Divorce Law Glossary
Definitions for 54 legal terms commonly used in divorce and family law
A
Alimony
Court-ordered payments from one spouse to another after divorce to provide financial support. Also called spousal support or maintenance. The amount a...
Read full definition →Annulment
A legal declaration that a marriage was never valid. Unlike divorce, which ends a valid marriage, annulment treats the marriage as if it never existed...
Read full definition →Asset
Anything of value owned by one or both spouses, including real estate, vehicles, bank accounts, investments, retirement accounts, businesses, and pers...
Read full definition →B
Best Interests of the Child
The legal standard used by courts when making custody and visitation decisions. Courts consider factors like the child's safety, emotional ties to eac...
Read full definition →C
Child Custody
The legal and physical responsibility for a child after divorce. Legal custody involves decision-making authority, while physical custody determines w...
Read full definition →Child Support
Court-ordered payments from one parent to another to help cover the costs of raising a child. The amount is typically calculated using state guideline...
Read full definition →Child Support Guidelines
State-established formulas or tables used to calculate child support amounts. Most states use income shares model (based on combined parental income) ...
Read full definition →Collaborative Divorce
A voluntary dispute resolution process where both spouses and their attorneys commit to reaching a settlement without going to court. If negotiations ...
Read full definition →Community Property
A property division system used in 9 states where all assets and debts acquired during marriage are owned equally (50/50) by both spouses. Community p...
Read full definition →Contempt of Court
Willful disobedience of a court order. In divorce cases, this commonly occurs when a party fails to pay child support or alimony, violates custody ord...
Read full definition →Contested Divorce
A divorce where spouses disagree on one or more major issues such as property division, custody, child support, or alimony. These divorces require neg...
Read full definition →Court Order
A legally binding directive issued by a judge. In divorce cases, court orders address issues like temporary support, custody arrangements, property di...
Read full definition →Custodial Parent
The parent with whom the child primarily lives in a custody arrangement. In joint physical custody, the parent with whom the child spends more time is...
Read full definition →D
Default Judgment
A court decision entered when the responding spouse fails to file a response to the divorce petition within the required time frame. The petitioner ma...
Read full definition →Deposition
Sworn out-of-court testimony given by a witness or party, recorded by a court reporter. Depositions are part of the discovery process and help attorne...
Read full definition →Discovery
The formal process of exchanging information between parties in a legal case. In divorce, discovery includes requests for financial documents, interro...
Read full definition →Dissolution of Marriage
The legal term for divorce in many states. It refers to the legal process of ending a marriage and resolving related issues such as property division,...
Read full definition →Divorce Decree
The final court order that officially ends a marriage. Also called a final judgment of divorce, it includes the terms of property division, custody, s...
Read full definition →Divorce Petition
The legal document filed with the court to initiate divorce proceedings. It identifies the spouses, states grounds for divorce, and outlines requests ...
Read full definition →Domestic Violence
Physical, emotional, sexual, or psychological abuse between intimate partners or family members. Domestic violence significantly impacts divorce proce...
Read full definition →E
Equitable Distribution
A property division system used in most states where marital assets and debts are divided fairly, but not necessarily equally. Courts consider factors...
Read full definition →F
Fault-Based Divorce
A divorce granted based on one spouse's misconduct, such as adultery, cruelty, abandonment, or substance abuse. While all states now offer no-fault di...
Read full definition →Filing Fee
The fee charged by the court to file divorce papers. Filing fees vary by state and county, typically ranging from $100 to $400. Low-income individuals...
Read full definition →G
Guardian ad Litem
A court-appointed advocate who represents a child's best interests in custody disputes. The guardian investigates the family situation and makes recom...
Read full definition →I
Interrogatories
Written questions sent from one party to another that must be answered under oath. Interrogatories are part of the discovery process and help gather i...
Read full definition →J
Joint Custody
A custody arrangement where both parents share responsibility for the child. Joint legal custody means both parents make major decisions together. Joi...
Read full definition →L
Legal Custody
The right and responsibility to make major decisions about a child's upbringing, including education, healthcare, religious training, and extracurricu...
