Divorce Terms List

Divorce Terms: A

ABANDONMENT - word used to describe an event in which one spouse leaves the shared home without approval of the other spouse. In some states abandonment can be a ground or reason for divorce.

ABSENT PARENT - the non custodial parent who is responsible for child support but does not live in the same home as the child and is therefore absent.

ACCRUE - process of adding to or build upon something.

ACTION - usually means lawsuit in legal terms.

ADMINISTRATIVE OFFICER - person of authority who handles child custody matters. Often used as a substitute for a judge.

ADMISSIBLE - acceptable by court.

ADULTERY - a word for cheating in the form of sex. In some states adultery can be a ground or reason for divorce.

ADVERSARIAL DIVORCE - contested divorce where the spouses can not come to any agreement.

ADVERSARY -person who does not want the divorce or doesn't’t agree on the terms of the divorce. This is usually the defendant.

AFDC (AID TO FAMILIES WITH DEPENDENT CHILDREN) - monetary aid for families with children where head of the family and primary (custodial) parent is not employed and not receiving child support or spousal support from the secondary (non - custodial) parent.

AFFIDAVIT - a set of facts and statements put in writing under oath. Must be witnessed and signed by a notary public (or official allowed to administer oaths).

ALIMONY - temporary or permanent financial support paid from one spouse to the other spouse. How it is paid out varies from case to case.

ALIMONY PENDENTE - a spouse may be ordered to pay spousal support before the actual completion of the divorce.

ALLEGATIONS - accusations of wrongdoing.

ALTERNATIVE DISPUTE RESOLUTION (ADR) - couples obtain a divorce settlement with a alternative divorce trial, involving specific methods (mediation & arbitration). Few states allow this.

ANNULMENT - a legal way of canceling the divorce. It’s often used in cases of incest and polygamy where the couples shouldn't’t have been married in the first place.

ANSWER - the formal response of the defendant to a petition filed against him/her.

ANTENUPTIAL AGREEMENT - both spouses sign this contract before getting married so that spouse's rights to property, support, or inheritance are settled before marriage in case the marriage ever ends up in divorce.

APPEAL - a request for review of a courts decision. If accepted, the case moves to a higher court.

APPELLANT - the person requesting the review (appeal).

APPELLATE COURT - the court in which the appeal is made.

APPORTION - to divide and assign according to a definite rule. The division may not be equal but is fair according to the respective interests of the parties involved.

APPRAISAL - close estimate of the fair market value of a house, car, property…

APPRAISAL REPORT - appraisal summary with descriptions that explain and justify the values listed.

ARBITRATION - an unofficial alternative judicial procedure not permitted in most states yet legally binding. It happens when a third party makes judgment on a case outside of a court.

ARREARAGES - a spouse may not always pay the full ordered support amount and therefore create a form of spousal support debt called Arrearage.

ASSETS - cash, property, investments, valuable items…

ASSIGNMENT - the release by an AFDC recipient of all rights to support arrearages owed the recipient and of the right to receive current child support as the result of the receipt of AFDC.

ATTACHMENT - a court method used to take over property from a person unable to pay their debts.

AUTOMATIC WAGE DEDUCTION - this often happens when a person doesn't’t pay child support. The court orders the employer to deduct money from their check.

AWARD - form of compensation received from the court.

Divorce Terms: B

BAILIFF - court staff in charge of maintaining order in the courtroom.

BEST INTEREST OF THE CHILD - a legal standard that pertains to support, visitation and custody.

BIGAMY - means that a person is married to more than one individual. Therefore bigamy is a criminal offense because it is illegal to marry without getting a divorce from the previous marriage first.

BILL OF PARTICULARS - the formal title for information attached to a complaint or petition.

BONA FIDE - truthfully, honestly and without deceit.

BRIEF - a document presented to the court outlining one side's position.

Divorce Terms: C

CAPITALIZATION - the conversation of income into value.

CAPTION - the heading of a legal document showing the basic informational material including the names of the plaintiff and the defendant, the name of the court, the court term and the identification number.

CERTIFICATE OF MAILING - a document proving to the court that a copy of a certain document was mailed to the person for whom it was intended. This is mostly done for divorces.

CERTIFICATE OF SERVICE - same as certificate of mailing except for the fact that the defendant was served not by mail but by a process server instead.

