Annulment

The following is an alphabetical list of common terms used in Arizona family law cases. These definitions can help clarify specific terms you may encounter in your case. For a chronological explanation of a typical family law case in Arizona, see Divorce with Children (Case Stages) or Divorce without Children (Case Stages). While the “Definitions” and “Case Stages” sections provide a general overview, it is strongly recommended that you contact DM Cantor’s Family Law Practice (currently known as Cantor Law Group) for a free initial consultation to discuss your specific situation.

In some states, it is possible to obtain an annulment, which is a legal declaration that the marriage never occurred. Although Arizona recognizes annulments, once granted many of the same divorce laws apply. However, if an annulment occurs, neither spouse is entitled to spousal maintenance.

Child Custody (“Relocation” Cases)

When one parent wishes to move out of the area — or out of Arizona — and take the children with them, specific legal steps must be followed. This issue is often addressed during the initial child custody litigation phase, where the court evaluates what is in the best interest of the child. All the same considerations used in any custody case will apply (see Child Custody (Permanent Orders)).

If the divorce has already been finalized and Child Custody Permanent Orders are in place, the parent wishing to move must seek a modification of the existing visitation and custody orders.

The court will consider:

• Whether custody is sole or joint.
• Whether the move is intended to frustrate the visitation rights of the other parent.

When litigation is required, the court will re-examine the custody arrangement. The moving parent must demonstrate a substantial change in circumstances justifying the relocation, such as:

• Accepting a significantly higher-paying job
• Needing to live with or care for a terminally ill parent
• Being transferred by an employer

Simply wishing to move is not considered a substantial change in circumstances.

At DM Cantor’s Family Law Practice (currently known as Cantor Law Group), we have successfully handled many “relocation” cases for both the relocating parent and the parent seeking to prevent the move.

Child Custody (Permanent Orders)

When determining permanent child custody, the court evaluates multiple factors under A.R.S 24-403 to decide what is in the best interests of the child.

Often, the parents’ attorneys will draft a written Joint Parenting Plan, which outlines custody arrangements and visitation schedules for holidays, weekends, birthdays, and more. Judges typically consider joint custody to be in the child’s best interest, but will assess feasibility based on factors like the parents’ proximity and work schedules. In some cases, the court may order joint custody over one parent’s objection.

Custody Evaluations and Expert Testimony
Courts often rely on expert witness testimony in custody cases. A Custody Evaluation is often initiated through a request for appointment of a mental health expert — involves:

• Psychological testing of both parents 
• Interviews with the family and relevant witnesses, and sometimes the children 
• Use of information from confidential sources to prepare recommendations 

The expert’s report may be accepted by the parties or ordered by the judge even if both parents object.

At DM Cantor’s Family Law Practice (currently known as Cantor Law Group), we work with a network of expert witnesses to help the court make custody decisions in the best interests of the child. We ensure that all relevant evidence supporting your position is effectively presented to the court.

Child Custody (Temporary Orders)

When a Petition for Dissolution is filed, it is common for one or both parties to request Temporary Orders regarding child custody. These orders are intended to maintain the status quo for the children’s living arrangements, minimizing upheaval and disruption in their lives. The court’s primary concern is always the best interests of the child.

Temporary Orders typically address:

• Parenting time
• Legal decision-making authority

Timeline for Hearings

• Standard Temporary Orders: Usually take a couple of months to be heard by the court.
• Emergency Temporary Orders: Can be requested by either party and are typically heard within 24 hours. These are granted when there is a risk of irreparable harm to the children, often involving allegations of child abuse, drug abuse, or serious mental health concerns.

Emergency Hearings

• May be heard ex parte (with only one party present) if urgent action is required.
• The judge relies on written declarations and sometimes brief testimony.
• A Hearing is scheduled within ten days to allow the non-appearing party to present their evidence and respond to allegations.