Read full definition →Legal Separation
A court-ordered arrangement where a married couple lives apart and has legally defined responsibilities, but remains legally married. It addresses pro...
Read full definition →M
Maintenance
Another term for alimony or spousal support. Some states use 'maintenance' as the official legal term for payments from one spouse to another after di...
Read full definition →Marital Property
Assets and debts acquired during the marriage that are subject to division in divorce. This typically includes income, real estate, retirement contrib...
Read full definition →Mediation
A dispute resolution process where a neutral third party (mediator) helps divorcing couples reach agreements. Mediation is typically faster, cheaper, ...
Read full definition →Modification
A change to an existing court order for child support, alimony, or custody. Modifications require showing a substantial change in circumstances since ...
Read full definition →N
No-Fault Divorce
A divorce where neither spouse must prove wrongdoing. Common grounds include 'irreconcilable differences' or 'irretrievable breakdown of marriage.' Al...
Read full definition →Non-Custodial Parent
The parent who does not have primary physical custody of the child. The non-custodial parent typically has visitation rights and pays child support to...
Read full definition →P
Parenting Plan
A detailed document outlining custody and visitation arrangements, including residential schedules, holiday time, transportation, communication betwee...
Read full definition →Petitioner
The spouse who initiates the divorce by filing the divorce petition with the court. Also called the plaintiff in some jurisdictions.
Read full definition →Physical Custody
The right to have the child physically live with you. Physical custody can be sole (child lives primarily with one parent) or joint (child spends sign...
Read full definition →Prenuptial Agreement
A contract signed before marriage that specifies how assets and debts will be divided if the marriage ends. Also called a premarital agreement or 'pre...
Read full definition →Pro Se
Representing yourself in court without an attorney. Many people handle uncontested divorces pro se to save money. Courts often provide forms and resou...
Read full definition →Property Division
The process of dividing marital assets and debts between spouses during divorce. Methods include community property (50/50 split) or equitable distrib...
Read full definition →Protective Order
A court order designed to protect a person from harassment, stalking, or abuse. Also called a restraining order. Violation can result in arrest and cr...
Read full definition →Q
QDRO
Qualified Domestic Relations Order - a legal order that divides retirement accounts (like 401(k)s and pensions) in divorce without triggering taxes or...
Read full definition →R
Respondent
The spouse who receives and responds to the divorce petition. Also called the defendant in some jurisdictions.
Read full definition →Restraining Order
A court order prohibiting a person from certain actions, such as contacting or coming near another person or dissipating marital assets. Common in div...
Read full definition →S
Separate Property
Property owned by one spouse that is not subject to division in divorce. Typically includes assets owned before marriage, inheritances received by one...
Read full definition →Separation Agreement
A written contract between spouses outlining terms of their separation or divorce, including property division, custody, and support. Once approved by...
Read full definition →Service of Process
The formal delivery of legal documents (like divorce papers) to the other party. Common methods include personal service by sheriff or process server,...
Read full definition →Sole Custody
A custody arrangement where one parent has exclusive physical custody, legal custody, or both. The other parent may have visitation rights. Sole custo...
Read full definition →Spousal Support
Payments from one spouse to another to provide financial support after divorce. Also called alimony or maintenance. Can be temporary (during divorce) ...
Read full definition →Subpoena
A court order requiring a person to appear in court to testify or produce documents. In divorce cases, subpoenas are often used to obtain financial re...
Read full definition →T
Temporary Orders
Court orders issued during divorce proceedings that remain in effect until the final divorce decree. They address immediate issues like temporary cust...
Read full definition →U
Uncontested Divorce
A divorce where both spouses agree on all major issues including property division, custody, child support, and alimony. These divorces are typically ...
Read full definition →V
Visitation
The non-custodial parent's scheduled time with the child. Visitation schedules outline when the child will be with each parent, including regular time...
Read full definition →W
Waiting Period
A mandatory time period between filing for divorce and when the divorce can be finalized. Waiting periods vary by state, ranging from none to 12 month...
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