CHANGE OF VENUE - a change of court or judges when one of the parties feels the current judge is prejudice.

CHART CHILD SUPPORT METHOD - the method used in some legal areas to set a basis for determining child support. It takes into consideration the gross income of both parents, less special adjustments such as support for children of a previous marriage, and a set amount of money to be allotted monthly for the child. This method can be used at the courts discretion.

CHATTEL - another word for personal property.

CHILD SUPPORT - the financial aid the primary parent of the child gets from the other parent.

CHILD SUPPORT GUIDELINES - the mathematical system used to determine the proper amount of child support that should be awarded.

CHILD SUPPORT WORKSHEET - a court form used to calculate the child support.

CITATION - a court appearance order mandated by a court.

CIVIL COURT - non - criminal court.

CLAIM - the charge by one party (spouse) against another.

CLEAR TITLE - the most hassle free transfer of ownership of an asset.

CLERK - the person responsible for proper maintenance of court records and procedures.

COBRA - Federal Act which guarantees that all individuals who are covered by medical insurance have the right to continue coverage for a monthly fee if employment changes or marital status changes.

COHABITATION - two people living together. (Legit grounds for terminating support in some states and provinces).

COLA - the cost of living adjustment (a COLA offset).

COMMON LAW MARRIAGE - a marriage (without ceremony) that resulted from couples living together for a prolonged period of time.

COMMON LAW PROPERTY DISTRIBUTION - spouses retains the property that is legally theirs according to the name on the title.

COMMUNITY PROPERTY - all income or property (other than gifts or inheritances) that was acquired during the marriage

COMPARABLES - competitive property sales, rentals, or operating expenses (see valuation process).

COMPLAINT - the initial filing of the legal matter (divorce).

CONCILIATION - coming to terms on issues such as children, property, and other divorce related questions.

CONDONATION - wrongful acts are forgiven and no longer serve as grounds for divorce.

CONSTABLE - an officer below sheriff. Has legal right to perform service [to spouse].

CONSTRUCTIVE ABANDONMENT - lack of sexual relationship due to refusal by one or both spouses. After a prolonged period of time the act serve as grounds for divorce in some states.

CONSTRUCTIVE SERVICE OF PROCESS - when the spouse is served using alternative methods such as newspaper ads. This is usually done when the spouse is missing.

CONTEMPT OF COURT - refusing to follow court procedures and orders.

CONTESTED DIVORCE - a divorce that involves litigation and legal battles.

CONTINGENT FEE - special agreement that allows the attorney to collect legal fees only if the case is won. This special agreement is not allowed for divorce cases.

CONVEY - the transfer of property to someone through sale (usually).

COUNT - a statement of facts that clearly defines the complaint.

COUNTER CLAIM - a pleading filed by the defendant (respondent) against the plaintiff

COURT CLERK - administrative staff of the court

COURT ORDER - a written and judge-signed court order that makes a person do something.

COURTS OF COMMON PLEAS - state trial courts which have power to grant divorces.

COVERTURE - the length of time a women is married.

CREDITOR - the person or entity that issues a loan to somebody.

CROSS PETITION - defendants counter claim for why the marriage didn't’t work. Or simply: “the other side of the story”

CUSTODIAL PARENT - the parent a child stays with. This parents legal rights to the child exceed that of the other parent.

CUSTODY - the legal right and responsibility to a child.

Divorce Terms: D

DAMAGES - a sum of money paid in compensation for loss or injury

DEBTOR - person who owes money or is in debt.

DECREE - the official/final judgment on the divorce.

DEED - a legal document transferring some type of property.

DEFAULT ORDER OR JUDGMENT - a judgment made based on only one side’s statements since the other did not appear and therefore defaulted on their behalf.

DEFENDANT - the spouse who is served with the divorce. In some states the defendant is called the respondent because it’s the spouse that responds by either contesting or not contesting the divorce.

DEFERRED ANNUITY - a source of income that starts at some time in the future.

DEFERRED COMPENSATION PACKAGE - this includes all retirement assets (such as a pension, 401K, IRA) and any other saving or postponed income earned during the marriage.

DEPRECIATION - steady decrease in value.

DIRECT PAYMENT - child or spousal support paid directly to the other party…instead of going through the courts and state.

DISBARMENT - the act of revoking an attorney’s right to practice law.

