ALIMONY:  Support paid by one ex-spouse to the other as ordered by a court in a divorce (dissolution) case. Alimony is also called “spousal support” in California and some other states. Usually it is paid by the male to his ex, but in some cases a wealthy woman may have to pay her husband, or, in same-sex relationships the “breadwinner” may pay to support his/her stay-at-home former partner. Many counties and states have adopted formulas for Alimony based on the income of each party. Payment of Alimony is usually Limited in time based on the number of years of Marriage. Lengthy Marriages may result in a lifetime of payments. A judge has complete discretion whether to award alimony or not. A substantial change in circumstance, such as illness, retirement, or loss of income, can be grounds for the court to grant a modification or termination of the payment. The level of Alimony can be determined by written agreement and submitted to the court for a stipulated order. Income tax-wise, Alimony is deductible as an expense for the payer and charged as income to the recipient. Child support is not Alimony.

ANNULMENT: (nullity of marriage) An annulment is a legal determination (finding) that a marital status between the parties never existed. This differs from a divorce, which terminates (ends) a legal marital status.

AFFIDAVIT: A written declaration (statement) that is sworn to under oath and under penalty of perjury, by the person making the declaration, before a person having the legal authority to take the oath.

APPEAL: A request to the higher court for review of the lower court’s decision and reversal of the judgment.

ARBITRATION: Submitting a dispute to a third party who will help resolve the issue between the parties.

ARREARAGE: (arrears) Money which is overdue or unpaid, such as in the case of child support owed by a parent.

BIFURCATION: The court may sever, not resolve all issues, and grant a separate trial on the issue of dissolution of marriage status (dissolution of marriage “status only” judgment).  The court will reserve jurisdiction for later determination of all other pending issues, such as the division of community property.  A bifurcated proceeding may be appropriate where the parties want their marriage terminated as soon as legally possible, such as where they desire to remarry.

CHANGE OF VENUE: Change of judge or location.

CHILD CUSTODY: The awarding of responsibility for the care, control and maintenance of a child, by the court, to one of the parents, or to both of the parents, as in joint custody.

CHILD SUPPORT: A legal responsibility that both parents have to provide adequate financial support for the children until each reaches the age of emancipation (In North Carolina, this is at the age of 18. You should contact an attorney in your state to determine your state’s definition.). The goal is to keep the children in the same quality of lifestyle that they would have experienced had the divorce not taken place. In North Carolina, the following are considered when determining an appropriate amount for support:

• The financial resources of each parent and that of the child’s.
• The age and health of each parent.
• The income and earning capabilities of each parent.
• The willingness both parents demonstrate to allow visitation.
• The impact on each parent maintaining two households.
• The child’s educational needs, higher education not withstanding.
• The age and health of the child.
• The possibility of the child obtaining employment.
• The tax liabilities of each parent.
• The desire on the part of each parent to have sole or joint custody.
• The employment stability and potential of each parent.

COBRA: The Consolidated Omnibus Budget Reconciliation Act (COBRA) is a federal law giving you and your covered dependents the right to continue group health coverage on a self-paid basis if eligibility for employer-sponsored group medical and dental insurance is lost through loss of employment or through divorce. COBRA eligibility is usually for 18 or 36 months after the event.

COLLUSION: An agreement to commit fraud.

COMMISSIONER: A person who is appointed an officer of the court and charged with the administration of the laws.

COMMON LAW MARRIAGE: Two people agree, live together and hold themselves out to the public as husband and wife, but do not go through a ceremonial marriage.

COMMUNITY PROPERTY: The property owned jointly by married persons, in which the husband and the wife, or registered domestic partners, each has an undivided one-half interest. (California is a community property jurisdiction.)

CUSTODIAL PARENT: The parent who has physical custody of the child

CUSTODY: Legal guardianship of the children. Frequently, in a divorce proceeding, custody will be shared between the parents (“shared custody”). Less frequently, there will be a reason to award custody only to one parent (“sole custody”).

DEFAULT: Failure to respond in the prescribed manner within a given period of time. The Respondent in a Petition for Dissolution is said to be in default if he or she failed to respond within a set period of time, usually 30 days after the date of service.

DEFAULT JUDGEMENT: A judgment rendered when the other side failed to appear in court.

DEFERRED COMPENSATION PACKAGE: This includes all retirement assets, such as pension, 401K’s, IRA’s, and any variety of saving or postponed income which has been earned during the marriage.

DEFENDANT: The person against whom a claim is brought.

DEPOSITION: A pretrial discovery device in which one party verbally answers questions from the other party.

DESERTION: One spouse voluntarily leaves the other (without justification or consent from their spouse) for an uninterrupted period of time and with no intentions of returning.

DISCOVERY: The gathering of information in the form of facts and documents that are relevant to a cause of action and disclosed by a party at another party’s request.

DOCKET: The court’s calendar schedule.

EQUITABLE DISTRIBUTION: The fair, but not necessarily equal, division between former spouses of property acquired during the marriage.

