DIVORCE HQ Legal Terminology

Affidavit	A sworn statement in writing.
Return to List
Alimony	Payment of support (not child support) from one spouse to another so that the spouse receiving the payment can maintain the lifestyle that he/she was accustomed to during the marriage. Also called spousal support or maintenance.
Return to List
Annulment	The legal ending of an 'Invalid Marriage'. To the law neither party was ever married, but all the children born of the annulled marriage remain legitimate.
Return to List
Arrearages	The difference between the amount of alimony or child support paid, if any, and the amount required under court order.
Return to List
Child Support	The amount of money that the non-custodial parent pays to the custodial parent to help pay for the every day needs of the child(ren) such as housing, food and clothing.
Return to List
Child Support Guidelines	The amount of child support to be paid, under normal circumstances, according to a schedule established by the state, based upon income. It is federally mandated that all states establish guidelines for child support.
Return to List
Common Law Marriage	A judicially-recognized marriage in some states, usually based on cohabitation.
Return to List
Community Property	A rule of property division which divides equally all property acquired during the term of the marriage, without regard to whose name it is held. Inheritances and gifts are excluded in some jurisdictions.
Return to List
Complaint	The formal document filed with the Court which states that the plaintiff wants a divorce and why.
Return to List
Contested Divorce	The party sued opposes the because either : she/he denies the asserted grounds or he/she does not agree with the suing party as to the terms of the divorce i.e. property, child custody, child support, alimony, assumption of marital debts etc.
Return to List
Court Order	A written instruction from the court carrying the weight of law. Orders must be in writing. Anyone who knowingly violates a court order can be held in contempt of court.
Return to List
Custodial Parent	The parent with whom the child(ren) live the majority of the time with.
Return to List
Custody	The legal right and responsibility awarded by the court for the care of a child. See Joint Custody and Sole Custody
Return to List
Defendant	The person (either husband or wife) who is being sued for divorce.
Return to List
Deposition	Where a party or witness is asked questions orally before a court reporter.
Return to List
Emancipation	An act by which a parent relenquishes their to custody and are releived of their duty to support the child. The child is then no longer bound to the stipulations set forth in the divorce decree. Emancipation can occur when the child marries, is inducted into military service, by court order based upon the child's best interest or by when the child reaches an appropriate age.
Return to List
Equitable Distribution	The division of the property (marital assets) acquired during the marriage. Marital debts can also be part of the equitable distribution.
Return to List
Grounds	The reason(s) under state statute for granting a divorce.
Return to List
Interrogatory	Written questions asked by one party of an opposing party, who must answer them in writing under oath.
Return to List
Joint Custody	The children live with the residential custodian and visit with the non-residential parent. Both parents have an equal say in major decisions affecting the children can only be made with notice and consent. See Sole Custody
Return to List
Maintenance	See Alimony
Return to List
Marital Assets	All property acquired during the course of the marriage regardless of who owns or has title to it. It includes but is not limited to the following: house(s), other real estate, cash, stocks, bonds, motor vehicles, pensions, profit sharing plans and insurance.
Return to List
Mediation	Process by which you work with a neutral third party to prepare your divorce agreement. This process is voluntary and non-binding.
Return to List
Motion	A request for some type of action or decision to be made by the court.
Return to List
Non-Custodial Parent	The parent with whom the child(ren) do not live the majority of the time with.
Return to List
Nuptial	Pertaining to marriage.
Return to List
Order	See Court Order
Return to List
Pendente Lite Support	A temporary order of the Court which provides support until the divorce is finalized.
Return to List
Physical Custody	The home/parent in which the child(ren) will primarily reside in/with. See Custodial Parent
Return to List
Plaintiff	The person (husband or wife) who files the divorce complaint and sues the person for divorce.
Return to List
Pro Se	To represent yourself in court proceedings without an attorney.
Return to List
QDRO	Qualified Domestic Relations Order. A ruling by the court stating what portion of one spouse's pension is to be awarded to the other spouse.
Return to List
Quid Pro Quo	The giving of one valuable thing for another.
Return to List
Restraining Order	A court order prohibiting a party from certain activities. Issued in response to a motion. Restraining orders often are issued to protect marital assets and to protect against domestic violence. In many states, violating a "domestic restraining order" is a criminal offense.
Return to List
Retainer	A fee paid in advance for services to be rendered.
Return to List
Sole Custody	The custodial parent has the power to make all decisions, including day-to-day decisions as well as major decisions, concerning the child(ren)'s health, education and welfare without notice to and consent from the non-custodial parent. See Joint Custody
Return to List
Spousal Support	See Alimony
Return to List
Subpoena	A court order to attend a legal proceeding such as a trial or deposition. If documents are also requested, the subpoena is called a subpoena duces tecum, Latin for "bring with you." Sometimes a subpoena duces tecum states that you must produce certain documents by a specific date without having to appear.
Return to List
Visitation	The right of the non custodial parent to see the children.
Return to List