legal dispute use a third party neutral (called a mediator) to facilitate settlement efforts; mediators are usually licensed attorneys or former judges.
A written ruling deciding an appeal issued by an appellate court that does not create binding precedent.
A document that outlines areas of agreement between its parties.
Can refer to a legal transaction where two or more business entities combine into one entity; also can refer to when agreements between parties subject to litigation are merged into court orders; merger allows the parties to enforce their agreements as if they were natively issued by the court; see Incorporation in contrast
A written record summarizing events from a court proceeding.
A formal request, made in writing or orally, to ask a court to take a specific action.
A legal conclusion judges can make against a party who refuses to answer certain questions in civil court proceedings, including invoking the right against self-incrimination, or refuses to produce documents or other information requested.
A child custody arrangement where the minor children remain in the marital home while parents take turns living there.
Material or important information that existed at the time of a trial or hearing that could not have been discovered at that time through reasonable diligence but were discovered after the trial or hearing; newly discovered evidence may be grounds for a new trial or to make changes to a ruling or judgment.
Divorce proceedings that do not require legal grounds or "fault" (blame) in order to terminate a marriage; both Arizona and Colorado are no fault divorce states.
A standard, traditional marriage that can be ended for any reason (via no fault divorce); see Covenant Marriage for contrast.
Customized written questions issued to another party to be answered under oath during the discovery stage of litigation.
A document filed by a law firm to indicate that the law firm or its lawyers represent a party to a lawsuit.
In legal context, an oath is a promise or pledge to provide true information; most commonly used in affidavits or sworn testimony before a court or at a deposition.
An individual entitled to receive a court-ordered payment, usually for child support or spousal maintenance.
An individual required to make court-ordered payments, usually for child support or spousal maintenance.
A branch of the Colorado court system that provides cost effective alternative dispute resolution ("ADR") programs like mediation and parenting coordination.
An offset refers to a reduction in the amount an individual owes to another caused by credit or counterclaim.
A non-confidential type of dispute resolution available through Arizona family courts where a family court conciliator helps litigants explore settlement; after open negotiation, the conciliator provides a report to the family court.
A document filed by someone appealing a judgment that summarizes their appeal and provides argument and authority supporting their positions.
A written ruling deciding an appeal issued by an appellate court that creates binding authority lower courts must follow in similar factual circumstances.
A court order restricting contact between a defendant and any protected persons.
A type of court hearing where the parties or their attorneys will verbally present and argue their positions before a judge or panel of judges.
A document courts issue, usually in post-decree matters, to require parties to appear in court at a specified time.
The wrongful removal of a co-tenant or someone who otherwise has a right to occupy a shared residence.
Refers to a situation where someone obligated to make court-ordered payments paid more than the court order required; reimbursement can be sought for overpayments of child support and/or spousal maintenance.
A non-lawyer who may assist lawyers under their direct supervision with tasks like document production, calendaring, and legal research.
See Licensed Paraprofessional
A mandatory court-ordered education program parents must complete in Arizona family law cases intended to help parents understand the impact of family court matters on their children.
A theory of child abuse where a parent intentionally damages the relationship between the child and the other parent.
A term that refers to a parent's ability to properly care for their children.
A term used in Colorado to broadly refer to a parent's rights and responsibilities to care for their children; often referred to as child custody.
A court-ordered, non-confidential process where parents and sometimes children are interviewed by a family court conciliator regarding the disputed issues in child custody cases; parenting coordinators then provide a report to the family court.
An individual appointed by a family court or by agreement to help high conflict parents reduce conflict and coparent more effectively.
A court order that details how major legal decisions will be made for minor children and contains a schedule of each parent's parenting time.
The specific schedule of time that minor children spend with a parent pursuant to a court order.
A term used in Arizona that encompasses what a parent may do during their parenting time.
Evidence from outside of a written contract that can be used to prove the parties' intent when a contract is ambiguous, inconsistent, or subject to allegations of fraud, duress, or mistake.
A term used to refer to child support obligation determined to be due for a period between the commencement of a proceeding and the date that child support is ordered; past due support is not the same as an arrearage.
A term used to refer to legal parentage, it does not depend on biological relationship nor does it apply only to fathers; paternity can be established in cases involving same-sex parents.
Committing perjury means that someone knowingly provided a false statement while under oath; it can be considered a felony.
Depending on the context, personal care decisions may refer to ordinary decisions made to care for a minor child during a parent's parenting time (curfews, screen policies, etc) that are not considered major legal decisions subject to legal decision-making; unfortunately the term also can be used to describe a category of legal decisions that is currently undefined by Arizona law but typically thought of to include major personal decisions like tattoos, piercings, etc and these may invoke legal decision-making authority.
