Arizona Legal Glossary
Plain-English definitions of 56 Arizona legal terms across bankruptcy, divorce, legal separation, wills, probate, and court procedure — each defined neutrally and cited to the Arizona statute or official court source. This page is general information about Arizona law, not legal advice about your case.
General procedure & platform terms
Petitioner
The person who starts a family-law case in Arizona by filing a petition (for example, a petition for dissolution of marriage or legal separation).
In Arizona: ARS § 25-314
Respondent
The other party in a case started by a petition — the spouse or party who receives the petition and may file a response.
In Arizona: ARS § 25-314
Service of process
The formal delivery of court papers to the other party so the case can move forward. In Arizona family-law cases, service is governed by Rule 40 of the Arizona Rules of Family Law Procedure.
In Arizona: Ariz. R. Fam. Law P. 40 ; referenced in ARS § 25-325(B)
Decree
The court's final written order in a dissolution, legal-separation, or annulment case. A decree is final when entered, subject to appeal.
In Arizona: ARS § 25-325(A)
Affidavit
A written statement signed under oath or affirmation, used to put facts before the court — for example, the Affidavit of Financial Information used in Arizona family-law cases.
In Arizona: ARFLP Rule 49 (financial disclosure)
Superior Court
Arizona's general-jurisdiction trial court, with a branch in each of the state's 15 counties. Divorce, legal separation, probate, and most civil matters are filed here.
In Arizona: azcourts.gov
Self-Service Center
Free official resources — forms, instructions, and packets — published by the Arizona Judicial Branch and county superior courts for people handling court matters without a lawyer.
In Arizona: azcourts.gov/selfservicecenter
Certified Legal Document Preparer (CLDP)
A non-lawyer certified under Arizona Code of Judicial Administration § 7-208 to prepare legal documents for self-represented people. CLDPs may not give legal advice.
In Arizona: ACJA § 7-208
Alternative Business Structure (ABS)
An Arizona-licensed business model, created by Arizona Supreme Court order effective January 1, 2021, that allows non-lawyers to co-own firms that deliver legal services through licensed attorneys. Arizona was the first state to adopt it.
In Arizona: ACJA § 7-209 ; Ariz. Sup. Ct. Admin. Order R-20-0034
Related: How it works · About
Divorce, legal separation & family law
Dissolution of marriage
Arizona's legal term for divorce — the court process that ends a marriage by decree. For non-covenant marriages, Arizona is a no-fault state: the court must find the marriage "irretrievably broken."
In Arizona: ARS § 25-312
Related: Uncontested divorce
Irretrievably broken
The no-fault ground for divorce in Arizona: a finding that there is no reasonable prospect of reconciliation.
In Arizona: ARS § 25-312(D)
Uncontested divorce
An informal label for a dissolution in which both spouses agree on all terms — property, debts, support, and (if applicable) parenting — so the case can finish without trial, often by consent decree.
In Arizona: azcourts.gov Self-Service Center
Related: Uncontested divorce
90-day residency (domicile) requirement
Before filing for dissolution, one spouse must have been domiciled in Arizona (or stationed here in the armed forces) for at least 90 days. Legal separation does not carry the 90-day requirement — domicile at filing suffices.
In Arizona: ARS § 25-312(A)(1) vs § 25-313(A)(1)
Related: Divorce · Legal separation
60-day waiting period
Arizona courts cannot hold a hearing or grant a decree of dissolution or legal separation until 60 days after service or acceptance of service.
In Arizona: ARS § 25-329
Related: Divorce
Legal separation
A court decree that resolves property, support, and parenting like a divorce but leaves the marriage legally intact — neither spouse may remarry. Requires that the other spouse not object; if one objects and divorce residency is met, the court must convert the case to a dissolution.
In Arizona: ARS § 25-313
Related: Legal separation
Conversion (separation → divorce)
Either spouse may later file a petition for dissolution under the same case number as a legal separation; property division from the separation decree generally stays locked, while support and parenting can be re-set.
In Arizona: ARS § 25-325(B)
Related: Separation reversal & conversion
Annulment
A court judgment declaring a marriage null and void because of an impediment that made it invalid from the start — different from divorce, which ends a valid marriage.
In Arizona: ARS § 25-301
Related: Divorce
Community property
Arizona's marital-property system: property acquired by either spouse during the marriage is generally owned by both, with exceptions for gifts, inheritance, and property acquired after service of a petition that results in a decree.
In Arizona: ARS § 25-211
Related: Divorce
Separate property
Property a spouse owned before marriage, or received during marriage by gift or inheritance, plus its rents and profits — not divided as community property in a decree.