DISCOVERY - a word for formal information gathering. It’s a special period of time that allows the parties to ask questions to and about each other.

DISCRETION OF THE COURT - at the judge’s option/opinion.

DISMISS - to throw a case out.

DISSOLUTION OF MARRIAGE - another way of saying divorce.

DIVORCE - legal termination of marriage.

DOCKET - a list of cases on a court's calendar, or schedule.

DOMICILE - permanent place of residence.

DOWER - wife's right to inherit her husbands property.

Divorce Terms: E

EMANCIPATION - becoming an adult or growing up.

ENCUMBERED - getting a lien, mortgage or other restraint put on property.

EQUITABLE DIVISION (DISTRIBUTION) - method of dividing property acquired during marriage in connection with a divorce proceeding.

EQUITY - the difference between the market value of a property and the claims held against it

ESTATE - a right or interest in property or the property of a deceased person.

EVIDENCE - documents, testimony or other informational material used in court to support claims.

EXHIBIT - an item of evidence presented to the court.

EX-PARTE - relief granted by court when opposing party is not present.

EXPECTANCY - expected profits from a estate.

EXPERT WITNESS - a professional with special knowledge or experience (scientific, technical, or other) and who can testify as an expert in a specific field. Expert witnesses can give opinions based on their special knowledge or skill.

Divorce Terms: F

FAMILY COURT - a court that focuses on child support, divorce and similar family related issues.

FAULT-BASED DIVORCE - one spouse does the other wrong and they get divorced. For example: Adultery.

FINAL JUDGMENT - the final judgment is given after a certain period of time allowed for appeals. If no appeals to a judgment are made, the final judgment is made.

FOREIGN ORDER - a court order issued by another county, state or nation.

FOUNDATION - (introduction) evidence that is used to lead to additional questions.

Divorce Terms: G

GARNISHMENT - of wages usually means that the support you owe your spouse/child will be deducted automatically from your paycheck.

GOOD CAUSE - An acceptable reason for failure to comply with a regulation.

GOOD FAITH - good intention.

GOODWILL - an intangible asset valued according to the advantage or reputation a business has acquired (over and above its tangible assets).

GROUNDS - a legal basis for a divorce.

Divorce Terms: H

HABITUAL RESIDENCE - frequent or permanent place of residence

HARDSHIP - financial strain (often used in child support matters)

HEARING - court proceeding where testimony is given and disputes are heard.

HEARSAY - something a person claims he or she was told by someone else. Hearsay usually does not hold up well as evidence in court.

Divorce Terms: I

INCOME AND EXPENSE DECLARATION - a form completed by a parent under oath which outlines that parent's finances. This form is used to determine child support to be paid by the non - custodial parent.

INCORPORATION - Merging a document with another and treating them as one.

INJUNCTION - a judicial command issued in order to prohibit a party from doing or continuing to do a certain activity (like contacting the opposing party).

INTANGIBLE ASSETS - items of personal property (ideas, licenses, copyrights).

INTANGIBLE VALUE - Value that cannot be neither be seen or touched. The goodwill of an established business is an intangible value.

INTERCEPT - the act of collecting money from the non custodial parent's unemployment insurance payments, disability insurance payments, income tax returns and lottery gains to pay for child support.

INTERROGATORIES - Written questions asked by one party in a lawsuit for which the opposing party must provide written answers.

INVENTORY AND APPRAISEMENT - a listing and valuation of properties owned by the parties seeking a divorce.

Divorce Terms: J

JOINT LEGAL CUSTODY - an arrangement that allows both parents to have equal influence on the child and its future.

JOINT PHYSICAL CUSTODY - an arrangement that allows the child to stay with either parent.

JOINT PROPERTY - property that legally belongs to more than one person.

JOINT TENANCY - form of co-ownership giving each tenant equal interest and equal rights in the property.

JUDGMENT - formal decision made by a court following legal proceedings.

JUDGMENT OF DIVORCE - the document that states the spouses are divorced. The judge will sign this document to finalize the divorce.

JURISDICTION - area within which legal power can be exercised by the court.

Divorce Terms: L

LEASE - contract granting use or occupation of property during a specified time for a specified payment

LEGAL CUSTODY - the right of one parent or both parents to make legal decisions regarding health, education and welfare of the child.