Refers to a court's power over an individual or a party to a case; personal jurisdiction can be established based on residency or a "minimum contacts" test that evaluates whether a person's connections with a particular state are sufficient to establish personal jurisdiction.
A document filed in a family court matter to begin a proceeding.
The person who filed the first petition in a family court case; this designation is retained even if the opposing party later files their own petitions in subsequent proceedings.
A term formerly used to describe the time when children were under the care of each parent subject to a court order; see Parenting Time
Also called a "lie detector," a polygraph is a tool that measures physiological changes and attempts to assess truthfulness; polygraph tests are generally inadmissible in civil proceedings, including family court.
A written agreement entered into by spouses during a marriage that can define property rights and financial responsibilities like spousal maintenance in the event of divorce or legal separation.
A legal document intended to give an individual authority to act on behalf of another in certain financial, legal, or healthcare matters.
A court order issued at the beginning of certain types of family court litigation, most commonly divorce and legal separation, that prevents litigants from specific behaviors like making major changes to marital property and traveling out of state with minor children; preliminary injunctions are also available in child custody cases if filed with proof of paternity.
A written agreement entered into by prospective spouses before a marriage that can define property rights and financial responsibilities like spousal maintenance in the event of divorce or legal separation.
An evidentiary standard used in most civil proceedings that requires the person making a legal claim to prove something is more likely true than not true.
A term used when courts are allowed to assume a fact is true until proven otherwise.
This term can be used in Arizona family courts to refer to presumptions created by statute that say joint legal decision-making is contrary to a child's best interests whenever there is a finding that a parent has a history of substance abuse or that they committed acts of domestic violence or child abuse; like all presumptions, this is can be rebutted by evidence that joint legal decision-making is in the child's best interests.
Created by A.R.S. § 25-211, all property acquired by either spouse during the marriage is presumed to be community property under Arizona law; this presumption can be rebutted through evidence that property was acquired by one spouse through gift or inheritance or that the parties intended for property to be the sole and separate property of one spouse.
A presumption that may apply when a spouse uses separate property to benefit the marital community; a common example occurs when a spouse uses separate property to acquire property that is jointly titled and owned by the marital community (e.g. a home).
A presumption that an individual is the legal parent of a child; under Arizona law this is created by A.R.S. § 25-814.
A document filed before a trial that summarizes the facts and contested issues, contains each party's specific positions, and a list of exhibits and witnesses each party expects to present at the trial.
A legal designation used in Arizona to determine eligibility for public assistance pursuant to A.R.S. § 25-403.07.
The parent with whom children live with the majority of the time.
Legal protections against disclosure of confidential information that may apply to communications between an individual and their attorney, physician, spouse or other relationships where a privilege may attach.
Terms that can be used to describe a litigant who is self-represented or appearing in a lawsuit or legal proceeding on their own behalf without an attorney.
An individual licensed to deliver legal documents like summonses, petitions, complaints, and subpoenas to complete process service.
Formal procedure required to give proper notice of a legal proceeding that requires documents to be delivered in a specific manner to the other parties of the legal proceeding.
A term used to refer to an agreement between spouses for how marital property and debts will be divided in divorce or legal separation.
A draft document prepared by a litigant or their attorney and filed with a motion or other filing that provides the specific action they want the court to take; courts can sign, edit, or reject proposed orders.
A document filed in Arizona family court cases detailing each party's position on all of the contested issues.
Refers to when a litigant's address is hidden through a state confidentiality program or a court order usually because of safety concerns.
A professional evaluation conducted by a licensed mental health expert that can be used to assess the mental health of a party during litigation.
A specialized type of psychological evaluation that can be used to evaluate an individual's sexual interests, specifically paraphilia; psychosexual evaluations may be appropriate during child custody litigation when there are concerns regarding child sexual abuse.
An amount a court orders an individual to pay within specified time to avoid consequences of a contempt finding; most commonly ordered in cases involving unpaid child support or spousal maintenance.
A specialized court order used to divide retirement benefits, including pensions, during divorce or legal separation proceedings.
A document that transfers a property ownership interest from one person to another without any protections against liens or defects.
An objective standard of what a reasonable person would do in a similar situation; a party's (un)reasonableness can be the basis for a family court to order them to reimburse the other party's attorney's fees and court costs.
A real estate professional appointed by a court to sell or otherwise transfer real estate pursuant to a divorce or legal separation order.
A request made by a party to litigation or their attorney that the court review and potentially change a specific ruling.
The opportunity for a litigant or their attorney who initially called a witness at trial to ask additional questions after the witnessed was questioned or cross-examined by the opposing party or their attorney; redirect is generally limited to topics that were discussed during cross examination.
The process of filing a copy of an order from another jurisdiction to make it modifiable or enforceable in another court; see Domestication.
