The Judicial Branch of Arizona, Maricopa County
Superior Court >Self- Service Center > Glossary
Glossary
Adoption: See "Community Services (For Minors)".
Alimony: See "Spousal Maintenance".
Annual Report of Guardian: Every year, a Guardian of an adult, and a guardian who is not related to his or her minor ward, must file an Annual Report stating the condition of the ward, whether the Guardianship should continue, how he or she cared for the ward during the last year, and what the plans are to care for the ward for the next year. A Guardian is obligated to provide the most reasonable care that is possible under the circumstances.
No court form is sent to you in advance. You must remember to do this yourself. The form you write must be called "Annual Report of Guardian."
The Guardian must file the Annual Report with the Probate Registrar and send copies to Probate Court Administration, to the ward, and to all other interested persons. Forms are available at the Self-Service Center.
Annulment: A court process to declare that the parties were never legally married to begin with, because at the time of the marriage something was so wrong that no legal relationship could be established by marriage. The annulment decree will specify the legal reason why the marriage was void from the beginning, and will also specify everything else like child custody, parent-child access (visitation), child support, division of property and debt, Spousal maintenance (alimony) and name change of either party if requested. If you are interested in an or annulment, you can get help from an attorney who can get you on the right track to help yourself.
Arizona Tax Court: See Arizona Tax Court Information.
Assessor: The county officer charged with determining the market value and classification of property for tax purposes. See Arizona Tax Court Information.
Batterer/Battery: See "Offender", as well as "Domestic Violence".
Burden of Proof (Small Claims Tax Appeal): You, the plaintiff, have the burden of proof to persuade the judge by a greater weight of the evidence that the assessor’s valuation is too high or that the classification is wrong. See Arizona Tax Court Information.
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Child Custody: The rights and relationships between the parents and the children after the divorce decree. The court can order sole custody or shared ( joint) custody. Child support is a different issue from child custody.
Child Support: Payments made by one parent to the other for the needs of the child. A parent who has physical custody of a child more than 50% of the time may receive support from the other parent for the support of the child. Further Information.
Classification: How a property is actually used determines the rate at which a property is taxed. There are 11 different classifications of property described in Arizona’s statute. See Arizona Tax Court Information.
Community Property: Community Property is the name for property in Arizona that a husband and wife acquire during marriage. Community property is generally owned by both spouses, unless they specifically agree differently. When either spouse dies, the surviving spouse owns the community property of both spouses. See "Pensions and Retirement Funds" and "Title to Property".
Visit our Resources page for information on finding a variety of community services.
Communtiy Services: Many people come to Court for help when they have money troubles, problems with relationships, substance abuse or mental health problems, and so on. There are many agencies that offer services to help with these problems. Many of these services are free, or are available on a sliding scale basis to help people afford them.
Visit our Resources page for information on finding a variety of community services.
Communtiy Services (For an Adult): A legal Guardianship or Conservatorship for an adult who needs some assistance is not always desirable or necessary. Alternatives are sometimes available in the community. Here are some examples:
Communtiy Services (For Minors):A legal Guardianship or Conservatorship for a minor child is not always desirable or necessary. Alternatives are sometimes available in the community. Here are some examples:
Complaint: Papers filed with the court by the plaintiff to initiate a lawsuit. In small claims tax appeal this is the document you signed contesting the value or classification of the property you own or in which you have an interest. See Arizona Tax Court Information.
Conservatorship of a Minor: A person appointed by the judge to manage money and property for someone under the age of 18. The Conservator is usually a parent or sometimes a financial institution. The minor child for whom the Conservator is appointed is referred to by law as a "protected person." Further Information.
Conservatorship of an Adult: A Conservator is a person, or sometimes a financial institution, appointed by the judge to manage money and property for someone else. The person needing the Conservatorship is called a "protected person."
The judge may appoint a Conservator when the judge determines two things: First, that the person to be protected is not capable of managing his or her money and property effectively. Second, that the person to be protected has money or property that may be squandered. A Conservator will not be appointed until after a court hearing.
The judge will order the Conservator to obtain a bond in an amount the judge determines is necessary to protect the person’s assets. Bonds insure protection against theft or fraud and are obtained from insurance companies. The Court might order that part of the ward’s assets are restricted, which will lower the amount of the bond. Further Information.
Counseling Services: These services can help you deal with the emotional and psychological problems that often accompany domestic violence. Visit our Resources page to find a listing of services which may be able to assist in your needs.
County Attorney: The county’s legal representative. The county attorney defends the county’s interest in property tax cases. See Arizona Tax Court Information.
Court Fees and Costs: By Arizona law the court is required to charge fees to file many types of papers related to domestic relations, probate, and civil cases.
In some situations, the court may allow for a waiver or deferral of court costs or fees. Further Information.
Crisis Intervention: These services can help you with the immediate crisis by giving you counseling, and information about medical or other help. Visit our Resources page to find a listing of services which may be able to assist in your needs.
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Deferral: See "Court Fees and Costs".
Discharge: See "Resignation (Termination, Discharge)".
Division of Property and Debt: Arizona is called a community property state. This means any property you and your spouse acquired during the marriage (other than gifts or inheritances), or that was paid for during the marriage belongs to the both of you. When either spouse files for a divorce, all the community property must be divided into separate property, so each spouse is allocated a certain amount of the property, and a certain amount of the debt. In a divorce, each spouse is entitled to roughly half of the community property and debts. It usually does not matter who paid for the property directly, whose credit it was purchased under, or who uses the property most of the time. However, property that was received as a gift by one particular spouse, or that was an inheritance by one spouse, is not generally community property. Also, property that either spouse bought or acquired or paid for before the marriage is generally not community property. But there might be some other results if during the marriage the spouse continued to make payments on the property with community funds.