EVALUATION: (730 evaluation) If there is a contest between parents regarding custody of the children, an evaluation may be ordered, sometimes called a 730 evaluation.  The child custody evaluation may be ordered under Evidence code Section 730.  A 730 may be ordered when it appears to the court, that expert evidence is or may be required by the court to investigate, render a report, and testify as a witness.

EX PARTE: A judicial proceeding, order or injunction that is granted for the benefit of one party and in which only one party is heard.

GARNISHMENT: A proceeding whereby a debtor’s money, or other property, which is under the control of another is given to a third person to whom the debtor owes a debt. In family law this often applies to child support or alimony. One spouse may have their wages garnished to assure that a debt to the other spouse is paid.

GROUNDS: The basis for action or complaint, as in grounds for divorce.

HEARING: A court session in which testimony or arguments are offered by attorneys or involved parties for the purpose of resolving a legal dispute.

IN CAMERA: A judicial proceeding heard in private in the judge’s chambers or in the courtroom where spectators are excluded.  This happens regularly in divorce court but it is not just the spectators excluded, the divorcing parties are excluded while the attorneys and the judge decide on the parties future.  Rarely is a court reporter invited into the private meeting!

IN PROPRIA PERSONA: (in pro per) A person who represents himself in court without an attorney.

IRRECONCILABLE DIFFERENCES: The usual basis for granting a divorce (dissolution) in no-fault divorce states. If one party says the marriage is irretrievable and refuses to reconcile then such differences are proved to exist. See also: divorce no fault divorce.

INTERROGATORIES: A written set of questions sent from one party to the other during the discovery process.

JOINT CUSTODY: A decision by the court (often upon agreement of the parents) that the parents will share custody of a child. There are two types of custody, physical and legal. Joint physical custody (instead of one parent having custody with the other having visitation), does not mean exact division of time with each parent, but can be based on reasonable time with each parent either specifically spelled out (certain days, weeks, holidays, alternative periods) or based on stated guidelines and shared payment of costs of raising the child. Joint Legal custody means that both parents can make decisions for the child, including medical treatment, but where possible they should consult the other. Upon the death or disability of either parent, Legal custody will go to the remaining parent and will give the active parent the sole ability to act as parent for the child without further order of the court. The primary affect of this is a psychological benefit for the parent and the child, so that a child can be told that both parents cared for the child, even though the child had to live most of the time with one of them.

JOINT LEGAL CUSTODY: Situation in which both parents continue to make joint decisions for their child’s education, medical care, religious training, camp, and other day to day matters.

JOINT PHYSICAL CUSTODY: A situation wherein the child spends time sleeping in both parents’ homes.

JUDGMENT: The decision of a court and the determination on the rights and claims of the parties to a cause of action.

LEGAL CUSTODY: Legal custody entitles a parent to make decisions regarding the health care, education, religion and general welfare of the child.

LEGAL SEPARATION: A court order whereby a married couple will live separately yet remain legally married and the court will arrange the terms of issues such as custody and support.

LUMP-SUM ALIMONY: Alimony (a.k.a. spousal support, maintenance) money is given in a single lump-sum payment.

MARITAL AGREEMENTS: Contracts between parties concerning the division and ownership of marital property which may take the form of prenuptial agreements before marriage, or marital settlements agreements upon dissolution of marriage.

MARITAL PROPERTY: Marital property is defined as all assets acquired during the marriage and prior to the date of separation. All marital property is subject to fair distribution between the marital partners. However, in North Carolina, this right to equitable distribution is not automatic, so one or both spouses must specifically claim it prior to a divorce judgment. You should contact an attorney in your state to determine your state’s definition.

MARRIAGE OF LONG DURATION: A marriage of 10 years of more, may be determined a marriage of long duration, as defined in Family Code section 4336.

MEDIATION: A dispute resolution process in which a neutral third party helps the disputing parties to communicate and agree upon a settlement.

MINOR: Someone under the age of majority. In North Carolina, a minor is defined as anyone who has not reached the age of 18. You should contact an attorney in your state to determine your state’s definition.

MOTION: A request made to the court of judge for a ruling on a point in favor of the moving party.

MOTION TO MODIFY: A motion put before the court requesting that changes be made in physical or legal custody, or in child support payments, thus modifying the existing arrangement.

NO FAULT DIVORCE: Divorces (dissolutions) in which neither spouse is required to prove “fault” or marital misconduct on the part of the other. To obtain a divorce a spouse must merely assert incompatibility or irreconcilable differences, meaning the Marriage has irretrievably broken down. This means there is no defense to a divorce petition (so a spouse cannot threaten to “fight” a divorce), there is no derogatory testimony, and marital misconduct cannot be used to achieve a division of Property favorable to the “innocent” spouse. Increasingly popular since the 1960s, no fault divorce is in effect in every state except Illinois and South Dakota.

NONCUSTODIAL PARENT: The parent with whom a child is not living.

PENDENTE LITE: Latin for “while litigation is going on.”

PETITION: A formal request that the court take some action; a complaint.