At DM Cantor’s Family Law Practice (currently known as Cantor Law Group), we have extensive experience handling both Emergency and Standard Temporary Orders in child custody matters, ensuring the best possible protection for your children.

Child Support

The court can order either parent to pay child support, which is money used to house, feed, and educate the child. Determination of child support is based on financial factors, not which parent is considered the “better parent.”

Factors Considered by the Court:

• Each parties income
• Which party pays for the child’s medical insurance and the monthly cost
• The court may consider daycare or certain education expenses
• The amount of time the child spends at each parent’s residence

Arizona Supreme Court Guidelines

Child support in Arizona is calculated using statewide guidelines that rely on mathematical formulas considering:

• The incomes of both parents
• The amount of parenting time
• Other relevant debts and expenses

At DM Cantor’s Family Law Practice (currently known as Cantor Law Group), we understand how to accurately determine the appropriate amount of child support owed by the paying parent.

What Counts as Income
The court considers a broad definition of income, including:

• Wages, salaries, bonuses, commissions, and overtime pay
• Disability payments and Social Security income
• Rental property income
• Investment income

If a parent is unemployed, the court may impute income at a minimum wage level for 40 hours per week, unless the parent is under 18 and in high school or can prove they cannot work for other valid reasons.

Self-Employment Considerations

Self-employed parents often require extensive discovery to determine true income, as cash receipts and personal expenses claimed as business costs may hide actual earnings. Tax returns may not reflect accurate income, but other financial documents such as a profit & loss statement can reveal true earnings.

Medical Expenses

All child support orders must assign responsibility for:

• Medical insurance coverage for the child
• Payment of all non-covered medical expenses for the child

Important Notes:

• The income of a new spouse or significant other is not considered in determining a parent’s support obligation.
• Child support orders can be modified if there is a substantial change in circumstances.

At DM Cantor’s Family Law Practice (currently known as Cantor Law Group), we have extensive experience handling child support calculations, enforcement, and modifications.

Consent Decree / Marital Settlement Agreement

If the parties reach a settlement before going to trial, they may file a Marital Settlement Agreement with the court. This agreement acts as a contract between the parties resolving all issues in the case.

The document is typically titled a “Marital Settlement agreement” or “Property Settlement agreement” and must:

• Be signed by both parties
• Be filed with the court along with the Decree of Dissolution for the judge’s review, approval, and signature

The court will generally adopt the terms of the agreement unless there are clear legal or procedural issues.

A Consent Decree is common when one spouse does not wish to contest the original Petition for Dissolution.

Before entering into a Marital Settlement Agreement, it is important to seek legal advice from DM Cantor’s Family Law Practice (currently known as Cantor Law Group) to ensure you are not unintentionally giving up important future rights.

These agreements are often used to resolve matters such as:

• Legal Decision-Making Authority and Parenting Time
• Child Support
• Property Division
• Spousal Maintenance

Contested and Uncontested Divorces

An Uncontested Divorce occurs when your spouse does not file a Response to your Petition for Dissolution. This can lead to either:

• A Default Judgment, or
• An agreement reached informally, resulting in a Consent Decree / Marital Settlement Agreement without any official court dispute.

A Contested Divorce occurs when your spouse files a Response to your Petition for Dissolution, indicating they oppose or wish to modify your requests.

Filing a Response does not prevent the parties from eventually reaching a Consent Decree / Marital Settlement Agreement. In many cases:

• The responding spouse files their Response.
• Both parties proceed through the Discovery phase.
• An agreement is reached between attorneys after Discovery is completed.

If a settlement is still not reached, the case will proceed to trial.

Court Appointed Attorneys for Children (Guardian ad Litem)

In certain cases, the court may appoint an attorney for a child — known as a Guardian ad Litem (GAL) — if the judge believes that the parents’ positions may conflict with the best interests of the child.

This can happen, for example, when:

• There are allegations of abuse and neglect coming from both parents

The appointment of a Guardian ad Litem helps prevent parents from engaging in a “tug-of-war” over the child.

