Divorce Glossary

When one spouse leaves the marital home without justification, without consent, and without intent to return. It can serve as fault-based grounds for divorce in many states.

Physical, emotional, sexual, or financial harm inflicted by one spouse on the other or on children. Abuse is grounds for divorce and a critical factor in custody and protective order decisions.

A formal document signed by the respondent confirming they have received the divorce petition. It simplifies proof of service and speeds up the process.

A temporary postponement of a court hearing or trial to a later date. Either party or the judge may request an adjournment.

Voluntary sexual intercourse between a married person and someone who is not their spouse. It is a fault-based ground for divorce in many states.

A written statement of facts made under oath and signed before a notary or authorized officer. Affidavits are used extensively in divorce proceedings as evidence.

Court-ordered financial support paid by one spouse to the other during or after divorce. Also called spousal support or maintenance.

Latin for 'friend of the court.' A person or organization not party to the case who provides information or expertise to help the court make a decision.

A legal declaration that a marriage is void or voidable, effectively declaring it never legally existed. Unlike divorce, annulment erases the marriage rather than ending it.

The formal legal response filed by the respondent (defendant) to a divorce petition or complaint. It addresses each allegation and may include counterclaims.

A legal process where a higher court reviews a lower court's divorce judgment for legal errors. Appeals do not re-try facts but examine whether the law was applied correctly.

A financial guarantee required when appealing a divorce judgment, ensuring the appealing party can pay if the appeal fails.

The total amount of unpaid, overdue child support or alimony. Arrearage accumulates when a paying spouse falls behind on court-ordered payments.

Any property or item of value owned by either or both spouses that is subject to division in a divorce. Assets include real estate, bank accounts, investments, retirement funds, businesses, and personal property.

Court orders that automatically take effect when a divorce is filed, preventing both spouses from hiding assets, canceling insurance, or taking children out of state.

The legal standard used by courts to make all custody and visitation decisions. The child's wellbeing takes priority over both parents' preferences.

A legal procedure that splits the divorce into two parts: ending the marriage first while property, custody, and support issues are resolved later.

A custody arrangement where children stay in the family home while parents rotate in and out according to a custody schedule. Also called nesting.

The obligation to prove allegations in court. In most divorce matters, the standard is 'preponderance of the evidence' — meaning more likely than not.

A trained volunteer appointed by the court to advocate for the best interests of a child in custody or abuse/neglect cases.

A financial professional with specialized training in analyzing the financial impact of divorce settlements, including tax implications, asset division, and long-term projections.

A request to move a divorce case from one court or jurisdiction to another, typically because the current location is inconvenient or potentially biased.

A person — typically an attorney, guardian ad litem, or CASA volunteer — appointed to represent a child's interests in divorce or custody proceedings.

Court-ordered payments from one parent to the other for the financial care of their children after divorce or separation.

State-mandated formulas and tables used to calculate child support amounts based on parental income, custody time, and the number of children.

The shared responsibility of raising children after divorce, where both parents actively participate in major decisions and daily care according to a custody arrangement.

A federal law that allows a divorced spouse to continue the other spouse's employer-provided health insurance for up to 36 months, though at full cost.

Living with a new romantic partner in a relationship resembling marriage. Cohabitation by an alimony recipient can be grounds for reducing or terminating alimony.

A voluntary dispute resolution process where both spouses and their attorneys agree to negotiate a settlement without going to court. If negotiations fail, both attorneys must withdraw.

Mixing separate property with marital property in a way that makes it difficult or impossible to distinguish between the two. Commingled assets may be treated as marital property.

A property division system used in nine states where all assets and debts acquired during the marriage are owned equally (50/50) by both spouses.

A state where most assets and debts acquired during marriage are owned equally by both spouses and split 50/50 in divorce.

The initial legal document filed to start a divorce case. Also called a petition for dissolution of marriage. It identifies the parties, grounds for divorce, and relief requested.