Divorce: Divorce is a court process to dissolve or end a legal marriage. All the legal rights and relationships between the spouses resulting from marriage are ended as of the moment the judge signs the divorce decree. The divorce decree will specify everything between the spouses like child custody, parent-child access visitation), child support, division of property and debt, spousal maintenance (alimony), and can change the name of either party if he or she took the name of the other spouse at marriage and now wants to go back to the former name. Requirements to File for Divorce.
Domestice Violence: Domestic violence includes the following crimes that result in violence or the threat of violence against anyone in a domestic relationship: assault, threatening and intimidating, endangerment, custodial interference, unlawful imprisonment, kidnapping, criminal trespass, criminal damage, disorderly conduct and crimes against children. If you are in immediate danger of becoming a victim of domestic violence, call 911 now. Also, see Warning Signs of Domestic Violence and Victim Options.
Durable Power of Attorney: A little broader than either a general or special Power of Attorney. A Durable Power of Attorney becomes effective ONLY when you become disabled or mentally incompetent, depending upon the way it is written. These documents must be notarized and witnessed. Further Information.
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Emergency Orders: Sometimes you may have a serious emergency requiring an immediate temporary court order. Cases that are considered emergencies are when someone is about to cause serious bodily harm to another person, or the health or safety or welfare of a person is in serious and immediate jeopardy. You cannot ask the judge for emergency court orders solely to get an earlier court hearing, or for any other improper purpose. It is up to the judge to decide whether you have an emergency or not.
Emergency Shelters: These are places located all around the county where you, and in most cases your children, can go when you leave the abusive person. The addresses of the shelters are usually kept secret so the abusing person cannot follow you there to continue the abuse. In the shelters you will have a safe place to stay, food, and often counseling, to help you and your family. Many shelters also have support groups and recovery counseling for victims who are still with their partners. Visit our Resources page to find a listing of services which may be able to assist in your needs.
Explanation About Resignation, Termination, Discharge: This occurs when a minor reaches the age of 18, or if the ward needs a Guardian but the current Guardian is no longer willing or capable of continuing. In this kind of case, the court will appoint another guardian or conservator to take over. A guardianship of an adult can terminate, or end, when the ward dies or when the ward is found to be no longer incompetent.
You still need a court order that formally ends the Conservatorship and approves the final accounting. If you want to end a conservatorship for a minor, and the conservator or the minor live out of state, we have a special court process to help you avoid coming for a court hearing. Otherwise, you must come to court for the hearing to end the conservatorship and release the funds.
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Foster Care: See "Community Services (For Minors)".
Full Cash Value: The fair market value, determined by standard appraisal methods and techniques. See Arizona Tax Court Information.
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Guardianship for Gravely Disabled Persons: A person becomes an adult at age 18 and has the rights of an adult, including the right to refuse medical treatment, even treatment for a mental disorder. Sometimes, a person with a mental disorder may be so severely disabled that someone else must make decisions about his or her mental health treatment.
If the court decides that the person is "gravely disabled," the judge may appoint a Guardian with special authority to make mental health treatment decisions. This Guardian is called a "Title 36 Guardian." Further Information and Resources.
Guardianship of a Minor: Guardian of a minor is someone other than a parent who is appointed by the judge to make decisions for a child under the age of 18. Generally, the Guardian of a minor has the same authority and responsibility that a parent has to provide food, housing, medical care, education and supervision. Unlike a parent, a Guardian is not required to provide for the child from personal funds, and is not necessarily financially responsible to others for the actions of the ward, just because of the Guardianship. Further Information.
Guardianship of an Adult: A Guardian is appointed by the judge to make decisions for someone who, because of mental or physical illness, disability or alcohol or drug abuse, can’t make those decisions. The law calls this individual an "incapacitated person." An incapacitated adult for whom a Guardian has been appointed is referred to by law as a "ward." The decisions a Guardian makes concerning arrangements for the adult ward includes: housing, education, medical care, food, clothing, and social activities.
Often, friends or family members ask the court for legal authority to act as Guardian. When no friend or family member is willing to accept this responsibility, the judge may appoint a private fiduciary who charges fees for services provided. If the ward has no money, the judge may appoint the Maricopa County Public Fiduciary as Guardian. Further Information.
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Give copies of either your health care power of attorney or your living will to your doctors as soon as you sign them and to any health care facility if you are admitted for treatment. You should also tell your doctor how your agent, with the power of attorney for health care, can be reached. Also, tell your agents where you keep the original document you signed, and give your agents and family members a copy.
These kinds of powers do not expire or end unless you either replace them with a new document, or sign a document called a "revocation" to end the power.
There are forms to help you with this in legal stores and in bookstores. Also available at the SSC.
Health Care Power of Attorney: See "Health Care Directive".
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Also see
When You Can File For an Injunction Against Harassment
What To Do Once The Judge Has Signed Your Order
or
Information on Procedures For Opposing an Injunction Against Harassment.
Joint Tenancy: See "Title to Property".
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Living Will: See "Health Care Directive" Available from SSC.
Medical Insurance: Considered part of child support. If the parent who is ordered to make the child support payment is the same parent who pays the children’s medical insurance premium, the Child Support Order is usually lowered to account for the cost of the medical insurance. Similarly, if the parent who receives the child support payment is the same parent who pays the children’s medical insurance premium, the Child Support Order is usually raised. Further Information.
You may be an offender or be in danger of becoming an offender if:
Order About and for the Use of Restricted Funds: Often when a Conservatorship is ordered, the judge will specifically state what property or assets are restricted. Restricted means the Conservator cannot touch these assets without further order of the court. Sometimes a Conservator needs to ask the judge for permission to do something different than what is already allowed with restricted money. Further Information.
