Abandonment. Desertion.

Abuse. Cruelty.

Admissible. Description of a testimony, document, or other item that the court allows into evidence to be officially considered in a case.

Adultery. Sexual intercourse between a married person and a third party. Grounds for divorce in some jurisdictions.

Affidavit. A written statement of facts by a witness or party with personal knowledge of the situation, signed under oath.

Agreement/Separation Agreement/Property Settlement Agreement/Marital Settlement Agreement. A written and signed contract between spouses settling all matters in their divorce.

Alimony. Maintenance payments by one spouse or former spouse to the other.

Alimony Pendente Lite. Temporary spousal support during the divorce litigation.

Annulment. An order of the court declaring a marriage invalid.

Answer to Complaint. A pleading that responds to the allegations made in the complaint for divorce.

Antenuptial Agreement. A prenuptial agreement

Appeal. The process by which a higher court reviews the trial judge’s decision.

Appearance/Entry of Appearance. An attendance by your attorney-of-record in court or a pleading informing the court of your representation.

Arbitration. A proceeding held before a neutral third party who acts as private decision maker.

Arrearages. Any amount owed in the past under a court order, such as past-due child support.

Attachment. A court-ordered lien on personal or real property.

Best-interest attorney. A court-appointed attorney who represents the children.

Best interest of the child. The legal standard the judge uses to determine decisions related to the children.

Bifurcation. The splitting of a case into two separate parts. An example is when custody is tried first and then everything else is tried later.

Child Support. Court-ordered payments from the noncustodial parent to the custodial parent for the expense of raising children. These are neither tax deductible by the payor nor taxable income to the payee.

Child Support Guidelines. State guidelines for determining the amount of child support to be paid.

COBRA (Consolidated Omnibus Budget Reconciliation Act). Federal legislation that allows you to continue to participate in your ex-spouse’s health insurance benefits after the divorce for up to eighteen months.

Cohabitation. An arrangement where persons are single but living together as if they were married.

Common-Law Marriage. A recognition of marriage granted by a handful of states even when the parties have not been officially married.

Community Property. A property-distribution system that is applied in divorces. Community property is divided equally no matter in whose name it is held.

Complaint for Divorce. A document that is filed with the court to begin your divorce. The complaint identifies the parties; states the grounds for divorce; alleges all claims against the defendant; and requests the court to grant a divorce, grant custody, divide property, and order support.

Conflict of Interest. The legal contradiction that is said to exist when a lawyer attempts to represent both parties in a divorce.

Consolidation. An order of the court joining two related cases.

Contempt of Court. Failure to obey a court order, usually involving child-support or alimony payments.

Contested and Uncontested Divorce. A contested divorce is one in which the parties cannot reach an agreement and require the judge to decide on matters through a trial. An uncontested divorce is one in which the parties agree to all matters and sign a separation agreement.

Contingency Fee. A charge for legal services based on a percentage of recovery, traditional in auto accident cases, but not permitted in divorce cases.

Counsel Fees Pendente Lite. An court-ordered award of counsel fees made in order to allow a spouse with insufficient funds to be able to pay for legal fees during a divorce.

Counterclaim. A pleading stating the defendant’s allegations against the plaintiff, as would be produced if the defendant were the one to initially ask for a divorce.

Court. The place in the courthouse where the trial is held or a reference to the judge.

Court Docket. A formal record of court proceedings prepared by the clerk noting all pleadings and orders.

Cross-examination. The follow-up questioning of a witness by the opposing lawyer following the direct examination.

Cruelty. Physical or emotional harm. Constitutes grounds for divorce in most states.

Curtesy. A husband’s legal right to inherit a certain amount of his wife's property in the event of her death.

Custodial Parent. The parent with whom the child(ren) reside most of the time on the basis of her having been awarded physical custody or primary physical custody.

Custody, Legal. The right of a person to make long-term parenting decisions affecting a child.

Custody, Physical. The award to a person to be the one with whom the child lives most of the time.

Decision. The judge’s determination in a divorce case.

De Facto. Latin term for “in fact.” Refers to facts that may not be court ordered, such as custody de facto, which means that one parent has custody as a practical matter although no order has been entered yet.