In Arizona: ARS § 25-213
Related: Divorce
Spousal maintenance
Arizona's term for alimony — court-ordered support from one spouse to the other, awarded under the statutory factors in A.R.S. § 25-319 and quantified under the Arizona Spousal Maintenance Guidelines. The current Guidelines took effect under Administrative Order No. 2025-101 on September 1, 2025 (a proportional 30–50%-of-marriage duration, with a 12-year / 50% cap for marriages of 16+ years); orders entered before that date applied the 2023 Guidelines.
In Arizona: ARS § 25-319 ; azcourts.gov guidelines
Related: Support calculator · Divorce
Child support
Court-ordered financial support for a child, set under the Arizona Child Support Guidelines (2022) adopted pursuant to statute.
In Arizona: ARS § 25-320 ; azcourts.gov guidelines
Related: Support calculator
Legal decision-making
Arizona's term for what other states call legal custody: the authority to make major decisions for a child (education, health care, religious upbringing, personal care), allocated sole or joint.
In Arizona: ARS § 25-401
Related: Divorce
Parenting time
The schedule of time a child spends with each parent. Arizona courts order parenting time consistent with the child's best interests under statutory factors.
In Arizona: ARS § 25-401 ; § 25-403
Related: Support calculator · Divorce
Preliminary injunction (family law)
An automatic court order that takes effect when a dissolution or legal-separation case begins, restraining both spouses from things like disposing of community property, harassing each other, or removing children from the state without consent.
In Arizona: ARS § 25-315
Related: Divorce
Covenant marriage
An optional, stricter form of Arizona marriage requiring premarital counseling; ending or legally separating from a covenant marriage requires specific statutory grounds rather than the standard no-fault ground.
In Arizona: ARS § 25-901 ; § 25-903 ; § 25-904
Order of Protection
A court order restraining a person from contact or proximity to protect against domestic violence; in Arizona it can be requested through AZPOINT, the online portal.
In Arizona: ARS § 13-3602 ; azpoint.azcourts.gov
Bankruptcy (Chapter 7)
Chapter 7 bankruptcy
The "liquidation" chapter of the federal Bankruptcy Code: qualifying debtors receive a discharge of most unsecured debts, while a trustee may sell non-exempt assets (most consumer cases are "no-asset" cases).
In Arizona: 11 U.S.C. ch. 7 ; uscourts.gov basics
Related: Chapter 7 bankruptcy
Chapter 13 bankruptcy
The "wage earner" chapter: debtors with regular income keep assets and repay some or all debt through a 3–5 year court-approved plan.
In Arizona: 11 U.S.C. ch. 13
Related: Chapter 7 bankruptcy
Means test
The income-based screen for Chapter 7 eligibility: debtors above their state's median income for household size complete a calculation of disposable income to determine whether a presumption of abuse applies.
In Arizona: 11 U.S.C. § 707(b) ; DOJ UST means-testing data
Related: Chapter 7 bankruptcy
Automatic stay
The injunction that takes effect the moment a bankruptcy case is filed, generally stopping collection actions, lawsuits, garnishments, and most creditor contact while the case is pending.
In Arizona: 11 U.S.C. § 362
Related: Chapter 7 bankruptcy
341 meeting (meeting of creditors)
A required meeting, typically a few weeks after filing, where the trustee (and any creditors who appear) question the debtor under oath about assets and finances.
In Arizona: 11 U.S.C. § 341
Related: Chapter 7 bankruptcy
Bankruptcy trustee
The person appointed to administer the bankruptcy estate — reviewing schedules, conducting the 341 meeting, and in Chapter 7 liquidating any non-exempt assets for creditors.
In Arizona: 11 U.S.C. § 704
Related: Chapter 7 bankruptcy
Discharge
The court order that releases the debtor from personal liability on dischargeable debts and bars creditors from collecting them.
In Arizona: 11 U.S.C. § 727 ; § 524(a)
Related: Chapter 7 bankruptcy
Bankruptcy exemptions (Arizona opt-out)
The property a debtor may protect from the bankruptcy estate. Arizona has opted out of the federal exemption list, so Arizona filers generally use Arizona's exemption statutes.
In Arizona: ARS § 33-1133(B)
Related: Chapter 7 bankruptcy
Reaffirmation agreement
An agreement, filed with the court, by which a debtor voluntarily remains personally liable on a debt (commonly a car loan) that would otherwise be discharged.
