Divorce

Divorce terms

1. abandonment Process by which the debtors estate would not benefit by the sale of certain property so the trustee will turn it back over to the debtor.
2. Absolute divorce a divorce in which the marriage is completely dissolved and both parties become single.
3. Acceptance of service Acceptance of service is an agreement by a defendant (or his/her attorney) in a legal action to accept a complaint or other petition (like divorce papers)…
4. Action Case, cause, suit or controversy disputed or contested before a court.
5. Adultery Adultery means consensual sexual relations when one of the participants is legally married to another.
6. Affidavit A sworn statement in writing before a proper official, such as a notary public.
7. Agreement Mutual consent.
8. Alias summons An alias summons is an additional summons when the original is not served on the defendant.
9. Alienation of affection Alienation of affection means convincing a wife to leave her husband, often for another man, causing the husband to lose conjugal relations.
10. Alimony Alimony is money you get from a spouse with whom you no longer live, or a former spouse, if paid to you as part of a divorce agreement, separation…
11. Alimony in gross alimony payments paid in one lump sum.
12. Alimony recapture rule The alimony recapture rule only applies to the payor when alimony payments decrease substantially or end during the first three calendar years.
13. Alternative Dispute Resolution (ADR) (ADR) Alternative Dispute Resolution (ADR) is the name for the different ways of settling a disagreement outside of the courtroom.
14. Annulment the legal dissolution of a marriage. In an annulment, the marriage is treated as though it never existed.
15. Answer The defendant may file a written answer, notifying both the Court and the plaintiff exactly what the defendant’s response is to the facts in the…
16. Appeal To call for a review of an IRS decision or proposed adjustment.
17. Arrearage Arrearage is the amount of money that is past due for child or spousal support.
18. Certificate of Service A section of a court document stating that the filing party served a copy to the opposing party.
19. Child custody a term that refers to the custody of children after a divorce.
20. Child Support a term that refers to payment by one spouse to the other for the upbringing of their children.
21. Complaint A written communication primarily expressing a grievance against an insurance company or agent.
22. Condonation Condonation is the act of forgiving one's spouse who has committed an act of wrongdoing that would constitute a ground for divorce.
23. Contempt Contempt is failure to follow a court order.
24. Corroborative witness A corroborative witness is a person who testifies for you and in a court of law to support your grounds for child support, child custody, alimony, or…
25. Counterclaim A claim made by the defendant in a civil lawsuit against the plaintiff.
26. Custodial parent the parent who has physical custody of the children.
27. Debt An obligation to repay a sum of principal, plus interest. In corporate terms, debt often refers to bonds or similar securities.
28. Decree An order of the court. A final decree is one that fully and finally disposes of the litigation. See interlocutory.
29. Default Default occurs when a debtor is unable to meet the legal obligation of debt repayment, one form of which is the failure to promptly pay interest or…
30. Defendant An individual (or business) against whom a lawsuit is filed.
31. Deposition An oral statement made before an officer authorized by law to administer oaths.
32. Discovery This is when the Court orders each party (each side) to give each other information about the facts before the trial, to avoid surprise.
33. Dissolution The termination; process of dissolving or winding up something.
34. Divorce the legal dissolution of a marriage.
35. Equitable distribution Equitable distribution is the division of property that is fair in view of all of the circumstances. Equitable does not necessarily mean equal.
36. Ex Parte Protective Order An Ex Parte Protective Order is typically granted when certain acts of domestic violence have happened and the victim request a 10-day order of protection…
37. Fault "Fault" means adultery, alcohol abuse, drug abuse, physical abuse, domestic violence, abandonment or reckless spending.
38. Fixed visitation a form of visitation in which the court orders fixed dates, times, and duration of visitation for the non-custodial parent.
39. Indignities An indignity is conduct which renders the other spouse's condition intolerable and life burdensome.
40. Interrogatories A set or series of written questions propounded to a party, witness or other person having information or interest in a case; a discovery device.
41. Joint custody a form of child custody that grants both parents joint legal custody, joint physical custody, or both joint legal custody and joint physical custody.
42. Judgment A legal decision; when requiring debt repayment, a judgment may include a property lien that secures the creditor's claim by providing a collateral source.
43. Jurisdiction (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same…
44. Legal custody a form of child custody that grants one parent the right to make decisions about the child's upbringing.
45. Limited divorce the termination of cohabitation, also known as a separation.
46. Lump sum alimony see "alimony in gross."
47. Malicious turning out of doors Malicious turning out of doors is a sub-set of willful abandonment and is proved by the same basic facts.
48. Marital property Marital property is all property that was acquired during the course of a marriage, even if it is not titled in both names, with some exceptions.
49. Minor A person under the age of legal competence.
50. Net "Net" means the value of your assets after subtracting your debts.
51. No fault divorce No fault divorces are divorces (dissolutions) in which neither spouse is required to prove "fault" or marital misconduct on the part of the other.
52. Non-custodial parent the parent who does not have physical custody of the children.
53. Non-marital property Non-marital property is property that was owned by either spouse prior to the marriage or acquired by them individually.
54. Paternity the determination of who the father of a child is in order to arrange child custody and child support in the event of a divorce.
55. Permanent alimony a type of alimony that is paid in regular intervals. Permanent alimony may change or be terminated upon the remarriage of the spouse receiving alimony…
56. Physical custody a form of child custody that grants one parent the right to live with the child.
57. plaintiff A person or business that files a formal complaint with the court.
58. Prenuptial agreement A prenuptial agreement is an agreement entered into before marriage that sets forth each party's rights and responsibilities should the marriage terminate…
59. Professional Practice A "professional practice" means a law firm, a medical practice, an accounting firm, etc.
60. Qualified Domestic Relations Order (QDRO) (QDRO) A Qualified Domestic Relations Order (QDRO) is an order issued by the court to divide retirement benefits.
61. Reasonable visitation a form of visitation in which the parents work out a schedule of visitation for the non-custodial parent.
62. Reconciliation The process of analyzing two related records and, if differences exist between them, finding the cause and bringing the two records into agreement.
63. Restraining order A Restraining order is an order issued by the court requiring the subject of the order to refrain from a certain action.
64. Separation see "limited divorce."
65. Service See Services
66. Settlement conference A settlement conference is a meeting at which the parties and their lawyers attempt to settle the case before trial.
67. Sole custody a form of child custody that grants one parent the right to legal and physical custody.
68. Stipulation An agreement between the parties to settle all or part of the case without further hearings. The stipulation must be approved by the Court.
69. Subpoena A command to a witness to appear and give testimony.
70. Supervised visitation a form of visitation in which an adult supervisor must be present when the child is visiting with the non-custodial parent.
71. Temporary alimony a type of alimony payment that is made to one spouse pending separation or divorce proceedings.