A court-sponsored process where a neutral third party helps divorcing spouses explore whether reconciliation is possible or, if not, reach an amicable settlement.

A court order based on an agreement between both parties rather than a judge's decision. It is legally binding and enforceable just like any other court order.

A fault ground for divorce where one spouse refuses to engage in marital relations (typically sexual intimacy) without justification, despite the other spouse's requests.

A legal filing asking the court to find that the other party violated a court order and to impose penalties.

The willful disobedience of a court order. In divorce, contempt can result from failing to pay support, violating custody orders, or ignoring restraining orders.

A divorce where the spouses cannot agree on one or more key issues — such as custody, property division, or support — and a judge must decide.

A mandatory waiting period required by some states between filing for divorce and the final decree. It is intended to prevent impulsive decisions.

An automatic increase in child support or alimony payments based on inflation or changes in the cost of living, sometimes built into the original court order.

A legal filing by the respondent in a divorce case that makes their own requests regarding custody, property, and support, rather than merely responding to the original petition.

An official directive issued by a judge that has the force of law. Violating a court order in a divorce case can result in contempt charges, fines, or jail.

The parent with whom the child primarily lives and who has primary physical custody. The custodial parent typically receives child support from the non-custodial parent.

The legal arrangement determining which parent a child lives with (physical custody) and who makes major life decisions for the child (legal custody) after divorce.

The date on which a married couple stops living together as a married couple. This date is critical because it determines when marital assets and debts stop accumulating.

The process of dividing marital debts between spouses during divorce. Like assets, debts acquired during the marriage are generally considered shared obligations.

The final court order that officially ends a marriage. Also called a divorce decree, final judgment, or judgment of dissolution of marriage.

A court ruling entered when the respondent fails to file an answer or appear in court within the required deadline. The petitioner may receive everything they requested.

The spouse who is served with divorce papers and must respond to the petition. Also called the respondent in many jurisdictions.

A formal out-of-court testimony given under oath and recorded by a court reporter. Depositions are a key part of discovery in contested divorces.

The formal legal process of exchanging information and documents between parties in a divorce. It includes interrogatories, requests for production, depositions, and subpoenas.

Improper conduct during the discovery process, such as hiding documents, providing false information, or making excessive requests to harass the other party.

The deliberate waste or destruction of marital assets by one spouse, typically in anticipation of or during divorce. Courts can penalize the dissipating spouse in property division.

The legal term for divorce — the formal ending of a marriage by court order. Some states use this term instead of 'divorce' in their statutes.

A court order that divides retirement plan benefits between divorcing spouses. A Qualified Domestic Relations Order (QDRO) is required to divide employer-sponsored retirement plans.

A pattern of abusive behavior used by one partner to maintain power and control over the other. It encompasses physical, emotional, sexual, psychological, and financial abuse.

A person's permanent legal home — the state where they intend to remain indefinitely. Domicile determines which state's courts have jurisdiction over the divorce.

The constitutional guarantee that all parties receive fair legal proceedings, including proper notice, the right to be heard, and an impartial judge.

Coercion or threats that force a person to sign a legal document or agree to terms against their will. Agreements signed under duress can be voided by the court.

A deposit made when purchasing real estate to show the buyer is serious. In divorce, earnest money on a marital home purchase may be considered a marital asset subject to division.

The legal process by which a minor is granted adult status before age 18, ending parental rights and obligations including child support.

A property division system used by most states where marital assets and debts are divided fairly, though not necessarily equally, based on multiple factors.

A state where marital property is divided fairly but not necessarily equally, based on multiple factors the court considers.

The process of updating wills, trusts, beneficiary designations, and powers of attorney during and after divorce to reflect the changed marital status.

A court hearing or order requested by one party without the other party being present or notified in advance. Used in emergencies involving immediate danger.

Assets that are protected from division in divorce because they are classified as separate property — typically pre-marital assets, inheritances, and personal gifts.