Order of Protection: Issued in cases where the criminal behavior of one person is against a person who is in a particular relationship with one offending person. You can file an Order of Protection if you meet the following:
Also see
What To Do Once The Judge Has Signed The Order of Protection
Information on How to Oppose an Order of Protection
What an Order of Protection Will Provide
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Pensions and Retirement Funds: Community property also applies to pensions and retirement funds and profit sharing and stock plans. Generally each spouse has a right to one-half interest in the spouses plan, but ONLY for the number of years of the marriage. The longer your marriage, the greater your financial interest is in each other’s plan. If you or your spouse have retirement plans, you will need to file a document with the court that is called a Qualified Domestic Relations Order, or a QDRO to divide the plan. This is a very specialized legal document that almost always requires professional assistance to prepare. Further Information.
Petition for Appointment as Guardian or Conservator for Adults: Before you file court papers for appointment as a Guardian or Conservator, you must decide if you are asking for a Guardianship, a Conservatorship, or both.
You need to complete the petition and other papers for permanent appointment. You will need the name of a doctor who will examine the person and make a written report to the court about why the person needs a guardian or conservator. Also, you must get a lawyer appointed to represent the person you say needs a guardian or conservator. Then, file the papers at the court and get the hearing date set. Hearing dates are generally set about 6-8 weeks after the paperwork is filed.
Petition for Appointment as Guardian or Conservator for Minors: Before you file court papers for appointment as a Guardian or Conservator, you must decide if you are asking for a Guardianship, a Conservatorship, or both.
You will need to get a signed document from the parents of the minor that allows you to be appointed the guardian. This is called a voluntary consent. And, if you are not related to the minor, you will have to be fingerprinted by the Department of Public Safety. You then need to complete the petition and other court papers for permanent appointment.
After you file the court papers and go for fingerprints, you will have to give notice of the court hearing on the appointment request to everyone who is entitled to know about what you are doing. If the judge appoints you as guardian or conservator, you must fulfill all your duties under the court order until you are formally dismissed by another court order.
It usually takes about 3½ months from the time you file the court papers to get a guardian or a conservator for a minor appointed, unless it is an emergency.
Petition for Temporary Orders: See "Temporary Orders".
Plaintiff: The person that initiates a lawsuit. In small claims tax appeals this is party bringing the appeal - or complaint - against the county. See Arizona Tax Court Information.
Police: Police help with violence on the scene, and some departments also offer civil stand-by which is when an officer goes with you to your home to help you safely get your personal or your children’s property. A civil stand-by cannot be used to divide shared or community property. Visit our Resources page to find a listing of services which may be able to assist in your needs.
Power of Attorney (Care of Child or Adult): Sometimes a parent or guardian wants to travel or for some other reason does not have direct contact with a minor or incapacitated person for a short time. In these cases, the parent or guardian might want to give the authority and responsibility for the minor or the adult ward to another person whom the parent or guardian trusts. The kinds of powers that might be given can include making medical decisions, getting records or reports, or other matters that would otherwise require the signature or presence of the parent or guardian.
This kind of power of attorney is limited to six months, but it can be renewed. For this kind of power of attorney, the parent or guardian must sign and date a document stating the name of the person to whom the powers are given, the name of the minor or ward, and any restrictions the parent or guardian wishes to put on the person who will now have the power to make decisions for the minor or ward.
There are forms to help you do this in legal form stores and some book stores. After the legal parent or guardian signs the form, the person who has the power of attorney should keep the original to show to doctors, schools, or others that want proof of legal authority.
Power of Attorney (Financial or Business Transactions): A Power of Attorney is a legal document that gives someone you trust the authority to carry out business transactions for you. Types of business transactions might include selling a house, cashing a Social Security check, or making other financial decisions. The person you appoint to act in your place is known as the "attorney in fact" or your agent. It is very important that your agent is someone you trust. There are several types of power of attorney: General Power of Attorney, Special Power of Attorney, and Durable Power of Attorney. Further Information available at the SSC.
Presumption: The assessor’s estimated market value and classification is presumed valid in property tax appeals. The burden is on the plaintiff to prove that the value differs or that the classification is incorrect. See Arizona Tax Court Information.
Probate Case: When a person dies, you might have to come to probate court if:
Property Payable on Death to a Named Benediciary: See "Title to Property".
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Respite Care: See "Community Services (For Minors)".
Seperate Property: The name for property acquired before marriage, or during the marriage as a gift or inheritance. Any property bought during marriage with separate property, and kept as separate property, is not community property. When a person dies, separate property will pass on to others according to how title to the property is held, like joint tenancy or payable on death to a beneficiary, or according to any other legal documents, like a will, or a trust, or according to the laws of inheritance. Further Information.
Settlement: An agreement reached through negotiation by parties involved in a legal dispute.
Shared Custody: Shared or joint custody is when both parents take the responsibility for making decisions and for raising the children. Generally each parent has parent-child access rights (visitation), and generally both parents also share physical custody. Parents who want the court to order joint custody must file a Joint Custody Agreement signed by both parents before the judge will sign the divorce decree.
Small Claims: Any lawsuit brought by one party/company against another party/company where the amount of money requested does not exceed $2,500. This type of case is heard in the Justice of the Peace courts. For more information about the Justice of the Peace courts in Maricopa County, including links to small claims forms & instructions, click here.
Small Claims Tax Appeal: See Arizona Tax Court Information.
Sole Custody: When one parent has full legal responsibility for the child, although the other parent may have parent-child access rights visitation.
Special Power of Attorney: Gives power only to manage a specific business or financial affair, such as selling your car. (Either a General or Special Power of Attorney automatically ends when you become incompetent.) Further Information.