De Jure. Latin for “in law.” Refers to matters that have been ordered by the court, such as custody de jure, which means custody ordered by the court.

Desertion. Unjustified leaving of the marital home by one spouse. Grounds for divorce in some states.

Discovery. The procedure and rules for obtaining information before trial. It consists of producing the following:

1. Interrogatories. Written questions for you or your spouse that must be answered in writing under penalties of perjury.
2. A request for production of documents.
3. A request for admissions. Written statements for your spouse that must be admitted or denied. If you do not respond, they will be considered to be admitted by the court.
4. Depositions. A series of verbal questions asked of a party or witness that he then answers under oath before a court reporter who produces a transcript of the testimony.
5. Third-party Subpoenas/Subpoena Duces Tecum. Requests to a third party, like an employer or bank, to attend a deposition and bring requested documents.

Divorce Decree. The court’s final order granting a divorce.

Domicile. A person’s residence, which is used in divorce to establish jurisdiction and venue.

Dower. A wife’s legal right to inherit a certain amount of her husband's property in the event of his death. In most states, a surviving spouse cannot be written out of the will and has the right to claim against the will one-third to one-half of the husband’s property.

Emancipation. The age when a child becomes an adult.

Equitable Distribution. A system of property division in which marital property is divided on an equitable but not necessarily equal basis.

Equity. A set of principles that can be applied by a divorce court, which include fairness in addition to the principles of law.

Evidence. Any testimony, document, or other item introduced in court to prove a person’s case. Only admissible evidence will be considered by the court.

Exhibit(s). Any evidence attached to a pleading or introduced at trial; an example would be a husband’s pay stub attached to a motion for temporary support.

Ex Parte. The Latin term for “one-sided.” It refers to a hearing where the opposing party isn’t present.

Expert Witness. Witnesses that are brought in to court to state their opinions on such matters as custody or the value of the marital home, pensions, and businesses.

Fault and No-Fault Grounds for Divorces. Grounds for divorce that must be stated in a complaint for divorce. Fault grounds are adultery, desertion, cruelty, and other misconduct. No-fault grounds may be separation for a certain amount of time or irreconcilable differences.

Fee Agreement/Retainer. A fee agreement is the written contract between you and your lawyer. It usually provides for an advance payment called a retainer.

File/Filing. Submitting a document to the court.

Filing Fee. A charge paid to the court to file a pleading.

Financial Statement. A court form that each party must complete, file, and serve that states their assets and liabilities, and income and expenses.

Find/Findings. A determination made by the judge, after listening to the evidence, about what she believes are the actual facts that will form the basis of her decision.

Fraud. Deception. Misrepresentation.

Garnishment/Wage Assignment/Wage Attachment. A court order requiring an employer to deduct a certain amount from an employee’s paycheck and send it to his spouse.

Hold Harmless. An agreement by your spouse to defend and indemnify you against any claims brought upon you by a third party.

Impeach. An attempt to prove that a witness hasn’t told the truth in all situations.

Injunction. A court order prohibiting or requiring some act.

Innocent Spouse Rule. Section 434(c)(1) of the Internal Revenue Code, giving a spouse relief from being responsible for an error in a joint tax return that she had no knowledge of.

Interlocutory Order. An order of the court that is not final.

Intestate. A person who dies without a will. Intestacy laws of the state will determine how the person’s property will be distributed.

Joint Property. Property held in the name of both spouses.

Jurisdiction. The court’s legal authority to decide a couple’s case.

Legal Separation. Something filed for in states where it is allowed to decide issues of custody and support before you have grounds for a final or absolute divorce.

Marriage Certificate. An official certification of your marriage with a raised seal.

Mediation. A situation in which the parties meet with a neutral mediator to try to work out a separation agreement.

Memorandum. A legal document filed with pleadings by your lawyer setting forth facts and law to support a request to the court.

Modification. A postdivorce procedure undertaken to change custody, child support, or modifiable alimony.

Motion. A pleading asking the court to take a specified action.

Negotiated Settlement. A separation agreement worked out by the parties, usually with counsel.

Nuptial. A description of something that pertains to the marriage.

Order. A decision produced by the court. Violation of a court order is considered contempt of court.