LEGAL SEPARATION - A court order establishing the terms of: custody, support, etc. under which a married couple will live separately

LIEN - A claim against an item by another party which utilizes that item as security for repayment of a loan or other claim. A lien affects the ability to transfer ownership.

LIQUIDATION VALUE - the bottom line price an item must be sold at.

LITIGATION - legal battle.

LONG ARM - long arm jurisdiction is used by courts to bring people into court who are outside of the given area of jurisdiction of that particular court.

LUMP - SUM ALIMONY - a grand total of support that has to be paid. It may be paid at once or in rates set by court.

Divorce Terms: M

MAGISTRATE - a lesser form of judge. Judges outsource work to magistrates and take their recommendations into consideration when ruling over a case.

MAINTENANCE - spousal support or alimony.

MARITAL PROPERTY - property acquired by the spouses during the marriage.

MARITAL SETTLEMENT AGREEMENT - a document outlining the division/assignment of property, support and custody.

MEDIATION - process (alternative dispute resolution) where a neutral third party helps bring the opposing parties to an agreement. Agreements may or may not be legally binding.

MEDIATOR - the neutral person in the mediation process.

MINUTE ORDER - The formal recording of a court proceeding.

MISTRIAL - .A trial that is terminated by the judge before a verdict is returned.

MODIFICATION - an order changing the terms of another order.

MOTION - A request asking a judge to issue a ruling or order on a legal matter.

MOTION TO MODIFY - A formal request asking a judge to change the terms of another order.

Divorce Terms: N

NO-FAULT DIVORCE - a type of divorce that can be filed that does not require any misconduct by either spouse.

NON-CUSTODIAL PARENT - the parent who does not have physical custody of the child.

NON-MARITAL PROPERTY - property that is not acquired during the divorce and therefore rights to it are not shared equally by both spouses.

NULLITY - judgment showing that a marriage is void.

Divorce Terms: O

OBJECTION - protest: the act of protesting

OBLIGEE - the person to whom money or property is owed by a ruling.

OBLIGOR - the person who owes money or property as the result of a ruling.

Divorce Terms: P

PALIMONY - support paid from one person to another even though they were never married.

PARALEGAL - a trained person who assists a lawyer or simply performs document related tasks.

PARENS PATRIAE - a policy whereby the state takes authority over a minor living within its border. It is the basis for deciding what state will assume jurisdiction in a child custody case.

PARTY - a plaintiff or a defendant in a legal proceeding.

PATERNITY - the legal biological relationship between father and child.

PERJURY - lying under oath in court.

PETITION - the first form or set of forms filed in a divorce.

PETITIONER - the spouse who initiates the divorce by filing the petition (for divorce).

PHYSICAL CUSTODY - refers to the parent with whom the child lives whether due to joint custody or sole physical custody.

PLAINTIFF - the spouse who files the divorce petition or requests the divorce.

POSTNUPTIAL - a written agreement between the spouses that states all of their present and future rights in view of their future divorce.

PRENUPTIAL AGREEMENT - a legal agreement or contract concerning a spouse's rights to property, support, and inheritance upon divorce. This agreement is signed by both spouses before the marriage.

PRIMARY CARETAKER - the parent who provides majority of the child's day to day care.

PRO SE DIVORCE - a divorce in which each spouse represents themselves in court without an attorney.

PROTHONOTHARY - the court clerk that handles civil filings.

Divorce Terms: Q

QUALIFIED DOMESTIC RELATIONS ORDER - (QDRO) a court ruling stating that a portion of one spouse's pension be awarded to the other spouse as part of the equitable distribution of the marital assets. ( see QDRO section in your state).

QUIT CLAIM - to release legal claim. Reject the ownership rights to something, ex: quit claim to the deed to the marital house.

Divorce Terms: R

REBUTTAL - an introduction of evidence in response to a matter raised by the opposing party.

RECIPROCITY - the process of cooperation between states and countries to establish and enforce child support orders. Laws and court orders of each jurisdiction are recognized and enforced.

REHABILITATIVE ALIMONY - support intended to help the ex spouse become independent and eventually self supportive.

REIMBURSEMENT - a way to pay back the cost of taking care of a child. In most cases that cost was covered by the government and that is who the reimbursement is paid to.

