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DIVORCE GLOSSARY

Alimony. Financial payments made to help support a spouse or former spouse during separation or following divorce. Also called spousal support or spousal maintenance.

ALLOWABLE DEDUCTIONS

The following are deductions typically allowed against gross income:

State and federal income taxes that accurately relate to the tax status of the parties
Contributions to Social Security (FICA)
Mandatory union dues
Health insurance premiums
Child or spousal support that was paid
Necessary job related expenses
Alternative dispute resolution (ADR). Methods of resolving legal disputes without going to trial, in a less adversarial manner, such as through arbitration or mediation.

Arrearage. The amount of money that is past due for child or spousal support.

ASSETS

See "Community Property" and "Separate Property"

ASSIGNMENT OF WAGES (MANDATORY WAGE ASSIGNMENT)

Any order for child support payments must include an order for the assignment of wages, unless it is agreed in writing that no wage assignment will be filed with an employer if the spouse is not in arrears by more than a specified time or is current on his/her payments.

AUTOMATIC RESTRAINING ORDER

When the divorce petition is served, neither spouse can take any children out of state, sell or borrow against property, or borrow or sell insurance held for the other spouse. These orders remain in effect until the judgment is signed by the court.

CHILD CUSTODY

Both parents must decide on the custody of any minor children under the age of 18. Physical custody relates to living with and supervising the children. Legal custody refers to decisions relating to health, education, welfare and other significant decisions affecting the children. Both physical and legal custody can be sole or joint. See the section on “Custody of Minor Children in a Divorce” for more information.

Child support. Money that a non-custodial parent pays to the custodial parent for their child(ren)'s support.

Child support guidelines. Guidelines established by statute or rule in each jurisdiction that set forth the manner in which child support must be calculated, generally based on the income of the parents and the needs of the children.

COMMUNITY DEBTS

Like community property, all debts acquired during the marriage are community debts. Both husband and wife are equally liable for these debts. In most cases, this includes unpaid credit card balances, home mortgages and car loan balances.

COMMUNITY PROPERTY / MARITAL PROPERTY

Everything a husband and wife own together. In most cases, it includes all property acquired during the marriage and is deemed to be owned jointly by wife and husband. It includes money and wages earned during the marriage as well as anything purchased with that money, regardless of who actually earned it.

Community property is observed in the following states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.

COURT HEARING

A court hearing is not required for all divorces if the petitioner takes the necessary steps to complete an action by mail. Legal Zoom sends you these steps with your forms.

Custody. Having rights to your child. Custody can be either legal, which means that you have the right to make important decisions about your child's welfare, or physical, which means that the child lives with and is raised by you.

DEBT

Debt means any money owed to another person or company.

Decree. The court's written order or decision finalizing the divorce, often issued in conjunction with the court's judgment.

Default. Failing to answer a petition or complaint for divorce. Failing to file an answer or appear in court as required can result in the court awarding everything requested by the filing spouse.

Defendant. The person against whom legal papers are filed, also sometimes referred to as the respondent.

Deposition. Part of the discovery or information-exchanging process of a legal proceeding, in which the attorney for the other party asks you questions, you answer with your attorney present, and a transcript of the proceedings is prepared.

DISCLOSURE

The law requires both spouses to provide the other with all information related to their property, income, assets and debts. This is called Full Disclosure. Failing to fully disclose all relevant information or concealing information can have serious consequences. It’s important to be precise in listing assets and debts. There are two disclosure forms that will be generated.

Discovery. The information-exchanging process of a legal proceeding, including serving and answering interrogatories and requests for production of documents, and taking depositions.

Dissolution. Another word for divorce, which is the legal termination of a marriage relationship.

Divorce. The legal termination of a marriage relationship.

Domestic violence. Physical abuse or threats of abuse occurring between members of the same household.

Equitable distribution. A division of property that is fair in view of all of the circumstances. Equitable does not necessarily mean equal.

GROSS INCOME

Income such as commissions, salaries, royalties, wages, bonuses, rents, dividends, pensions, interest, trust income, annuities, worker’s compensation benefits, unemployment insurance benefits, disability benefits and spousal support received are all typically considered part of gross income. Gross income also includes gross receipts from a business, less business expenditures and employer benefits. Gross income does not include any received child support payments or public assistance based on need.

Interrogatories. Written questions served by the opposing party that must be answered in writing as part of the discovery process.

IRRECONCILABLE DIFFERENCES

When marital difficulties cannot be resolved and have led to the permanent breakdown of the marriage. This reasoning is all that is required for a divorce in most states.

Joint legal custody. The sharing, by both parents, of the right to make important decisions about a child's welfare.

Joint physical custody. The sharing, by both parents, of the actual physical care and custody of a child.

JUDGMENT

The most important document of your divorce. It is the final resolution of all your legal issues. Every part of your judgment is finalized when it is signed by the court, including the marital settlement agreement (if it is attached).