A term used to describe when a parent wants to move a significant distance with a minor child subject to a parenting schedule.
An order from a higher court sending a case back to a lower court for additional proceedings, usually with instruction for how to correct an erroneous ruling.
A reply is a document that can be filed by a party who filed a motion to address arguments the opposing party raised in their response.
Most commonly used to describe a document filed by someone appealing a judgment (see Appellant) that responds to arguments asserted the Answering Brief.
A type of written discovery issued to ask another party to admit or deny specific facts or authenticate items of evidence; if Requests for Admission are not answered within the specified timeframe (typically 40 days after issuance subject to any extensions or court orders), they can be deemed admitted and used as evidence.
A type of written discovery issued to ask a party to produce certain documents or other information.
A legal theory that prevents parties from relitigating a final judgment.
A type of preliminary hearing in Arizona family court cases where the judge meets the parties and creates a schedule for the case; evidence is not presented at this type of hearing and courts are very limited in the kind of orders they can enter absent agreement between the parties.
The person against whom the first document creating a family court case was filed; the Respondent remains the respondent even in subsequent actions where they file a post-decree petition.
A term that can be used to describe a party's formal answer to a petition or a document filed that responds to a motion or other type of filing filed by the opposing party.
A form of employee compensation that promises to grant shares of a company's stock at a future date subject to provisions set forth in a vesting schedule or other type of written document.
Commonly misunderstood, a retainer is a type of payment made to a lawyer to secure their availability; this type of payment is usually earned upon receipt and does not cover any future attorney's fees.
A specialized type of court-ordered therapy intended to help repair relationships between parents and children; most commonly ordered when parents are estranged for an extended period of time or when the parent-child relationship interferes with the court's preferred parenting time schedule.
The unlawful disclosure of explicit images or other media; can be prosecuted as a felony and serve as a basis for an order of protection.
A type of hearing scheduled for the judge to check in on a case's progress and ensure compliance with court orders.
A legal document where a person transfers property into a trust that can be changed or canceled at any time.
A Constitutional right for individuals to have an attorney appointed if they cannot afford one; most commonly applies to criminal proceedings, but can also apply in certain civil proceedings including juvenile matters and involuntary mental health cases; there is no right to counsel in family court cases.
A document filed to invoke ARFLP Rule 2 and apply the Arizona Rules of Evidence in family court proceedings.
Disclosures required pursuant to ARFLP Rule 49; See Disclosures.
An agreement that presumptively binds the parties pursuant to ARFLP Rule 69.
A scenario under Arizona law that gives family courts discretion to determine the duration of spousal maintenance when the age of the party seeking spousal maintenance and the duration of the marriage combine to exceed 65.
A type of therapy for a child where the parents agree that the therapist's notes and testimony are confidential.
A written agreement between Department of Child Safety and parents or legal guardians detailing specific actions to ensure the safety of a child.
Penalties or consequences courts can impose against litigants and/or their lawyers for violating rules or court orders.
Property owned entirely by one spouse; not community or marital property.
A written agreement between spouses that resolves specific issues during a divorce or legal separation; also referred to as a settlement agreement.
The act of delivering legal documents to other parties or interested individuals.
See Process Service
A decision made by a court to vacate or cancel a previous order.
A type of Alternative Dispute Resolution where the parties meet with a neutral judge or commissioner who attempts to facilitate resolution of contested issues.
See Termination of Parental Rights
A type of hearing in Arizona divorce or legal separation cases to determine if a separation agreement is fair.
A court finding that an act of domestic violence was significant enough to preclude an award of joint legal decision-making authority in Arizona child custody cases; there is no precise definition for what constitutes significant, it is within the discretion of the judge.
A court finding that a pattern or history of domestic violence is signficant enough to preclude an award of joint legal decision-making authority in Arizona child custody cases; there is no precise definition for what constitutes significant, it is within the discretion of a judge.
A company that offers alcohol monitoring frequently used to monitor a parent's consumption before or during parenting time.
Legal authority for one parent to make major legal decisions for their children, usually without consultation with the other parent.
A legal proceeding used to challenge a decision a court made that is not directly appealable.
A court-ordered obligation for an individual to provide financial support to their spouse or former spouse.
A tool used by family courts and lawyers to calculate a spousal maintenance obligation; the Arizona Spousal Maintenance Calculator can be found here; the Colorado Spousal Maintenance Calculator can be found here.
Guidelines regarding the determination of spousal maintenance claims intended to promote consistent and predictable results in family court cases; the 2025 Arizona Spousal Maintenance Guidelines can be found here; the Colorado Spousal Maintenance Guidelines can be found here.
The amount of deference an appellate court gives lower courts when considering appeals.