Spousal Maintenance: The money that is paid by one spouse to the other as part of the divorce decree. The payment is designed to be a safety net for a spouse who cannot provide for his or her needs or who meets other requirements under law. The idea behind Spousal maintenance is that the accomplishments of the spouses during the marriage, including increases in earning potential and living standards, are shared and earned by BOTH spouses, not just the spouse who gets a paycheck or has a job. Spousal maintenance is paid separately from child support and is not a substitute for or a supplement to child support payments. Further Information.
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Termination: See "Resignation (Termination, Discharge)".
Testimony: Information supplied by people involved in a dispute. Testimony is given under oath, a legally binding promise to tell the truth.
Title 36 Guardian: See "Guardianship For Gravely Disabled Persons".
Title to Property: When a person dies, you need to know how title to the property was held by the person to know who gets it at death. Here are some general guidelines to help you:
Transfer of Property of a Person who has Died: When a person dies, family members often wonder what to do about the person’s property. Here is how to decide what to do.
Trusts: Estate planing tools that name a trustee to manage a person’s assets during his or her lifetime, and tells the trustee how to distribute those assets when the person dies. Unlike a will, a trust can reduce or eliminate estate taxes, and the need for probate court. Further Information.
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Will: If a person dies without a valid Will, Arizona law determines who inherits the estate. If a person dies with a Will, the Will usually determines who gets the property of the person who died. A Will can also be used to say who should take care of children under the age of 18, or someone who is disabled. The requirements for a Will are very technical. A Will written in another state, that is valid in that state, is usually valid in Arizona. A Will that is written in the handwriting of the person making the Will is valid in Arizona if it is in the handwriting of the person who died and was signed and dated by the person before death. Once a Will is written, the original should be kept in a safe place so it can be found when the person who wrote the Will dies. A Will does NOT need to be recorded with the County Recorder. The Court does not accept Wills for safekeeping until the person dies. The Court only accepts a Will if a probate in court is required. Further Information.
Witness: An individual with information about a legal dispute who is called to provide that information to a court.
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Provided is a listing of court related terms, defined to help you with the filing of your forms. To locate your definition, click on the initial letter of the word or phrase your searching for.
| A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z |
A
Abuser/Abuse: See "Offender", as well as "Domestic Violence".Adoption: See "Community Services (For Minors)".
Alimony: See "Spousal Maintenance".
Annual Report of Guardian: Every year, a Guardian of an adult, and a guardian who is not related to his or her minor ward, must file an Annual Report stating the condition of the ward, whether the Guardianship should continue, how he or she cared for the ward during the last year, and what the plans are to care for the ward for the next year. A Guardian is obligated to provide the most reasonable care that is possible under the circumstances.
No court form is sent to you in advance. You must remember to do this yourself. The form you write must be called "Annual Report of Guardian."
The Guardian must file the Annual Report with the Probate Registrar and send copies to Probate Court Administration, to the ward, and to all other interested persons. Forms are available at the Self-Service Center.
Annulment: A court process to declare that the parties were never legally married to begin with, because at the time of the marriage something was so wrong that no legal relationship could be established by marriage. The annulment decree will specify the legal reason why the marriage was void from the beginning, and will also specify everything else like child custody, parent-child access (visitation), child support, division of property and debt, Spousal maintenance (alimony) and name change of either party if requested. If you are interested in an or annulment, you can get help from an attorney who can get you on the right track to help yourself.
Arizona Tax Court: See Arizona Tax Court Information.
Assessor: The county officer charged with determining the market value and classification of property for tax purposes. See Arizona Tax Court Information.
B
Bankruptcy: See United States Bankruptcy Court, District of Arizona.Batterer/Battery: See "Offender", as well as "Domestic Violence".
Burden of Proof (Small Claims Tax Appeal): You, the plaintiff, have the burden of proof to persuade the judge by a greater weight of the evidence that the assessor’s valuation is too high or that the classification is wrong. See Arizona Tax Court Information.
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C
Caretaker: See "Community Services (For Minors)".Child Custody: The rights and relationships between the parents and the children after the divorce decree. The court can order sole custody or shared ( joint) custody. Child support is a different issue from child custody.
Child Support: Payments made by one parent to the other for the needs of the child. A parent who has physical custody of a child more than 50% of the time may receive support from the other parent for the support of the child. Further Information.
Classification: How a property is actually used determines the rate at which a property is taxed. There are 11 different classifications of property described in Arizona’s statute. See Arizona Tax Court Information.
Community Property: Community Property is the name for property in Arizona that a husband and wife acquire during marriage. Community property is generally owned by both spouses, unless they specifically agree differently. When either spouse dies, the surviving spouse owns the community property of both spouses. See "Pensions and Retirement Funds" and "Title to Property".
Visit our Resources page for information on finding a variety of community services.
Communtiy Services: Many people come to Court for help when they have money troubles, problems with relationships, substance abuse or mental health problems, and so on. There are many agencies that offer services to help with these problems. Many of these services are free, or are available on a sliding scale basis to help people afford them.
Visit our Resources page for information on finding a variety of community services.
Communtiy Services (For an Adult): A legal Guardianship or Conservatorship for an adult who needs some assistance is not always desirable or necessary. Alternatives are sometimes available in the community. Here are some examples:
- Family or friends can assume some responsibility. The individual who needs some assistance may wish to give a trusted friend or relative a limited power of attorney which the caretaker can show to doctors, banks and so on.
- Respite care may be another alternative. Many organizations in the community offer services designed to assist an individual in day-to-day care. Just a sample of available services include counseling, medical supplies and equipment, food share and meal delivery programs, home repair, housing, legal services, live-in health services, nursing registries, senior centers, support groups, telephone reassurance, transportation and talking books.