A GAL’s role is to:

• Review the circumstances objectively.
• Agree with aspects of each parent’s position where appropriate.
• Oppose aspects that conflict with the child’s best interests.

In many cases, the GAL’s recommendations lead to a compromise that satisfies the child’s needs, the parents’ concerns, and the court’s objectives.

Decree of Dissolution

The Decree of Dissolution is the final judgment that officially ends a marriage, restoring both spouses to the status of unmarried persons. It also sets forth the court’s final rulings on:

• Legal Decision-Making Authority and Parenting Time
• Child Support
• Property Division
• Spousal Maintenance

Some provisions take effect immediately, while others have specific effective dates. (See “Final Judgment”)

Default Judgment

A Default Judgment occurs when one spouse fails to respond to the Petition for Dissolution within the required time frame:

• 20 days for an Arizona resident
• 30 days for an out-of-state resident

Once the response deadline passes without action, the filing spouse may submit a Notice of Default to the court, requesting that all relief sought in the original petition be granted.

Process:

1. After the Notice of Default is filed, the non-responding spouse has 10 additional days to file a response.
2. If no response is filed, the case is assigned to a judge for a Default Hearing to enter the Decree of Dissolution.
3. The filing spouse must attend the hearing for the judge to sign the decree. This usually occurs within two to four weeks.

Setting Aside a Default Judgment:

• Even after a default is granted, the defaulted spouse can file a Motion to Set Aside the Default Judgment to request permission to respond.
• If granted, the case process restarts.

If you have had a default judgment entered against you, contact DM Cantor’s Family Law Practice (currently known as Cantor Law Group) immediately for assistance in rectifying the situation.

Discovery Process

Discovery is the process that allows each party in a divorce or family law case to examine all possible evidence supporting their claims or defenses. In Arizona, both spouses are required to disclose in writing all legal and factual grounds for their positions.

Parties must also file a Notice of Witnesses listing all witnesses they intend to call and must exchange any documents they plan to use at trial. Failure to disclose information or documents can result in those items being barred from use at trial.

Common Discovery Tools:

• Interrogatories – Written questions that each party must answer in writing.
  Depositions – Court-ordered, in-person interviews conducted with both attorneys present and a court reporter recording the proceedings. Sometimes one spouse may attend to help their attorney follow up on answers. 
• Requests for Admissions – Written questions requiring the other party to admit or deny specific facts (e.g., “Are you the father of the child?”) to save time and narrow the issues.
• Requests for Production of Documents – Formal requests for specific documents believed to be relevant and helpful to a party’s case.

Purpose of Discovery

Discovery solidifies the issues for both sides and helps cases move toward a Marital Settlement Agreement / Consent Decree. Settlements are typically preferable to trial, but if trial is inevitable, these discovery tools are essential for achieving the most favorable outcome.

At DM Cantor’s Family Law Practice (currently known as Cantor Law Group), we maintain an extensive database of interrogatories and deposition questions, as well as some of the most thorough and effective requests for production of documents available in the legal field.

Divorce / Dissolution of Marriage

In Arizona, marriages legally end through a Dissolution Proceeding, formerly known as a divorce. The only recognized grounds for divorce are that the marriage is “irretrievably broken” due to irreconcilable differences. Arizona is a no-fault divorce state, meaning it is not necessary to prove wrongdoing by either spouse — only that one party wishes to end the marriage.

Uncontested Divorce
An uncontested divorce occurs when the other spouse does not file a Response to the Petition for Dissolution. This can result in:

• A Default Judgment, or
• A Consent Decree / Marital Settlement Agreement reached without any formal litigation.

Contested Divorce
A contested divorce occurs when the other spouse files a Response to the Petition for Dissolution, indicating they dispute some or all terms. This does not prevent the parties from eventually reaching a settlement.

In many cases:

• The responding spouse files their Response.
• The case proceeds through the Discovery process.
• An agreement is reached between the parties or their attorneys afterward.