The price a willing buyer would pay a willing seller for an asset, with both having reasonable knowledge of the relevant facts.

A specialized court that handles cases involving family matters including divorce, custody, child support, and domestic violence.

The area of law dealing with family-related matters such as marriage, divorce, child custody, adoption, and domestic violence.

A divorce where one spouse must prove the other committed specific misconduct such as adultery, cruelty, or abandonment.

The fee charged by the court to process a divorce petition, typically ranging from $100 to $450 depending on the state and county.

The court order that officially ends a marriage, resolving all issues including property division, custody, and support.

A sworn document listing all income, expenses, assets, and debts that each spouse must file during divorce proceedings.

A financial expert who investigates complex financial records to uncover hidden assets, unreported income, or financial fraud during divorce.

A system where a child is placed in the temporary care of a state-certified family or group home when parents cannot provide safe care.

A court-ordered process where a portion of a person's wages or bank accounts is withheld to pay a debt such as child support or alimony.

A religious divorce document in Jewish law (halakha) that a husband must grant to his wife to dissolve the marriage under Jewish tradition.

An honest and sincere intention to deal fairly, without deception or hidden motives, in legal proceedings or negotiations.

The legal ability of grandparents to petition the court for visitation or, in rare cases, custody of their grandchildren.

The legally recognized reasons for seeking a divorce, which can be fault-based (adultery, cruelty) or no-fault (irreconcilable differences).

A court-appointed advocate, often an attorney, who represents the best interests of a child in custody or divorce proceedings.

A legal action requiring a person holding a child to bring them before the court, used in custody disputes when a parent unlawfully withholds a child.

A court proceeding where a judge hears arguments, evidence, or testimony on a specific issue in a divorce case.

Assets that one spouse deliberately conceals, undervalues, or fails to disclose during divorce to avoid fair division.

A clause in a divorce agreement where one spouse agrees to protect the other from liability on a specific debt or obligation.

A professional assessment of a home's fair market value, typically required when dividing real estate in a divorce.

A legal provision that protects a portion of the value of a primary residence from creditors and may affect property division in divorce.

Income attributed to a spouse by the court based on their earning capacity, even if they are voluntarily unemployed or underemployed.

Income attributed to a spouse by the court based on their earning capacity, even if they are voluntarily unemployed or underemployed.

A private proceeding held in the judge's chambers rather than in open court, often used for sensitive matters involving children.

An automatic deduction from a person's paycheck to pay court-ordered child support or alimony, sent directly to the recipient.

A legal obligation where one party agrees to compensate the other for losses arising from a specific debt, claim, or liability.

A court order prohibiting a party from taking a specific action, such as selling assets, moving children, or contacting the other spouse.

Written questions sent by one spouse to the other that must be answered under oath within a specified timeframe as part of the discovery process.

A no-fault ground for divorce meaning the spouses have differences that cannot be resolved and the marriage is beyond repair.

A no-fault ground for divorce meaning the marriage is permanently broken with no reasonable prospect of reconciliation.

An arrangement where both parents share decision-making authority (legal custody) and/or physical time (physical custody) with their children.

A divorce filing submitted by both spouses together, indicating they agree to the divorce and its terms.

Property owned by both spouses together, which must be divided or allocated during divorce proceedings.

The official court decision that resolves the divorce case, incorporating all orders regarding property, custody, and support.

The legal authority of a court to hear and decide a divorce case, typically based on where the spouses live.

The right and responsibility to make major decisions about a child's upbringing, including education, healthcare, and religious training.

A court-recognized arrangement where spouses live apart and have formal agreements on support and property but remain legally married.

A legal claim placed on property to secure payment of a debt, which must be satisfied before the property can be sold or transferred.

A one-time, fixed payment of spousal support rather than ongoing periodic payments.

Another term for spousal support or alimony — regular payments from one spouse to another after separation or divorce.

Required exchange of financial documents between both spouses early in the divorce process, regardless of whether either side requests them.

