Arizona Divorce & Mediation Glossary

Clear definitions for Arizona-specific divorce, mediation, and family law terminology

68+
Terms Defined
21
Alphabetical Sections
6
Categories
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Arizona-Specific

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A

5 terms

Affidavit

Legal

A written statement confirmed by oath or affirmation, used as evidence in Arizona family court proceedings.

Alimony

Financial

Financial support paid by one spouse to another after divorce. In Arizona, this is officially called "Spousal Maintenance."

Alternative Dispute Resolution (ADR)

Process

Methods of resolving disputes outside of court, including mediation, arbitration, and collaborative divorce.

Arizona Child Support Guidelines

Child Support

State-mandated formula used to calculate child support obligations based on income, parenting time, and other factors.

Arrears

Financial

Past-due or unpaid child support or spousal maintenance payments that accumulate over time.

B

2 terms

Best Interests of the Child

Custody

The legal standard Arizona courts use when making decisions about legal decision-making and parenting time, focusing on the child's physical, emotional, and developmental needs.

Bifurcation

Process

Splitting a divorce case into separate parts, allowing the marital status to be dissolved before all other issues are resolved.

C

7 terms

Child Support

Child Support

Regular financial payments from one parent to the other to help cover the costs of raising children after divorce, calculated using Arizona Child Support Guidelines.

Collaborative Divorce

Process

A cooperative divorce process where both parties and their attorneys commit to resolving issues without going to court.

Community Property

Property

Arizona is a community property state, meaning assets and debts acquired during marriage are generally owned equally (50/50) by both spouses.

Consent Decree

Legal

A divorce decree agreed upon by both parties and approved by the court, common in mediated divorces.

Contested Divorce

Process

A divorce where spouses cannot agree on one or more key issues, requiring court intervention to resolve disputes.

Covenant Marriage

Legal

A special type of marriage in Arizona that requires premarital counseling and has stricter divorce requirements.

Custody Evaluation

Custody

A comprehensive assessment by a court-appointed professional to help determine appropriate legal decision-making and parenting time arrangements.

D

6 terms

Decree of Dissolution

Legal

The final court order that officially ends a marriage in Arizona. This document includes all terms of the divorce settlement.

Default Judgment

Legal

A court ruling in favor of one party when the other party fails to respond to divorce papers within the required time.

Deposition

Process

Sworn out-of-court testimony taken during the discovery phase of a divorce case, recorded for potential use at trial.

Discovery

Process

The pre-trial phase where both parties exchange information and documents relevant to the divorce case.

Dissolution

Legal

The legal term for divorce in Arizona. A dissolution of marriage ends the marital relationship.

Domestic Relations Order

Financial

A court order that allows retirement plan benefits to be divided between spouses as part of a divorce settlement.

E

3 terms

Emancipation

Child Support

When a child reaches legal adulthood or becomes self-supporting, ending the obligation for child support in Arizona.

Equitable Distribution

Property

While Arizona uses community property rules, courts may deviate for equitable reasons in specific circumstances.

Ex Parte

Legal

A court order made at the request of one party without the other party being present, typically used in emergency situations.

F

2 terms

Family Court

Legal

The division of Arizona Superior Court that handles divorce, custody, child support, and other family law matters.

Financial Affidavit

Financial

A sworn document detailing income, expenses, assets, and debts, required in Arizona divorce cases.

G

3 terms

Garnishment

Enforcement

Legal process where child support or spousal maintenance payments are automatically deducted from a person's wages or bank account.

Grey Divorce

Process

Divorce between couples over age 50, often involving complex retirement and asset division issues.

Guardian ad Litem (GAL)

Custody

A court-appointed representative who advocates for the best interests of children during divorce proceedings.

H

1 terms

High Conflict Divorce

Process

Divorce cases characterized by significant disagreement, poor communication, and often requiring specialized mediation or court intervention.

I

3 terms

Income Shares Model

Child Support

The approach Arizona uses to calculate child support, based on the combined income of both parents.

Interrogatories

Process

Written questions that one party sends to the other during discovery, which must be answered under oath.

Irretrievably Broken

Legal

The legal ground for divorce in Arizona, meaning the marriage cannot be saved and should be dissolved.

J

2 terms

Joint Legal Decision-Making

Custody

When both parents share the authority to make major decisions about their children's education, healthcare, and religious upbringing.

Joint Petition

Process

A divorce petition filed by both spouses together, typically used in uncontested divorces.

