Glossary
Divorce words, in plain English.
Every term you are likely to meet, explained in a sentence.
A
- Acceptance of service
- A signed form in which the respondent confirms receiving the divorce papers, replacing formal service.
- Alimony
- Payments from one spouse to the other after divorce. Also called spousal support or maintenance.
- Automatic orders
- Rules that take effect when a divorce is filed in many states, stopping both spouses from selling property, cancelling insurance or moving children out of state.
B
- Best interests of the child
- The standard courts use for every custody and parenting decision.
C
- Child support guideline
- The state formula used to calculate child support.
- COBRA
- A federal law that usually lets a former spouse keep workplace health coverage for up to 36 months after divorce, at their own cost.
- Collaborative divorce
- A process where both spouses and their lawyers agree to settle without going to court.
- Commingling
- Mixing separate property with marital property, which can make it partly or fully marital.
- Community property
- A system used in nine states where most property acquired during marriage belongs equally to both spouses.
- Contested divorce
- A divorce where spouses disagree on at least one issue.
D
- Decree
- The final court order that ends the marriage. Also called a judgment of divorce or dissolution.
- Default
- A step that lets a case continue when the respondent was served and did not respond in time.
- Discovery
- The formal process for demanding information and documents from the other side.
- Dissolution of marriage
- The legal name for divorce in several states.
E
- Equalization payment
- A payment from one spouse to the other so each receives their agreed share of the marital estate.
- Equitable distribution
- The system in most states for dividing marital property fairly, which is not always equally.
F
- Fee waiver
- A court order excusing filing fees for people who cannot afford them.
- Financial affidavit
- A sworn statement of income, expenses, assets and debts. Names vary by state.
G
- Guardian ad litem
- A person appointed by the court to represent a child's interests in a custody case.
L
- Legal custody
- The right to make major decisions for a child, such as education and health care.
- Legal separation
- A court order settling support, property and parenting without ending the marriage. Not every state offers it.
- Limited scope representation
- A lawyer handling specific tasks for a client rather than the whole case. Also called unbundled services.
M
- Marital settlement agreement
- The written contract setting out how spouses divide property, debts, support and parenting.
- Mediation
- A confidential process where a neutral helps spouses reach agreement.
N
- No-fault divorce
- A divorce granted without proving wrongdoing, usually because the marriage is irretrievably broken.
P
- Parenting plan
- A written schedule and set of rules for raising children in two homes.
- Petition
- The document that starts a divorce case. Called a complaint in some states.
- Petitioner
- The spouse who files for divorce. Called the plaintiff in some states.
- Physical custody
- Where a child lives and sleeps. Also called parenting time, time-sharing or residential schedule.
- Proof of service
- A form filed with the court showing how and when the other spouse was served.
- Protective order
- A court order to protect someone from abuse or threats. Also called a restraining order.
Q
- QDRO
- A qualified domestic relations order, used to divide a workplace retirement plan.
- Quitclaim deed
- A deed transferring one person's ownership interest in property. It does not remove anyone from a mortgage.
R
- Residency requirement
- How long a spouse must live in a state before filing for divorce there.
- Respondent
- The spouse who receives the divorce papers. Called the defendant in some states.
S
- Separate property
- Property owned before marriage, or received during marriage by gift or inheritance and kept apart.
- Service of process
- Formally delivering divorce papers to the other spouse.
- Simplified divorce
- A faster procedure available in some states for couples who meet strict conditions, such as no children and few assets.
T
- Temporary orders
- Court orders that apply while the divorce is pending, covering support, parenting and bills.
U
- Uncontested divorce
- A divorce where spouses agree on every issue.
W
- Waiting period
- The minimum time between filing or service and the final judgment in many states.
Ready when you are
Still confused by a word?
Ask Counsel. It explains in plain words and applies it to your state.