Communtiy Services (For Minors):A legal Guardianship or Conservatorship for a minor child is not always desirable or necessary. Alternatives are sometimes available in the community. Here are some examples:
- If a child’s parents are alive but temporarily unable to care for their child, a friend or relative can take that responsibility. Parents or legal Guardians can sign a power of attorney that the caretaker can show to doctors, school officials and so on. In Arizona this kind of power of attorney is limited to six months at a time.
- Adoption is another alternative. Adoption changes the relationship between the child and the natural parents, making the adopting adult the legal parent. The natural parent loses all parental rights and responsibilities in an adoption.
- Foster care may be an alternative. Foster parents are licensed to care for a child who has been removed from the biological or legal parents by a court order. If foster parents wish to become the child’s legal Guardians, the local social services agency can consult with them on the Guardianship process.
Complaint: Papers filed with the court by the plaintiff to initiate a lawsuit. In small claims tax appeal this is the document you signed contesting the value or classification of the property you own or in which you have an interest. See Arizona Tax Court Information.
Conservatorship of a Minor: A person appointed by the judge to manage money and property for someone under the age of 18. The Conservator is usually a parent or sometimes a financial institution. The minor child for whom the Conservator is appointed is referred to by law as a "protected person." Further Information.
Conservatorship of an Adult: A Conservator is a person, or sometimes a financial institution, appointed by the judge to manage money and property for someone else. The person needing the Conservatorship is called a "protected person."
The judge may appoint a Conservator when the judge determines two things: First, that the person to be protected is not capable of managing his or her money and property effectively. Second, that the person to be protected has money or property that may be squandered. A Conservator will not be appointed until after a court hearing.
The judge will order the Conservator to obtain a bond in an amount the judge determines is necessary to protect the person’s assets. Bonds insure protection against theft or fraud and are obtained from insurance companies. The Court might order that part of the ward’s assets are restricted, which will lower the amount of the bond. Further Information.
Counseling Services: These services can help you deal with the emotional and psychological problems that often accompany domestic violence. Visit our Resources page to find a listing of services which may be able to assist in your needs.
County Attorney: The county’s legal representative. The county attorney defends the county’s interest in property tax cases. See Arizona Tax Court Information.
Court Fees and Costs: By Arizona law the court is required to charge fees to file many types of papers related to domestic relations, probate, and civil cases.
In some situations, the court may allow for a waiver or deferral of court costs or fees. Further Information.
Crisis Intervention: These services can help you with the immediate crisis by giving you counseling, and information about medical or other help. Visit our Resources page to find a listing of services which may be able to assist in your needs.
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D
Defendant: The party against whom a claim is brought. In property tax disputes, this is the county that assessed or classified the property. See Arizona Tax Court Information.Deferral: See "Court Fees and Costs".
Discharge: See "Resignation (Termination, Discharge)".
Division of Property and Debt: Arizona is called a community property state. This means any property you and your spouse acquired during the marriage (other than gifts or inheritances), or that was paid for during the marriage belongs to the both of you. When either spouse files for a divorce, all the community property must be divided into separate property, so each spouse is allocated a certain amount of the property, and a certain amount of the debt. In a divorce, each spouse is entitled to roughly half of the community property and debts. It usually does not matter who paid for the property directly, whose credit it was purchased under, or who uses the property most of the time. However, property that was received as a gift by one particular spouse, or that was an inheritance by one spouse, is not generally community property. Also, property that either spouse bought or acquired or paid for before the marriage is generally not community property. But there might be some other results if during the marriage the spouse continued to make payments on the property with community funds.
Divorce: Divorce is a court process to dissolve or end a legal marriage. All the legal rights and relationships between the spouses resulting from marriage are ended as of the moment the judge signs the divorce decree. The divorce decree will specify everything between the spouses like child custody, parent-child access visitation), child support, division of property and debt, spousal maintenance (alimony), and can change the name of either party if he or she took the name of the other spouse at marriage and now wants to go back to the former name. Requirements to File for Divorce.
Domestice Violence: Domestic violence includes the following crimes that result in violence or the threat of violence against anyone in a domestic relationship: assault, threatening and intimidating, endangerment, custodial interference, unlawful imprisonment, kidnapping, criminal trespass, criminal damage, disorderly conduct and crimes against children. If you are in immediate danger of becoming a victim of domestic violence, call 911 now. Also, see Warning Signs of Domestic Violence and Victim Options.
Durable Power of Attorney: A little broader than either a general or special Power of Attorney. A Durable Power of Attorney becomes effective ONLY when you become disabled or mentally incompetent, depending upon the way it is written. These documents must be notarized and witnessed. Further Information.
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E
Emergency Medical: These services are emergency rooms at hospitals or the fire department paramedics that can help you with immediate physical effects of domestic violence. Call 911 now if you need emergency medical help. Also, visit our Resources page to find a listing of services which can help with less immediate concerns.Emergency Orders: Sometimes you may have a serious emergency requiring an immediate temporary court order. Cases that are considered emergencies are when someone is about to cause serious bodily harm to another person, or the health or safety or welfare of a person is in serious and immediate jeopardy. You cannot ask the judge for emergency court orders solely to get an earlier court hearing, or for any other improper purpose. It is up to the judge to decide whether you have an emergency or not.
Emergency Shelters: These are places located all around the county where you, and in most cases your children, can go when you leave the abusive person. The addresses of the shelters are usually kept secret so the abusing person cannot follow you there to continue the abuse. In the shelters you will have a safe place to stay, food, and often counseling, to help you and your family. Many shelters also have support groups and recovery counseling for victims who are still with their partners. Visit our Resources page to find a listing of services which may be able to assist in your needs.