If a settlement is not reached, the case proceeds to trial for the court to decide unresolved issues.

Final Judgment

After reviewing all evidence, the judge will issue a Final Judgment in the form of a Decree of Dissolution. This document will address specific issues, most notably property division.

While Arizona is a community property state — meaning assets are generally divided equally — this division is not always divided exactly equal. For example:

• One spouse may receive a more valuable asset in exchange for taking on additional debt.
• A common scenario is one spouse keeping the marital home while assuming full responsibility for the mortgage.

In some cases, a spouse may keep a pension or retirement account in exchange for giving up another valuable asset.

If the parties cannot agree on how to divide assets, the judge may order the sale of certain property and divide the proceeds equally.

Irretrievably Broken / Irreconcilable Differences

In Arizona, this is the only recognized ground for divorce. The law does not require proof that either party was “at fault” for the dissolution. All that is necessary is that one party wishes to end the marriage. (See also: No Fault Divorce)

Legal Separation

A Legal Separation may be temporary or indefinite. It is a legal decree issued when:

• The judge determines there is an irretrievable breakdown of the marriage, or
• One spouse wishes to live separate and apart from the other.

Benefits of Legal Separation:

• Keeps the possibility of reconciliation open.
• Allow spouses to remain on each others medical insurance

If one spouse objects to a legal separation, the case will be amended to a Petition for Dissolution and proceed as a divorce.

A legal separation also resolves matters such as:

• • Legal Decision-Making Authority and Parenting Time
  • Child Support
  • Property Division

• Spousal Maintenance

At the conclusion of the process, the marriage remains intact. Legal separation is often chosen for religious reasons or to preserve the hope of future reconciliation.

Maiden Name Restoration

A wife may request restoration of her former or maiden name in the Petition for Dissolution. When preparing your petition with DM Cantor’s Family Law Practice (currently known as Cantor Law Group), simply request the name change, and we will handle it quickly and efficiently.

No Fault

In some states, one party must be found “at fault” for the breakup of the marriage, often involving allegations such as infidelity, substance abuse, or domestic violence. Arizona is a No Fault Divorce state, meaning no blame is assigned. It is not necessary to prove wrongdoing — the marriage can be dissolved simply because one spouse wishes to end it.

Paternity

A Paternity action is a court proceeding to establish a legal parental relationship, which creates both parental rights and responsibilities. These actions can be initiated by:

• The custodial parent
• The non-custodial parent
• The Attorney General’s Office or County Attorney’s Office

Purpose:

• Determine child custody, child support, visitation rights, and state welfare reimbursement
• Does not address property division issues between unmarried parents

Process:

1. File a Petition to establish a parental relationship.
2. Request DNA testing to confirm or deny paternity.
3. Once paternity is established, the court can decide custody, and support — unless the paternity case was originally brought only for welfare reimbursement, in which case a separate action is needed. 

At DM Cantor’s Family Law Practice (currently known as Cantor Law Group), we work with certified labs to provide reliable DNA testing.

Petition for Dissolution

A Petition for Dissolution is the first step in starting a divorce case in Arizona. When filing, the following are typically included:

• Petition for Dissolution (to initiate the divorce)
• Preliminary Injunction (court order prohibiting certain actions during the case)
• Request for Maiden Name Restoration (optional)
• Order and Notice to Attend Parent Information Program Classes (mandatory in cases involving children)

Parent Information Program Classes:

• Both spouses must complete the class within 45 days of service of the Petition.
• The class must be completed before the judge will issue a Decree of Dissolution.
• Our office provide all necessary instructions, costs, and sign-up information.

Residency Requirement:

• At least one spouse must have lived in Arizona for 90 days before filing.

Waiting Period:

• A minimum 60-day waiting period applies after the other spouse is served before the divorce can be finalized.

Post Judgment Enforcement / Modification

Once a Final Judgment is issued — whether through a Marital Settlement Agreement, or Trial Judgment — both parties are legally bound by the terms of the Decree of Dissolution.