The primary residence where the married couple lived together, often the most valuable and emotionally significant asset in a divorce.

All assets and debts acquired by either spouse during the marriage, which are subject to division in divorce.

A written contract between divorcing spouses that resolves all issues including property division, custody, and support.

The intentional dissipation or destruction of marital assets by one spouse, often in anticipation of divorce.

A voluntary process where a neutral third party helps divorcing spouses negotiate and reach agreements on disputed issues.

A trained neutral professional who facilitates negotiations between divorcing spouses to help them reach voluntary agreements.

A formal request to the court to change an existing order for custody, support, or visitation due to a substantial change in circumstances.

A formal written request asking the court to take a specific action or make a ruling on a particular issue in the divorce case.

A formal request asking the same judge to review and change a recent ruling based on new evidence or a legal error.

A request asking the court to force the other spouse to respond to discovery requests or comply with disclosure requirements.

A custody arrangement where the children stay in the family home while the parents take turns living there according to the custody schedule.

A court order prohibiting one person from communicating with or approaching another person, often issued in cases involving domestic violence.

A divorce where neither spouse must prove wrongdoing — only that the marriage is irreparably broken.

The parent who does not have primary physical custody of the children and typically has visitation or parenting time rights.

The process of having a notary public verify the identity of a signer and witness their signature on legal documents.

A legal contract between spouses (prenuptial before marriage, postnuptial during marriage) that determines how assets and debts will be divided in divorce.

A court order that prohibits an abusive person from contacting or coming near the victim, also known as a restraining order or protective order.

A court order requiring a party to appear and explain why they should not be held in contempt or why a specific action should not be taken against them.

Financial support paid by one partner to another after the breakup of a long-term, non-marital relationship.

A co-parenting approach for high-conflict situations where each parent operates independently with minimal direct communication.

The legal process a custodial parent must follow to move a significant distance with the children after divorce.

A mental health or legal professional appointed by the court to help high-conflict parents resolve day-to-day parenting disputes without returning to court.

A detailed written agreement specifying how parents will share custody, visitation, decision-making, and responsibilities for their children after divorce.

The scheduled periods when each parent has physical custody of and responsibility for the children, replacing the older term 'visitation.'

The legal process of dividing jointly-owned property, either by physical division or by forced sale with proceeds split between the owners.

The legal determination of who is a child's biological father, which establishes rights and obligations for custody, visitation, and child support.

Latin for 'pending the litigation' — temporary orders for support, custody, or other matters that remain in effect until the final divorce decree.

Temporary spousal or child support awarded while the divorce case is pending, from a Latin term meaning 'during the litigation.'

The process of splitting retirement benefits earned during the marriage between both spouses, typically through a Qualified Domestic Relations Order (QDRO).

The criminal offense of deliberately lying under oath or in a sworn document, such as a financial affidavit in divorce proceedings.

Movable possessions such as vehicles, furniture, jewelry, art, electronics, and other items that are not real estate.

The formal legal document filed with the court to initiate divorce proceedings, also called a complaint in some states.

The spouse who initiates the divorce by filing the petition with the court, also called the plaintiff or complainant in some states.

The right to have the child live with you, determining where the child resides on a day-to-day basis.

The person who initiates a divorce lawsuit by filing a petition or complaint with the court.

A legal contract signed by spouses after marriage that outlines how assets and debts will be divided if they divorce.

A legal contract signed before marriage that specifies how property and debts will be handled in a divorce.

An arrangement where the child lives mainly with one parent, who handles most day-to-day decisions.

Legal services provided free of charge, typically to clients who cannot afford an attorney.

Representing yourself in court without an attorney, also known as self-representation.

A person authorized to deliver legal documents, such as divorce papers, to the opposing party.

The legal process of dividing marital assets and debts between spouses during divorce.

A court order that restricts one person from contacting, approaching, or harming another person.

Temporary court orders that govern custody, support, and property use while a divorce is pending.