Explanation About Resignation, Termination, Discharge: This occurs when a minor reaches the age of 18, or if the ward needs a Guardian but the current Guardian is no longer willing or capable of continuing. In this kind of case, the court will appoint another guardian or conservator to take over. A guardianship of an adult can terminate, or end, when the ward dies or when the ward is found to be no longer incompetent.
You still need a court order that formally ends the Conservatorship and approves the final accounting. If you want to end a conservatorship for a minor, and the conservator or the minor live out of state, we have a special court process to help you avoid coming for a court hearing. Otherwise, you must come to court for the hearing to end the conservatorship and release the funds.
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Financial Help: These services include emergency financial help, and also credit counseling, help finding jobs, and job training information. Visit our Resources page to find a listing of services which may be able to assist in your needs.Foster Care: See "Community Services (For Minors)".
Full Cash Value: The fair market value, determined by standard appraisal methods and techniques. See Arizona Tax Court Information.
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General Power of Attorney: Gives power to manage ALL of your business and financial affairs. (Either a General or Special Power of Attorney automatically ends when you become incompetent.) Further Information.Guardianship for Gravely Disabled Persons: A person becomes an adult at age 18 and has the rights of an adult, including the right to refuse medical treatment, even treatment for a mental disorder. Sometimes, a person with a mental disorder may be so severely disabled that someone else must make decisions about his or her mental health treatment.
If the court decides that the person is "gravely disabled," the judge may appoint a Guardian with special authority to make mental health treatment decisions. This Guardian is called a "Title 36 Guardian." Further Information and Resources.
Guardianship of a Minor: Guardian of a minor is someone other than a parent who is appointed by the judge to make decisions for a child under the age of 18. Generally, the Guardian of a minor has the same authority and responsibility that a parent has to provide food, housing, medical care, education and supervision. Unlike a parent, a Guardian is not required to provide for the child from personal funds, and is not necessarily financially responsible to others for the actions of the ward, just because of the Guardianship. Further Information.
Guardianship of an Adult: A Guardian is appointed by the judge to make decisions for someone who, because of mental or physical illness, disability or alcohol or drug abuse, can’t make those decisions. The law calls this individual an "incapacitated person." An incapacitated adult for whom a Guardian has been appointed is referred to by law as a "ward." The decisions a Guardian makes concerning arrangements for the adult ward includes: housing, education, medical care, food, clothing, and social activities.
Often, friends or family members ask the court for legal authority to act as Guardian. When no friend or family member is willing to accept this responsibility, the judge may appoint a private fiduciary who charges fees for services provided. If the ward has no money, the judge may appoint the Maricopa County Public Fiduciary as Guardian. Further Information.
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Harassment: According to Arizona law, harassment must involve a series of acts. Just one incident, no matter how much it bothers you, does not constitute legal harassment. According to the law this series of acts:- can be spread over a long or short period of time; and,
- must be the same type of repetitive act against you; and,
- must be directed at you; and,
- must seriously alarm, annoy, or harass you without serving a legitimate purpose; and,
- must be the kinds of acts that would cause a reasonable person to suffer substantial emotional distress; and,
- must actually cause you to suffer substantial emotional distress.
- A health care power of attorney is a written statement you sign in which you name an adult you trust to make health care decisions for you only when you cannot make or communicate such decisions yourself.
- A living will is a written statement that tells your doctor a specific list of medical treatments you want and do not want performed on you if you become unable to speak for yourself.
Give copies of either your health care power of attorney or your living will to your doctors as soon as you sign them and to any health care facility if you are admitted for treatment. You should also tell your doctor how your agent, with the power of attorney for health care, can be reached. Also, tell your agents where you keep the original document you signed, and give your agents and family members a copy.
These kinds of powers do not expire or end unless you either replace them with a new document, or sign a document called a "revocation" to end the power.
There are forms to help you with this in legal stores and in bookstores. Also available at the SSC.
Health Care Power of Attorney: See "Health Care Directive".
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Injunction Against Harassment: If you are being harassed by anyone, related or otherwise, you may file legal paperwork with the court to request an Injunction Against Harassment. When you file an Injunction Against Harassment you are the plaintiff. The person you want protection from is the defendant. Unlike the Order of Protection, an Injunction Against Harassment is not based on criminal behavior and is not based on the relationship between the parties. Injunction Against Harassment Forms can be picked up at any of the Municipal Courts in Maricopa County.Also see
When You Can File For an Injunction Against Harassment
What To Do Once The Judge Has Signed Your Order
or
Information on Procedures For Opposing an Injunction Against Harassment.
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Joint Custody: See "Shared Custody".Joint Tenancy: See "Title to Property".
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Legal Separation: A court process to determine some of the important rights and relationships between the spouses, but does not divorce them. So, the spouses are still married, and many legal relationships do not change, like property and debt obligations or rights. The decree for legal separation can specify various relationships between the spouses like child custody, parent-child access (visitation), child support, and Spousal maintenance (alimony) as well as a division of community property and debt up to the date of the court order, but all the legal rights and relationships resulting from marriage are not ended as with divorce.Living Will: See "Health Care Directive" Available from SSC.
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Medical-Dental: These are non-emergency services that may be available that are reduced or no cost to you and your family. Visit our Resources page to find a listing of services which may be able to assist in your needs.Medical Insurance: Considered part of child support. If the parent who is ordered to make the child support payment is the same parent who pays the children’s medical insurance premium, the Child Support Order is usually lowered to account for the cost of the medical insurance. Similarly, if the parent who receives the child support payment is the same parent who pays the children’s medical insurance premium, the Child Support Order is usually raised. Further Information.