RELEASE - a document that signs off or away a person’s right(s) to something. It can be used as a negotiation tool.

REMAND - the act of sending a case back to the judge to be retried because of a significant mistake made by the judge during the first trial.

RESIDENCE - the place where a spouse lives.

RESPONDENT - the defendant in a divorce.

RESPONSE - the form filed by the defendant (respondent) to answer the complaint or summons (or legal proceeding against them).

RESTRAINING ORDER - a court order restricting a persons actions. Spouses issue these to keep the other spouse away.

RURESA - Revised Uniform Reciprocal Enforcement of Support Act, (interstate enforcement of support orders).

Divorce Terms: S

SANCTIONS - court-ordered penalty or punishment.

SEPARATE MAINTENANCE – it’s a form of spousal support that is paid even if the spouses are not divorced. It is for cases where the spouses simply do not live together but remain married.

SEPARATE PROPERTY - property owned by one spouse prior to marriage, and therefore in most states is not part of the divorce.

SEPARATION – means living separately but still married. Some states require couples to be separated for a given period of time as a qualification requirement for divorce.

SEPARATION AGREEMENT - an agreement on support, child care and property set for the time after separation and before divorce.

SERVICE OF PROCESS - informs defendant /respondent of the legal proceeding against them.

SET ASIDE - to dismiss a prior court judgment.

SETOFF - a debt or financial obligation of one spouse that the court weighs against a debt or financial obligation of the other spouse.

SETTLEMENT AGREEMENT –a form that summarizes or puts the settlement in writing.

SEVERABILITY - the understanding that one clause in a contract is independent of the others.

SOLE CUSTODY - a form of custody in which one parent is awarded both physical and legal custody.

SPLIT CUSTODY - a form of custody that gives both parents an equal share of time with their child.

SPOUSAL SUPPORT – is financial support taken from one spouse and given to the other in one lump sum or in installments for a period of time. There are many factors considered.

SPOUSE - husband or wife.

STIPULATION - an agreement between the parties or their counsel.

SUMMONS - a form used to inform the defendant (respondent) that an action has been filed against him or her.

SUPPORT - payment for housing, food, clothing etc.

SURREBUTAL - counter evidence presented in favor of the defendant.

Divorce Terms: T

TAX INTERCEPT - is another form of garnishment, except that this one garnishes tax refunds to pay a support arrearage.

TEMPORARY CUSTODY - a spouse's right to spend time with his or her child. It includes extended stays and overnights.

TEMPORARY RESTRAINING ORDER - an order of the court prohibiting a party from acting - for example, threatening, harassing, or physically abusing the other spouse and/or the children; selling personal property; taking money out of accounts; denying the other spouse a motor vehicle.

TESTIMONY - statements delivered under oath at a hearing or deposition.

TRANSCRIPT - a testimony given in writing and presented at a trial or at a deposition.

TRANSFER - to switch ownership from one person to another.

TRANSITIONAL CHILDCARE - a welfare program that provides alternative childcare assistance, usually for one year, for those who lost their financial aid due to employment.

TRIAL - a formal court hearing.

Divorce Terms: U

UNCONTESTED DIVORCE - divorce that neither spouse objects to. There are no legal battles.

URESA (Uniform Reciprocal Enforcement of Support Act) - enables states to work together and cooperate in getting child support payments, usually from people who travel from one state to another to avoid child support obligations.

Divorce Terms: V

VALUATION PROCESS - process used to determine “real property value”.

VENUE - county where the divorce was filed

VERIFICATION STATEMENT - a way to certify the authenticity/truthfulness of information.

VISITATION - non custodial parent’s right to see the child.

VISITATION CREDIT - in simple terms, discount amount the child support payee gets based on the amount of time spent with the child. The more time the child spends with the payee, the less the payee has to pay in child support.

VISITATION SCHEDULE - determines when each parent can visit the child.

Divorce Terms: W

WAGE ASSIGNMENT OR WAGE WITHHOLDING - (also known as garnishment) is what happens when child support is taken directly out of an individuals check.

WAIVER - written and signed document using which an individual gives up their rights.

WRIT OF EXECUTION - (also know as a levy) court order that allows custodial parent assets to be collected and used to pay for past due child support owed by that parent.

Divorce Terms: Y

YIELD CAPITALIZATION - capitalization method used to “deflate” future values to present day values.