In Arizona: 11 U.S.C. § 524(c)
Related: Chapter 7 bankruptcy
Nondischargeable debt
Debt that survives bankruptcy — for example most taxes, domestic support obligations, and most student loans, among the categories listed in the Code.
In Arizona: 11 U.S.C. § 523
Related: Chapter 7 bankruptcy
Credit counseling requirement
Individuals must complete an approved credit-counseling course within 180 days before filing, and a debtor-education course before discharge.
In Arizona: 11 U.S.C. § 109(h) ; DOJ UST approved agencies
Related: Chapter 7 bankruptcy
Wills, estate & probate
Last will and testament
A written document directing how a person's property passes at death and who administers the estate. In Arizona a person 18 or older and of sound mind may make a will; a non-holographic will must be in writing, signed, and witnessed by two people.
In Arizona: ARS § 14-2501 ; § 14-2502
Related: Wills & estate
Holographic will
A will valid in Arizona without witnesses if the signature and the material provisions are in the testator's own handwriting.
In Arizona: ARS § 14-2503
Related: Wills & estate
Self-proving affidavit
A notarized affidavit signed by the testator and witnesses that lets a will be admitted to probate without witness testimony.
In Arizona: ARS § 14-2504
Related: Wills & estate
Electronic will
Arizona recognizes wills created and signed electronically if statutory requirements are met (Arizona authorized electronic wills effective 2019).
In Arizona: ARS § 14-2518
Related: Wills & estate
Codicil
A separate, later document that amends an existing will; it must meet the same execution formalities as a will.
In Arizona: ARS § 14-2501 et seq.
Related: Wills & estate
Intestate succession
The statutory order in which property passes when someone dies without a valid will — generally to the surviving spouse and descendants under Arizona's intestacy statutes.
In Arizona: ARS § 14-2101 et seq.
Related: Wills & estate
Probate
The court-supervised process of proving a will (or administering an intestate estate), appointing a personal representative, paying debts, and distributing property. Arizona offers informal, formal, and supervised tracks.
In Arizona: azcourts.gov probate self-help ; ARS Title 14, ch. 3
Related: Wills & estate
Informal probate
The streamlined, registrar-level probate track used when the will and application are uncontested — no court hearing is typically required.
In Arizona: ARS § 14-3301
Related: Wills & estate
Personal representative
Arizona's term for the executor/administrator: the person appointed to administer the estate, with appointment priority set by statute.
In Arizona: ARS § 14-3203
Related: Wills & estate
Beneficiary deed
An Arizona deed that transfers real property automatically at the owner's death to a named beneficiary, without probate, and is revocable during the owner's lifetime.
In Arizona: ARS § 33-405
Related: Wills & estate
Revocable living trust
A trust created during life that the maker can amend or revoke, commonly used to manage assets and pass them outside probate. Arizona trusts are governed by the Arizona Trust Code.
In Arizona: ARS § 14-10101 et seq.
Related: Wills & estate
Durable power of attorney (financial)
A document appointing an agent to handle financial matters, which remains effective (or becomes effective) upon the principal's incapacity, with execution requirements set by statute.
In Arizona: ARS § 14-5501
Related: Wills & estate
Health care power of attorney
A document designating an agent to make health-care decisions if the principal cannot, under Arizona's health-care directives statutes.
In Arizona: ARS § 36-3221
Related: Wills & estate
Living will (health care directive)
A written statement of a person's wishes about end-of-life and other medical care, used to guide providers and the health-care agent.
In Arizona: ARS § 36-3261 ; § 36-3262 (sample form)
Related: Wills & estate
Mental health care power of attorney
A separate Arizona designation authorizing an agent to make mental-health treatment decisions, including admission to certain facilities, if the principal becomes incapacitated.
In Arizona: ARS § 36-3281
Related: Wills & estate
Guardianship / conservatorship
Court appointments for an incapacitated person or minor: a guardian makes personal/care decisions; a conservator manages property and finances.
In Arizona: Guardian: ARS § 14-5301 (adult), § 14-5204 (minor); Conservator: ARS § 14-5401
Related: Wills & estate
Community property with right of survivorship
A way for spouses to hold Arizona real property so that it passes automatically to the surviving spouse at death, combining community-property treatment with survivorship.
In Arizona: ARS § 33-431
Related: Wills & estate
Sources are primary where possible: Arizona Revised Statutes (azleg.gov), the Arizona Judicial Branch (azcourts.gov), the U.S. Courts / U.S. Code, and the Arizona Code of Judicial Administration. Definitions pending the "Legally reviewed by [attorney] — Last reviewed [date]" byline once an Arizona attorney signs off. Last built 2026-06-09 21:45:00.