Parens patriae. The right of the state to determine what is in the best interests of your children.

Parental Kidnapping. A parent illegally taking a child in violation of a court order. The Parental Kidnapping Prevention Act is a federal law that requires states to cooperate with each other in returning children kidnapped by a parent. The United States, along with approximately thirty-five other countries, are signatories to the Hague Convention on the Civil Aspects of International Child Abduction, which provides procedures for returning abducted children to their rightful custodian.

Pendente Lite. The Latin term for “during the litigation.”

Perjury. Lying under oath.

Pleadings. Documents submitted to the court, such as the complaints for divorce, answers, counterclaims, and motions.

Postnuptial Agreement. An agreement similar to a prenuptial agreement but entered into after the wedding. It should be noted that a separation agreement is technically a postnuptial agreement.

Prayer for Relief. Request made to the court at the end of a pleading.

Premarital Assets. Assets acquired before marriage.

Prenuptial Agreement. A written contract, signed before marriage, that sets forth what happens in the event of death or divorce.

Pretrial Conference. A meeting of all parties and counsel with the trial judge to prepare for the trial.

Privilege. The right to have evidence excluded based on confidential relationships, such as attorney-client communications. You also have the right to assert the privilege against self-incrimination.

Pro Se Divorce. A party who represents herself without a lawyer.

Proposed Order. An order that sets forth how you would like the judge to rule that is usually submitted with motions.

QDRO. A “qualified domestic relations order.” It is directed to a plan administrator to divide retirement benefits between spouses.

Recrimination. A counterclaim accusing the plaintiff of marital fault served in response to an accusation to the defendant of marital fault.

Recusal. The disqualification of a judge because of judicial prejudice or bias.

Rehabilitative Alimony. Short-term spousal support designed to help the recipient transition to self-support.

Relocation. Moving the children out of the current area.

Restraining Order/Protective Order. A temporary court order prohibiting a party from conducting certain activities. Issued in response to a motion, it is often issued to protect marital assets and to protect against domestic violence.

Rules. The rules that govern court procedure.

Rules of Evidence. The rules that govern testimony, documents, and demonstrative materials.

Sanctions. The punishment of a party for improper behavior by the court within certain guidelines. This includes failing to respond to discovery requests.

Separate Property. Property that is not part of the marital estate, such as premarital property, inheritances, and gifts from third parties.

Service of Process. The legal process of giving notice to the other party that a complaint or motion is pending.

Stay. The act of suspending a court order or proceeding.

Stipulation. A written document indicating the agreement of the parties.

Strike/Motion to Strike. A move for the court to delete any pleadings or evidence that is improper.

Subpoena. A court order requiring a person to attend a legal proceeding, such as a trial or deposition. If documents are also requested, the subpoena is called a subpoena duces tecum, which is Latin for “bring with you.” See also "Discovery"

Summary Judgment. The entry of a judgment without a trial when only questions of law, and not fact, are at issue (rare in divorce cases).

Summons. A court’s official notice to the defendant requiring him to respond to an attached complaint.

Temporary Restraining Order. A TRO. A court order compelling a party to do something or prohibiting him from doing something.

Temporary Support. A court order to pay child support or spousal support while the case is pending.

Tenancy by the Entirety. The terms on which real estate is usually held by married couples. According to it, the surviving spouse becomes the sole owner of the real estate automatically upon the death of the other if they are still married at the time that the death occurs.

Testimony. Any statement made under oath.

Tort/Marital Tort. Any wrongful act that creates legal liability for the defendant. Some states allow spouses to bring tort actions in addition to divorce actions. Tort claims include assault and battery, fraud, and intentional infliction of mental distress.

Trial/Hearing. A legal proceeding before a judge, who hears testimony under the rules of evidence and makes a final decision relating to the matters presented.

Trustee. A third party who is appointed to carry out the court’s orders; for example, to sell the marital residence.

Venue. The location of the court that will hear your case.

Visitation, Grandparent. The visitation rights given to grandparents. The parents’ visitation schedule is given preference over the grandparents’ schedule unless it excludes them altogether.

Visitation. The time ordered by the court or agreed to by the parties that the noncustodial parent spends with the children.