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Offender: (Abuser or Batterer)You may be an offender or be in danger of becoming an offender if:
- you are very jealous; or
- you sulk silently when you are upset; or
- you have an explosive temper; or
- you criticize and put down your partner a lot; or
- you have difficulty expressing your feelings; or
- you believe that it is your role to be in charge; or
- you have contempt for the opposite sex; or
- you protect your partner to the point of controlling; or
- you try to control your partner's behavior, money and decisions; or
- you have broken things, thrown things at your partner, choked, hit, shoved or kicked your partner when you were angry, or threatened your partner.
Order About and for the Use of Restricted Funds: Often when a Conservatorship is ordered, the judge will specifically state what property or assets are restricted. Restricted means the Conservator cannot touch these assets without further order of the court. Sometimes a Conservator needs to ask the judge for permission to do something different than what is already allowed with restricted money. Further Information.
Order of Protection: Issued in cases where the criminal behavior of one person is against a person who is in a particular relationship with one offending person. You can file an Order of Protection if you meet the following:
- you and the person you are seeking the Order against are or were married; or
- if you have a child together or are expecting a child together; or
- if you are of the opposite sex and live together or have lived together; or
- if you are blood relatives or related by marriage.
Also see
What To Do Once The Judge Has Signed The Order of Protection
Information on How to Oppose an Order of Protection
What an Order of Protection Will Provide
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Parent-Child Access: See "Visitation".Pensions and Retirement Funds: Community property also applies to pensions and retirement funds and profit sharing and stock plans. Generally each spouse has a right to one-half interest in the spouses plan, but ONLY for the number of years of the marriage. The longer your marriage, the greater your financial interest is in each other’s plan. If you or your spouse have retirement plans, you will need to file a document with the court that is called a Qualified Domestic Relations Order, or a QDRO to divide the plan. This is a very specialized legal document that almost always requires professional assistance to prepare. Further Information.
Petition for Appointment as Guardian or Conservator for Adults: Before you file court papers for appointment as a Guardian or Conservator, you must decide if you are asking for a Guardianship, a Conservatorship, or both.
You need to complete the petition and other papers for permanent appointment. You will need the name of a doctor who will examine the person and make a written report to the court about why the person needs a guardian or conservator. Also, you must get a lawyer appointed to represent the person you say needs a guardian or conservator. Then, file the papers at the court and get the hearing date set. Hearing dates are generally set about 6-8 weeks after the paperwork is filed.
Petition for Appointment as Guardian or Conservator for Minors: Before you file court papers for appointment as a Guardian or Conservator, you must decide if you are asking for a Guardianship, a Conservatorship, or both.
You will need to get a signed document from the parents of the minor that allows you to be appointed the guardian. This is called a voluntary consent. And, if you are not related to the minor, you will have to be fingerprinted by the Department of Public Safety. You then need to complete the petition and other court papers for permanent appointment.
After you file the court papers and go for fingerprints, you will have to give notice of the court hearing on the appointment request to everyone who is entitled to know about what you are doing. If the judge appoints you as guardian or conservator, you must fulfill all your duties under the court order until you are formally dismissed by another court order.
It usually takes about 3½ months from the time you file the court papers to get a guardian or a conservator for a minor appointed, unless it is an emergency.
Petition for Temporary Orders: See "Temporary Orders".
Plaintiff: The person that initiates a lawsuit. In small claims tax appeals this is party bringing the appeal - or complaint - against the county. See Arizona Tax Court Information.
Police: Police help with violence on the scene, and some departments also offer civil stand-by which is when an officer goes with you to your home to help you safely get your personal or your children’s property. A civil stand-by cannot be used to divide shared or community property. Visit our Resources page to find a listing of services which may be able to assist in your needs.
Power of Attorney (Care of Child or Adult): Sometimes a parent or guardian wants to travel or for some other reason does not have direct contact with a minor or incapacitated person for a short time. In these cases, the parent or guardian might want to give the authority and responsibility for the minor or the adult ward to another person whom the parent or guardian trusts. The kinds of powers that might be given can include making medical decisions, getting records or reports, or other matters that would otherwise require the signature or presence of the parent or guardian.
This kind of power of attorney is limited to six months, but it can be renewed. For this kind of power of attorney, the parent or guardian must sign and date a document stating the name of the person to whom the powers are given, the name of the minor or ward, and any restrictions the parent or guardian wishes to put on the person who will now have the power to make decisions for the minor or ward.
There are forms to help you do this in legal form stores and some book stores. After the legal parent or guardian signs the form, the person who has the power of attorney should keep the original to show to doctors, schools, or others that want proof of legal authority.
Power of Attorney (Financial or Business Transactions): A Power of Attorney is a legal document that gives someone you trust the authority to carry out business transactions for you. Types of business transactions might include selling a house, cashing a Social Security check, or making other financial decisions. The person you appoint to act in your place is known as the "attorney in fact" or your agent. It is very important that your agent is someone you trust. There are several types of power of attorney: General Power of Attorney, Special Power of Attorney, and Durable Power of Attorney. Further Information available at the SSC.
Presumption: The assessor’s estimated market value and classification is presumed valid in property tax appeals. The burden is on the plaintiff to prove that the value differs or that the classification is incorrect. See Arizona Tax Court Information.
Probate Case: When a person dies, you might have to come to probate court if:
- the person’s property did not pass on automatically according to the title or arrangements such as joint tenancy, community property, or a trust, AND
- the estate is large enough that the property cannot pass on as a small estate.
Property Payable on Death to a Named Benediciary: See "Title to Property".
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Resignation (Termination, Discharge): Orders the judge may enter in your case while you are waiting to finalize the divorce. Either the Petitioner or the respondent can file for temporary orders. Temporary orders are short-term decisions by the judge about child support, child custody, parent-child access (visitation), Spousal maintenance, property, and payment of debts, until a final court order on the case. To file for temporary orders you need a special court form called the Petition for Temporary Orders, and some other documents. You also need to get a hearing date scheduled for the judge to decide about the temporary order petition.Respite Care: See "Community Services (For Minors)".