L

3 terms

Legal Decision-Making

Custody

Arizona's term for child custody - the legal authority to make major decisions about a child's welfare, education, healthcare, and religious upbringing.

Legal Separation

Legal

A court-approved arrangement where spouses remain married but live apart with formalized agreements on property, support, and children.

Lien

Enforcement

A legal claim placed on property to secure payment of child support or spousal maintenance arrears.

M

4 terms

Marital Assets

Property

Property and assets acquired during the marriage, subject to community property division in Arizona.

Mediation

Process

A collaborative process where a neutral third party helps divorcing spouses reach agreements on divorce terms without going to court.

Mediator

Process

A trained, neutral professional who facilitates communication and negotiation between divorcing spouses to reach mutually acceptable agreements.

Modification

Post-Divorce

A legal change to an existing court order for child support, spousal maintenance, or parenting time based on substantial changed circumstances.

N

2 terms

No-Fault Divorce

Legal

Arizona's divorce system where neither spouse needs to prove wrongdoing - only that the marriage is irretrievably broken.

Non-Modifiable

Legal

Terms in a divorce decree that cannot be changed later, typically property division and spousal maintenance duration (unless specified otherwise).

P

7 terms

Parenting Coordinator

Custody

A professional appointed to help high-conflict divorced parents implement their parenting plan and resolve disputes.

Parenting Plan

Custody

A detailed written agreement outlining how divorced parents will share responsibilities and time with their children.

Parenting Time

Custody

Arizona's term for the schedule of when each parent spends physical time with their children (formerly called "visitation").

Petition for Dissolution

Process

The initial legal document filed with the court to start divorce proceedings in Arizona.

Post-Decree

Post-Divorce

Legal matters and modifications that occur after the divorce decree is finalized.

Preliminary Injunction

Legal

Automatic court orders in Arizona that prevent both spouses from disposing of assets or changing insurance during divorce proceedings.

Property Division

Property

The process of dividing marital assets and debts between spouses, following Arizona's community property laws.

Q

1 terms

Qualified Domestic Relations Order (QDRO)

Financial

A court order that allows retirement plan assets to be divided between spouses without tax penalties.

R

4 terms

Residency Requirement

Legal

Arizona requires at least one spouse to have lived in the state for 90 days before filing for divorce.

Response

Process

The document filed by the responding spouse answering the divorce petition, due within 20 days (or 30 days if out of state).

Restraining Order

Legal

A court order protecting one party from harassment, abuse, or contact by the other party.

Retirement Assets

Property

Pensions, 401(k)s, IRAs, and other retirement accounts subject to division in Arizona divorce as community property.

S

8 terms

Separate Property

Property

Assets owned before marriage or received as gifts/inheritance during marriage, generally not divided in Arizona divorce.

Service of Process

Process

The legal procedure of officially delivering divorce papers to the other spouse, required to proceed with the divorce.

Settlement Agreement

Legal

A written contract between divorcing spouses detailing all agreed-upon terms, incorporated into the final decree.

Settlement Conference

Process

A meeting where parties and their attorneys attempt to resolve disputed issues before trial, often required by Arizona courts.

Sole Legal Decision-Making

Custody

When one parent has exclusive authority to make major decisions about the child's welfare, awarded when joint decision-making isn't in the child's best interest.

Spousal Maintenance

Financial

Arizona's term for alimony - financial support one spouse pays to the other during or after divorce.

Subpoena

Process

A court order requiring someone to provide testimony or documents relevant to the divorce case.

Substantial Change in Circumstances

Post-Divorce

The legal standard required to modify child support, spousal maintenance, or parenting time orders in Arizona.

T

2 terms

Temporary Orders

Process

Court orders that establish temporary arrangements for support, custody, and property use during divorce proceedings.

Trial

Process

Court hearing where a judge makes final decisions on disputed divorce issues when parties cannot reach agreement.

U

1 terms

Uncontested Divorce

Process

A divorce where both spouses agree on all major issues, allowing for a faster and less expensive process.

V

1 terms

Visitation Schedule

Custody

The specific times and dates each parent spends with the children, detailed in the parenting plan (now called "parenting time" in Arizona).

W

1 terms

Waiting Period

Process

Arizona requires a 60-day waiting period from service of divorce papers before a divorce can be finalized.

Arizona-Specific Terminology

All definitions reflect current Arizona family law statutes and court procedures. Arizona uses unique terms like "Legal Decision-Making" instead of "custody" and follows community property rules for asset division.

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