If either spouse fails to comply, the court may issue an Order to Show Cause requiring them to explain why they should not be held in contempt. Possible court sanctions include:

• Monetary fines
• Imprisonment
• Wage garnishment for past-due child support

Modification of a Decree of Dissolution may be necessary when circumstances change, such as:

• Loss of a job or significant reduction in income for child support modification
• Health issues or high medical expenses, particularly involving a child
• Any change that impacts the best interests of the child
• You can not modify terms related to the division of assets and debts

DM Cantor’s Family Law Practice (currently known as Cantor Law Group) is experienced in handling all post-judgment enforcement and modification issues.

Post Trial Remedies

After the judge files the Decree of Dissolution, strict time limits apply:

• Appeal: A Notice of Appeal must be filed within 30 days of the decree.

Appeal Process

• Appeals allow for broad grounds, such as the improper admission or exclusion of evidence over an attorney’s objection.
• Appeals are filed with the Arizona Court of Appeals.
• If the appellate court finds a harmful error, the case may be remanded to the Superior Court for a new trial.
• Sometimes, even when an error is found, it may not be deemed significant enough to overturn the judgment.

DM Cantor’s Family Law Practice (currently known as Cantor Law Group) has extensive appellate experience, with attorneys who have had cases published in Arizona case law and who have argued issues before both the Arizona Court of Appeals and the Arizona Supreme Court.

Preliminary Injunction

One of the first documents filed with a Petition for Dissolution is a Preliminary Injunction. This court order is the first ruling issued during the dissolution proceeding and serves to:

• Prevent either spouse from selling, transferring, or giving away any community property (protects both parties’ interests)
• Prevent either spouse from taking the children out of state without the written consent of the other parent
• Prohibit either spouse from harassing or disturbing the peace of the other

Prenuptial / Premarital Agreements

A Prenuptial (or Premarital) Agreement is a contract entered into before marriage. To be enforceable, it must:

• Be in writing
• Be signed by both parties
• Be entered into voluntarily
• Not be unconscionable at the time of execution
• Include full and fair disclosure of each party’s property, financial interests, and obligations (unless disclosure is voluntarily waived and the other party already has adequate knowledge)

It is best for the future spouse to review the agreement with their own attorney before signing.

When a Prenuptial Agreement is Advisable:

• If either spouse has a substantial net worth
• If either spouse has children from a prior marriage — to protect their inheritance beyond a standard will or trust

DM Cantor’s Family Law Practice (currently known as Cantor Law Group) can prepare a comprehensive prenuptial or premarital agreement tailored to protect your personal and family interests.

Property Division / Community Property

Arizona is a Community Property state.

• Separate Property: 
  • Property owned prior to the marriage remains with its original owner.
  • Inheritances and individual gifts are generally considered separate property. 
• Community Property: 
  • All property and debt acquired during the marriage through joint resources or funds, including wedding gifts, are considered community property.
  • Property acquired outside Arizona during the marriage is still considered community property if it would have been classified as such had it been acquired in Arizona.
  • Marital misconduct or “fault” is irrelevant when dividing community property.

Community property may include:

• Pensions, benefits, and stock plans
• Accrued vacation pay and deferred compensation
• Frequent flier miles
• Publishing rights, copyrights, and patents
• Any other assets of value acquired during the marriage

The court may consider:

• Wasteful spending or destruction of community assets
• Concealment or fraudulent transfers of property
• Amount and type of property available for division

The court can order repayment of separate property used to improve community property (e.g., using inheritance funds to renovate the marital home). The judge can also place a lien on separate property to secure payment for obligations such as spousal maintenance, child support, or other court orders in the Final Judgment.

Reconciliation Request

If one spouse believes the marriage can be saved, they may petition the court for marriage counseling.

• This request can suspend the dissolution proceedings for up to 120 days while the court evaluates whether reconciliation is possible and likely.