Legal custody. The right to make important decisions about the raising of your child, on issues such as health care, religious upbringing, education, etc.

Marital property. Generally, all property acquired during the marriage.

MARITAL SETTLEMENT AGREEMENT

An agreement by which both spouses document the terms of the divorce, such as the division of property, child custody and spousal support. See “Marital Settlement Agreements in a Divorce” for additional information.

Mediation. A form of alternative dispute resolution (ADR) for resolving legal disputes without going to trial, by the use of a trained and impartial third party who attempts to bring the parties together in mutual agreement.

NET INCOME

Net income is gross income minus allowable deductions.

Non-custodial parent. The parent who does not have physical custody of the child(ren).

Non-marital property. Generally, property owned by either spouse prior to marriage or acquired by them individually, such as by gift or inheritance, during the marriage.

PARENTING PLAN

Part of the marital settlement agreement that documents child-related issues like visitation and residency. After the divorce, this plan can be modified at anytime by one spouse going to court and showing why the change would be in the child’s best interests.

PENSIONS

Please refer to Divorce Guide Chapter 11, Retirement Benefits in a Divorce.

PERSONAL PROPERTY

Any property that is moveable, as opposed to land or attached to land. Cars, jewelry and furniture would all be defined as personal property. Personal property can be divided into community and separate property.

Physical custody. The day-to-day rights and responsibilities associated with having your child in your home and being responsible for his or her care and upbringing.

PETITION

The first document filed in court and the one that starts the clock running on any required waiting periods. The petition includes important information about the marriage, such as the husband, wife, and any children’s names, whether there is any separate or community property, child custody, child support and spousal support.

Petitioner. Often, the person who initiates divorce or marriage dissolution proceedings, also called the plaintiff.

Plaintiff. The person who initiates legal proceedings, often called the petitioner in family law matters.

Premarital agreement. An agreement entered into before marriage that sets forth each party's rights and responsibilities should the marriage terminate by death or divorce. Also called a prenuptial agreement.

Prenuptial agreement. An agreement entered into before marriage that sets forth each party's rights and responsibilities should the marriage terminate by death or divorce. Also called a premarital agreement.

Qualified Domestic Relations Order (QDRO). Pronounced "kwah-dro," an order issued by the court to divide retirement benefits.

REAL PROPERTY

Real property means “land” and anything attached to the land, such as a building, home or even trees. It includes anything underneath the land as well, such as minerals or water. Real property can be divided into community and separate property.

RESIDENCY

Most states require the spouse filing for divorce to have lived there for a minimum amount of time before filing an action. The required time frame varies by state, but six months is a typical average. Please visit our state-by-state guide for more details.

As long as the residency requirement is satisfied, the state where you were married does not matter. Being away on a business trip or vacation does not stop your residency.The residency requirement ceases when the petition is filed. This means you or your spouse can move anywhere, unless you have minor children. Then you need written permission from the other spouse or a court order prior to moving.

Respondent. The person who answers a petition in a legal proceeding, sometimes also referred to as the defendant.

Restraining order. An order issued by the court requiring the subject of the order to refrain from doing something, often issued in conjunction with domestic violence or custody disputes.

SEPARATE DEBTS

All debts incurred before marriage that remain the obligation of only one spouse. Any educational or job training loans acquired before marriage would be separate debts.

SEPARATION

Most states do not require physical separation in order to divorce. The date of “separation” is the date when both the husband and wife officially decide the marriage is over. The date of separation is often defined by evidence of the marriage ending, such as one person moving out.

SEPARATE PROPERTY

Everything a husband and wife OWN SEPARATELY. In most cases, separate property includes:

Anything you or your spouse owned prior to marriage.
Anything you or your spouse inherited or received as a gift.
Anything you or your spouse earned after your separation.
Anything one spouse gives up in writing to the other.
Settlement conference. A meeting at which the parties and their lawyers attempt to settle the case before trial, often ordered by the court.

Split custody. A form of custody (generally not looked upon favorably) in which some or one of the parties' children is/are in the custody of one parent and the remaining child(ren) is/are in the custody of the other parent.

Spousal support or maintenance. Financial payments made to help support a spouse or former spouse during separation or following divorce. Also called alimony.

Stipulation. An agreement entered into by the divorcing spouses that settles the issues between them and is often entered into the court's final order or judgment and decree.

SUMMONS

A message the court provides to the non-petitioning spouse (also known as the respondent) stating that a divorce petition has been filed. It also states that if a response is not filed within 30 days, the court can grant the petitioner’s request.

VALUE

The fair market value of each item. Fill in the cash value the property would receive if sold to someone else. In determining the amount, you should consider similar property someone else has sold.

Visitation. The time that a noncustodial parent spends with his or her child(ren).