A court order that divides a retirement plan between divorcing spouses without triggering early withdrawal penalties or taxes.

A legal document that transfers one person's ownership interest in real estate to another without guaranteeing the title is clear.

Land and anything permanently attached to it, such as a house, garage, or built-in fixtures.

The process of spouses resuming their marriage after a period of separation or after filing for divorce.

Temporary spousal support designed to help a lower-earning spouse gain education or job skills to become self-sufficient.

When a custodial parent seeks to move a significant distance away, potentially affecting the other parent's custody or visitation.

A formal legal request asking the other party to provide specific documents or tangible items relevant to the case.

The minimum time a person must live in a state or county before they can file for divorce there.

The spouse who receives the divorce petition filed by the other spouse (the petitioner or plaintiff).

A court order prohibiting a person from specific actions such as contacting, threatening, or approaching another person.

An upfront fee paid to a divorce attorney to secure their services, drawn down as work is performed.

Child or spousal support ordered to cover a period before the support order was officially entered.

A custody provision requiring one parent to offer the other parent childcare time before using a third-party babysitter.

The right to be represented by an attorney in legal proceedings, though in divorce cases this right is not automatically guaranteed at public expense.

Assets or debts that belong to one spouse individually and are generally not subject to division in divorce.

A written contract between spouses outlining terms for property division, support, custody, and other matters during or instead of divorce.

The date spouses begin living separate lives, which can affect property division, support calculations, and waiting periods.

The formal delivery of legal documents (like a divorce petition) to the other party, giving them official notice of the proceedings.

A court-supervised meeting where both parties and their attorneys attempt to negotiate a resolution before trial.

A custody arrangement where both parents have significant, roughly equal parenting time with the children.

A custody arrangement where one parent has exclusive physical and/or legal custody of the children.

Court-ordered payments from one spouse to another after divorce to help maintain a reasonable standard of living. Also called alimony.

The level of financial comfort and lifestyle established during the marriage, used as a benchmark for spousal support.

A brief court hearing where the judge checks on the progress of the divorce case and sets deadlines.

A court order requiring both spouses to maintain current financial and custody arrangements during divorce proceedings.

A formal agreement between both parties on specific issues in the divorce, submitted to the court for approval.

A court order compelling a person or entity to produce documents or appear to give testimony.

A legal document notifying the respondent that a divorce action has been filed and they must respond within a set timeframe.

Court-ordered visitation where a parent can only see their child in the presence of an approved third party.

Court orders that establish interim rules for custody, support, and property during the divorce process.

A short-term emergency court order that provides immediate protection until a full hearing can be held.

A largely outdated legal presumption that young children are better off in their mother's custody.

A court order permanently ending a parent's legal relationship with their child, including custody, visitation, and support obligations.

Statements made under oath by a witness or party during a deposition or court hearing.

Custody awarded to someone other than a biological parent, such as a grandparent, relative, or family friend.

Legal ownership of property, as documented on a deed, registration, or other official record.

The legal conversion of separate property into marital property, or vice versa, through the actions of the spouses.

A formal court proceeding where a judge hears evidence and arguments from both sides and makes final decisions on all unresolved divorce issues.

A uniform law adopted by all 50 states that determines which state has jurisdiction over child custody matters.

A federal law ensuring that only one valid child or spousal support order exists at a time, even when parties live in different states.

A divorce where both spouses agree on all terms including property, custody, and support, requiring no trial.

The specific court location (usually a county) where a divorce case is filed and heard.

The scheduled time a non-custodial parent spends with their child, as outlined in a court order or parenting plan.

A marriage that is legally invalid from the start and treated as though it never existed.

A marriage that is legally valid until one party successfully petitions the court to annul it based on specific grounds.

A court order directing an employer to deduct child or spousal support directly from the paying spouse's paycheck.

A voluntary relinquishment of a legal right, such as the right to receive service of process or spousal support.

A person who provides testimony under oath in a divorce case, either as a fact witness or an expert witness.