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Self-Representation: See "Tips on Self-Representation".Seperate Property: The name for property acquired before marriage, or during the marriage as a gift or inheritance. Any property bought during marriage with separate property, and kept as separate property, is not community property. When a person dies, separate property will pass on to others according to how title to the property is held, like joint tenancy or payable on death to a beneficiary, or according to any other legal documents, like a will, or a trust, or according to the laws of inheritance. Further Information.
Settlement: An agreement reached through negotiation by parties involved in a legal dispute.
Shared Custody: Shared or joint custody is when both parents take the responsibility for making decisions and for raising the children. Generally each parent has parent-child access rights (visitation), and generally both parents also share physical custody. Parents who want the court to order joint custody must file a Joint Custody Agreement signed by both parents before the judge will sign the divorce decree.
Small Claims: Any lawsuit brought by one party/company against another party/company where the amount of money requested does not exceed $2,500. This type of case is heard in the Justice of the Peace courts. For more information about the Justice of the Peace courts in Maricopa County, including links to small claims forms & instructions, click here.
Small Claims Tax Appeal: See Arizona Tax Court Information.
Sole Custody: When one parent has full legal responsibility for the child, although the other parent may have parent-child access rights visitation.
Special Power of Attorney: Gives power only to manage a specific business or financial affair, such as selling your car. (Either a General or Special Power of Attorney automatically ends when you become incompetent.) Further Information.
Spousal Maintenance: The money that is paid by one spouse to the other as part of the divorce decree. The payment is designed to be a safety net for a spouse who cannot provide for his or her needs or who meets other requirements under law. The idea behind Spousal maintenance is that the accomplishments of the spouses during the marriage, including increases in earning potential and living standards, are shared and earned by BOTH spouses, not just the spouse who gets a paycheck or has a job. Spousal maintenance is paid separately from child support and is not a substitute for or a supplement to child support payments. Further Information.
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Temporary Orders: Orders the judge may enter in your case while you are waiting to finalize the divorce. Either the Petitioner or the respondent can file for temporary orders. Temporary orders are short-term decisions by the judge about child support, child custody, parent-child access (visitation), Spousal maintenance, property, and payment of debts, until a final court order has been issued on the case. To file for temporary orders you need a special court form called the Petition for Temporary Orders, and some other documents. You also need to get a hearing date scheduled for the judge to decide about the temporary order petition. Further Information.Termination: See "Resignation (Termination, Discharge)".
Testimony: Information supplied by people involved in a dispute. Testimony is given under oath, a legally binding promise to tell the truth.
Title 36 Guardian: See "Guardianship For Gravely Disabled Persons".
Title to Property: When a person dies, you need to know how title to the property was held by the person to know who gets it at death. Here are some general guidelines to help you:
- Joint tenancy is property that is held in the names of 2 or more people as joint tenants with a right of survivorship. This means that when any joint tenant dies, the survivors automatically own the share of the person who died. Examples of this kind of ownership can include deeds to houses, titles to vehicles, government bonds, and bank accounts.
- Property payable on death to a named beneficiary goes to the beneficiary when the person dies. Examples of this are life insurance policies and some retirement funds.
Transfer of Property of a Person who has Died: When a person dies, family members often wonder what to do about the person’s property. Here is how to decide what to do.
- Gather up all the paperwork -- a will (if one exists), tax records, titles to cars and vehicles, deeds to houses, checking and savings accounts, all paperwork about social security, savings bonds, insurance policies, retirement plans, investments, loans, payments, and credit records.
- Now you are ready to decide what to do about the property.
- First, decide how each piece of property was legally held by the person who died. To do this you need to know a little about community property, separate property, and joint tenancies well as trusts and wills.
- Then, see what property can be passed on without going to probate court.
- Finally, even if you need to file a case in probate court to pass on the property, it is generally not hard to do. Click here for that information. See "Probate Case".
Trusts: Estate planing tools that name a trustee to manage a person’s assets during his or her lifetime, and tells the trustee how to distribute those assets when the person dies. Unlike a will, a trust can reduce or eliminate estate taxes, and the need for probate court. Further Information.
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Visitation: Parent-child access (visitation) is ordered so that the parent who does not have primary custody of the child can still see the child. The court will order reasonable visitation according to the age of the child, but the amount of visitation can vary by agreement between the parents. A judge cannot make a parent visit a child if the parent does not want to. Further Information.W
Waiver: See "Court Fees and Costs".Will: If a person dies without a valid Will, Arizona law determines who inherits the estate. If a person dies with a Will, the Will usually determines who gets the property of the person who died. A Will can also be used to say who should take care of children under the age of 18, or someone who is disabled. The requirements for a Will are very technical. A Will written in another state, that is valid in that state, is usually valid in Arizona. A Will that is written in the handwriting of the person making the Will is valid in Arizona if it is in the handwriting of the person who died and was signed and dated by the person before death. Once a Will is written, the original should be kept in a safe place so it can be found when the person who wrote the Will dies. A Will does NOT need to be recorded with the County Recorder. The Court does not accept Wills for safekeeping until the person dies. The Court only accepts a Will if a probate in court is required. Further Information.
Witness: An individual with information about a legal dispute who is called to provide that information to a court.
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Yearly Accounting by Conservator: The Conservator must file for approval of accounting with the court EVERY YEAR on or before the anniversary date of appointment as Conservator, if any of the funds or assets are not restricted. If the Conservator is also the Guardian, then the Guardian Conservator must also submit the annual report of Guardian at the same time. The petition for approval of the annual accounting must include $175.00 to pay for review by the Court Accountant. Further Information.Z
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