Davis Miles Glossary of Family Law & Estate Planning Terms
Family Law Terms
Alimony (Spousal Maintenance)
Financial support that one spouse may be ordered to pay to the other after divorce or separation. Arizona law bases awards on factors like marriage length, income disparity, and standard of living.
Best Interests of the Child
The legal standard Arizona courts use to decide custody, focusing on the child’s well-being, stability, and development. Factors include parental involvement, safety, school, and home environment.
Child Custody (Legal Decision-Making & Parenting Time)
Legal decision-making refers to a parent’s right to make decisions about education, healthcare, and religion. Parenting time refers to when each parent physically spends time with the child.
Child Support
Court-ordered financial payments from one parent to the other to help cover a child’s living expenses. Calculated based on income, number of children, and parenting time.
Community Property
In Arizona, property acquired during marriage is presumed to be jointly owned, regardless of whose name is on the title. Divided equally in divorce, with exceptions for gifts and inheritances.
Contested Divorce
When spouses cannot agree on issues like custody, support, or property division, requiring court involvement to decide disputes.
Decree of Dissolution (Divorce Decree)
The final court order that legally ends a marriage and sets terms for custody, support, and property division.
Domestic Violence
Abuse or threats between spouses, partners, or family members. In family law cases, it can strongly affect custody and protective orders.
Guardian ad Litem
A court-appointed representative who advocates for a child’s best interests in custody or divorce proceedings.
Mediation
A voluntary process where a neutral third party helps spouses negotiate divorce or custody agreements outside of court.
Parenting Plan
A written agreement or court order that outlines custody, visitation schedules, holidays, decision-making, and conflict resolution for raising children after divorce.
Paternity
The legal establishment of a child’s father. Important for child support, custody, inheritance, and benefits.
Petition for Dissolution
The legal document filed to initiate a divorce in Arizona.
Separation Agreement
A legal agreement between spouses who live apart but are not yet divorced, often covering finances, custody, and property division.
Uncontested Divorce
When spouses agree on all terms of divorce, resulting in a faster and less expensive process.
Visitation (Parenting Time)
The schedule by which the non-custodial parent spends time with the child, determined by court order or agreement.
Estate Planning Terms
Advance Directive
A legal document that outlines medical treatment preferences in case of incapacity, often paired with a healthcare power of attorney.
Beneficiary
A person or organization designated to receive assets or benefits from a will, trust, or insurance policy.
Codicil
A legal amendment to a will that changes, adds, or revokes provisions without drafting an entirely new will.
Conservator
A court-appointed person who manages the financial affairs of an incapacitated adult.
Durable Power of Attorney
A legal document giving someone authority to manage your finances or legal affairs, remaining effective even if you become incapacitated.
Estate
All property, assets, and debts left by an individual at death.
Estate Tax
A tax on the transfer of a deceased person’s estate. Arizona has no state estate tax, but federal estate tax applies above certain thresholds.
Executor (Personal Representative)
The person appointed in a will (or by court) to manage the estate, including paying debts and distributing assets.
Fiduciary
A person legally bound to act in the best interests of another, such as a trustee, guardian, or attorney-in-fact.
Guardian
A person legally appointed to care for a minor child or incapacitated adult. Guardianship gives authority over personal and health decisions.
Healthcare Power of Attorney (Healthcare Proxy)
A document that names someone to make medical decisions for you if you cannot communicate your wishes.
Intestate
Dying without a valid will. Arizona law then dictates how assets are distributed, usually to spouses and blood relatives.
Irrevocable Trust
A trust that cannot be changed once created. Often used to protect assets from creditors, lawsuits, or estate taxes.
Living Trust (Revocable Trust)
A trust created during a person’s lifetime that can be altered or revoked. Often used to avoid probate and simplify asset transfer.
Living Will
A document that specifies end-of-life medical wishes, such as life support, resuscitation, or organ donation.
Probate
The court process of validating a will, paying debts, and distributing assets. Probate can be avoided or minimized with trusts and beneficiary designations.
Special Needs Trust
A trust designed to provide for a disabled person without disqualifying them from government benefits.
Testator
The person who creates and signs a will.
Trustee
The person or institution responsible for managing trust assets and carrying out the trust’s terms for the benefit of beneficiaries.
Will
A legal document that directs how a person’s assets are distributed after death and may designate guardians for minor children.