Residency / Jurisdiction

To file for a Petition for Dissolution (divorce) in Arizona:

• At least one spouse must have lived in Arizona for a minimum of 90 days before filing.
• Once the petition is filed, there is a 60-day waiting period after the Service of Process before the divorce can be finalized.

For Legal Separation:

• There is no residency requirement beyond establishing residency within Arizona, and the action can be filed at any time thereafter.

Service of Process / Summons

Once a Petition for Dissolution is filed, the petitioner must serve the Summons and all required documents on the respondent.

• The most effective method is using a private process server.
• After being served, the respondent has 20 days to file a response (30 days if out of state).
• If no response is filed, the court may grant all relief requested in the petition (Default Judgment).

If you are served, it is important to contact DM Cantor’s Family Law Practice (currently known as Cantor Law Group) immediately, as property division and child custody rights are at stake and must be addressed promptly.

Spousal Maintenance (Alimony)

In Arizona, spousal maintenance is not intended as punishment. Its purpose is to:

• Help a spouse maintain the standard of living enjoyed during the marriage.
• Assist in the transition from married life to financial independence.

Partial List of Factors Considered by the Court:

• Ability of the requesting spouse to meet their needs independently (through separate property or other resources)
• Inability to support themselves through employment
• Inability to work due to the age or needs of a young child
• Contributions (financial or otherwise) to the education or career of the other spouse
• Length of the marriage and age of the requesting spouse affecting employability
• Time needed to gain education or training for employment
• Future earning capacities of both spouses
• Standard of living during the marriage
• Ability of the paying spouse to maintain their own standard of living while providing support
• Destruction, concealment, or waste of community property by either spouse
• Comparative earning abilities of the spouses
• Ages and physical/emotional conditions of both spouses
• Jobs held during the marriage
• Educational and vocational skills of the requesting spouse

Temporary Orders

Temporary Orders differ from a Preliminary Injunction in that they set temporary rules for the parties during the dissolution process. These orders may address:

• Who will live in the primary residence
• Whether spousal maintenance (alimony) will be paid
• How bills will be divided and paid
• Parenting time
• Other immediate logistical and financial issues

Temporary Orders often become Permanent Orders either through:

• Agreement of the parties (Consent Decree / Marital Settlement Agreement)
• A judge’s ruling after trial (Final Judgment / Decree of Dissolution)

Trial

If settlement negotiations fail after discovery, the case will be set for trial.

General Trial Structure in Arizona Divorce Cases:

• Most trials last 3-6 hours, but complex cases involving child custody or large assets can take multiple days.
• Arizona divorce trials are bench trials (no jury). The judge hears all evidence and issues the Final Judgment in the form of a Decree of Dissolution.

Presentation of Evidence:

1. Petitioner’s Case 
   • The petitioner presents evidence first (direct evidence).
   • The respondent’s attorney then cross-examines witnesses.
   • The petitioner’s attorney may conduct redirect examination. 
2. Respondent’s Case 
   • The respondent presents their evidence (direct evidence).
   • The petitioner’s attorney cross-examines witnesses.
   • The respondent’s attorney may conduct redirect examination.

Burden of Proof:

• Each side must prove its claims by a preponderance of the evidence — meaning a fact is more likely than not to be true (just over 50%).

Objections:

• Attorneys may object to evidence or testimony to preserve the record for appeal. Failure to object may prevent raising the issue later in an appeal. 

Closing Arguments:

• After all evidence is presented, both sides may give closing arguments.
• The petitioner argues first; the respondent goes last.

Judge’s Ruling:

• The judge may issue a decision immediately or take the matter under advisement.
• While most rulings are made within a week or two, the judge has up to 60 days by law to submit the Final Judgment and Decree of Dissolution.

At DM Cantor’s Family Law Practice (currently known as Cantor Law Group), our attorneys have extensive bench and jury trial experience, earning recognition in the Bar Register of Preeminent Lawyers®.