PETITION FOR DISSOLUTION: The wording used in some states for the legal Petition for Divorce.

PETITIONER: The spouse who files for divorce.

PRE-TRIAL MOTIONS: See PDL Motion and Motions.

PHYSICAL CUSTODY: Physical custody concerns the day-to-day living arrangments of the child and whether one parent will have sole physical custody or whether both parents will share in joint physical custody of the child.

PLAINTIFF: The party bringing the case against another.

PLEADING: A written statement from the parties, filed with the court, in which the parties present their claims and defenses and thereby provide notice to the opposing party of the issues for trial.

POST JUDGMENT MODIFICATION: A change or alteration of a judgment after the judgment has been entered.

PRENUPTIAL AGREEMENT: (premarital agreement) An agreement made between the parties in contemplation of future marriage, which will become effective upon marriage, in which they attempt to resolve issues, such as support and division of property, in the event of the death of a spouse or upon divorce.

PROPERTY DIVISION: The distribution of property accumulated by spouses as a result of their joint efforts during the marriage. Sometimes referred to as a “property settlement.”

PRO SE: On one’s own behalf; not using an attorney.

QUALIFIED DOMESTIC RELATIONS ORDER: (QDRO) A court order, called a qualified domestic relations order, concerns the assets of a pension plan that are approved for division in a dissolution property settlement or for child or spousal support.

QUITCLAIM: A release of whatever claim or title you have in a property.

REBUTTAL: The act of rebutting or contradicting in a legal suit.

RECONCILIATION: Resuming the martial relationship.

REQUEST FOR PRODUCTION: Part of the Discovery process in which one attorney asks for the other side to produce documents they deem necessary to the case, such as financial documents.

RESPONDENT: The spouse whom the Petitioner is seeking to divorce.

RESTRAINING ORDER: An injunction by which the court forbids the defendant from doing an specific act for a period of time and until a hearing may be heard.

RETAINER: The fee paid to an attorney or other professional for their services, sometimes representing advance payment for anticipated future services.

SEPARATE PROPERTY: Property owned by a husband or wife that is their own property, such as property owned before marriage or acquired after marriage by gift or inheritance.

SERVICE OF PROCESS: The delivery of legal papers to an adverse party in a cause of action, which provides notice and gives the party an opportunity to appear and be heard.

SERVING: See above. These papers are usually presented to the respondent either by mail, or in person by a County Sheriff’s Deputy or Process Server.

SET ASIDE DEFAULT OR DEFAULT JUDGMENT: (vacating judgment) A motion may be made to the court after the entry of judgment, within 6 months after the date of the default.

SOLE CUSTODY: One parent has the complete physical and legal custody of the children.

SPOUSE: Husband or wife.

SPOUSAL SUPPORT: (maintenance) (see alimony)  Court ordered economic support to dependent former spouses.  Spousal support is generally of temporary  duration to allow a former spouse obtain education and job skills, enable earning power and become self-supporting.

SUBPOENA: A subpoena compels appearance at a certain time and place to give testimony upon a certain matter.

SUBPOENA DUCES TECUM: A subpoena duces tecum is initiated by a party in litigation, which compels the production of specific documents and material relevant to facts in issue in a pending judicial proceeding, that are in the custody and control of the person or entity served with process.

SUMMONS: Written notice to appear in court either as a defendant or a witness. A summons is the court document served upon the non-filing spouse to start the divorce process.

SUPERVISED VISITATION: Visitation by a parent with his child while another adult (other than the custodial parent) is present.

TEMPORARY RESTRAINING ORDER: A court order issued on a temporary basis in an emergency situation, until the arguments and evidence can be heard by the court and the appropriate action in the matter determined.

TERMINATION OF PARENTAL RIGHTS: A judicial declaration that a parent shall no longer have a right to participate in decisions affecting the welfare of the child.

TRIAL: The formal legal process in which the court (judge) receives evidence and testimony to enable him or her to decide in a dispute between two parties.

UNCONTESTED DIVORCE: Not disputed or challenged. May be referred to as a “Friendly Divorce.”

UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT: (UCCJEA) A declaration must be filed under this act, if there are minor children involved.

UNIFORM INTERSTATE FAMILY SUPPORT ACT: (UIFSA) Provides uniform state laws to enforce support obligations when the minor’s custodial parent and non-custodial parent reside in different states.

VISITATION RIGHTS: The non-custodial parent’s (parent who does not have physical custody or live with the child) right of access, granted by the court, to visit the child or children.

VOID MARRIAGE: (see nullity) A marriage where the parties could not enter into a valid marriage and an assumed marriage does not exist. Voidable marriage: A marriage which is valid when entered into and remains valid until either party obtains a court order that determines it is void.

WAGE GARNISHMENT: A legal proceeding whereby the employer, of a person who has a judgment rendered against them, is required to deduct a portion of the person’s wages in payment and satisfaction of the judgment.

WAIVER: The legal document with which one relinquishes a known right, claim, or privilege.