A type of hearing that can be set to discuss the status of a case or resolve minor disputes regarding issues like discovery.
A time limit for someone to file a lawsuit or be criminally charged.
Someone legally authorized to accept service on behalf of another individual or company.
An agreement between parties.
Literally means "of one's own will" and refers to when a court takes action without request from any party.
The legal authority for a court to hear and decide a particular type of case.
A court order that compels a person or organization to produce specific documents or other information or to testify at a hearing.
A term that refers to significant events occurring after a modifiable court order was entered that would justify modification of the order; most commonly used as the legal standard to modify legal decision-making and/or parenting time, but also can apply to child support and spousal maintenance.
A court ruling that resolves a case or particular issues within a case when the party requesting summary judgment proves that there is no genuine dispute to any material fact and that they are entitled to the judgment they seek.
A procedure available in Arizona for married parties to jointly file for divorce or legal separation by full agreement.
Court-ordered parenting time that is supervised by a third party or agency to ensure the safety of the children.
A term that refers to an additional response filed to address new points raised for the first time in a reply; typically not allowed without court permission.
The legal right to claim dependent children on tax filings; may be assigned as part of a child support order and this assignment may not always comport with the IRS Regulations.
Refers to when a party appears for a court hearing by telephone; court permission may be required depending on the nature of the appearance and the type of hearing.
Court orders that are put in place in family court cases until the matter can be resolved on a final basis.
Also called emergency temporary orders, these are temporary orders that can be obtained without a hearing when the party seeking the emergency temporary orders alleges that waiting for a full hearing would cause irreparable harm.
A type of property ownership where owners can own unequal shares that typically can be sold without consent of co-owners.
A juvenile court proceeding to determine whether a parent's legal parentage should be terminated.
A specialized type of court-ordered therapy intended to help repair relationships between parents and children; most commonly ordered when conflict between the parent and child interferes with the court's preferred parenting time schedule.
A legal claim available to grandparents or other non-parents to seek legal decision-making and physical placement of a child when the child's parents are unfit or absent.
A legal claim available to grandparents or other non-parents to seek court-ordered visitation with a child.
Refers to a section of the Social Security Act and applies when a state agency takes an interest in a child support case, usually when a parent or child receives some type of public assistance.
Also called commingling and refers to when an individual's sole and separate property is converted to community property; this can occur by agreement or inadvertently through certain behavior like mixing separate property and community property to the extent that it is impossible to distinguish.
An online portal that enables litigants or their lawyers to file documents electronically in Arizona cases.
A divorce proceeding where the parties fully agree on every issue.
Evidence or testimony admitted at trial by one party that is unchallenged by the other party; however, courts are not required to give any particular weight or effect to uncontested evidence.
A deliberation period where a judge considers the evidence and testimony presented at a trial before issuing a written ruling.
A statutory framework adopted by nearly every U.S. state to determine jurisdiction in interstate child custody cases.
Standardized sets of written questions used during discovery; Arizona's Uniform Family Law Interrogatories can be found here.
A statutory framework adopted in every U.S. state used to determine jurisdiction for interstate family support (child support, spousal maintenance) cases.
A term used to describe when an interest in property like a stock option or pension has been granted to an individual but is not fully theirs until certain conditions are met.
A scientific test used to detect substance abuse through collection and examination of an individual's urine sample; random urine tests are commonly ordered in child custody cases where there are concerns that a parent is abusing drugs or alcohol.
A term used when a court cancels something, can refer to a vacated hearing or a previous order of the court.
Specifically defined parenting time within a parenting plan, usually takes precedence over regular parenting time but not holiday parenting time.
The proper county or specific court location where a lawsuit should be filed.
The process of moving a pending court case from one county or court location to another; venue can be transferred on motion filed by the parties or by the court itself.
In Arizona, this refers to a self-represented litigant who has abused judicial processes pursuant to A.R.S. § 12-3201; vexatious litigants cannot file any documents without court permission.
A court-ordered schedule of time a child spends with a non-parent.
A process that can be court-ordered to assess a litigant's earning capacity and employment prospects; most commonly used in spousal maintenance cases, but also can be used in child support cases.
A defective type of legal ruling or court order that is invalid and has no legal effect; void orders can be challenged at any time.
A defective type of legal ruling or court order that is valid unless a party challenges it within a prescribed period of time.
A finding that can be made in cases involving spousal maintenance and/or child support that an individual is capable of earning more than they do; see also Income Attribution.
A court order that requires an employer to withhold certain debt obligations, usually child support and/or spousal maintenance, directly from the employee's paycheck and transmit the funds to a Clearinghouse which distributes the money to the recipient; see also Income Withholding Order.
The voluntary relinquishment of a legal right or claim.
A court order directing law enforcement to immediately return a child a parent or other individual's care.