Like any other profession, the legal profession has a specialized vocabulary. Many words and phrases routinely used by attorneys have little meaning outside the practice of law.
Divorce law is no exception. Much of the jargon used to refer to various legal aspects of divorce is commonplace to lawyers, but baffling to their clients. In some cases, the layperson will have a general idea about the meaning of a word or phrase, but remain unable to clearly define it.
This article will list several legal terms you’re likely to hear during your divorce proceeding. Some you’ll instantly recognize and be able to define. Others may be foreign to you. This guide is not meant to be exhaustive, but instead contains the most commonly-used phrases. If you come across confusing legalese while going through your divorce, refer to the following list for clarification.
Alimony:
Also known as spousal support or spousal maintenance, it is money paid by one spouse to the other. The length of time during which alimony is paid may be determined by the court or the divorced couple.
Custody:
This is the legal right of one or both parties to care for and raise the couple’s child (or children). There are different types of custody. Physical custody refers to the right to provide a residence for the child. Legal custody refers to the right to make decisions regarding how the child is raised. Both types may be vested in one parent or shared by both of them.
Community Property:
Property obtained by either party of a married couple during the course of their marriage. In community property states – there are nine in the U.S. – most property acquired during a marriage is considered to be owned by both partners regardless of who acquired it.
Discovery:
When a divorce case goes to court, both parties make claims regarding their respective financial situations. Discovery is the process by which both parties’ attorneys try to determine whether the opposing party’s claims are credible.
Divorce Petition:
This is a legal document that is filed with the court to dissolve a marriage. It starts the divorce process. Some states refer to the petition as a complaint.
Equitable Distribution Of Property:
This is the distribution of marital property and debt according to what is considered to be fair given the divorcing couple’s situation. The property and debt may or may not be split equally between the parties.
Hearing:
A hearing is any court session held in front of a judge to resolve disputes between the divorcing spouses. Testimony is heard, arguments are made, and proof is presented to support the arguments by the spouses or their attorneys.
Marital Property:
This refers to the assets and income acquired by the divorcing couple during the course of their marriage. What constitutes marital and separate property (see below) varies by state.
No-Fault Divorce:
A divorce in which the person seeking to dissolve the marriage is not required to present a reason for doing so. Neither party is considered to be at fault for the marriage’s failure.
QDRO
The acronym refers to a Qualified Domestic Relations Order. It is a legal document used to authorize the division of retirement benefits, such as a pension. Once it is filed, some or all of the account holder’s benefits are transferred into an account held by his or her spouse.
Separate Property:
This is property that is owned solely by one of the spouses. It is not considered marital property, and thus is exempt from division during a divorce.
Settlement Agreement:
This is a legal agreement that spells out how the couple’s property will be divided, how custody of their children will be vested, and whether one spouse must pay the other alimony (see above). The agreement is binding upon both parties. If changes are desired, both parties must file a new agreement with the court.
Summons:
When one spouse files a divorce petition with the court, the other spouse is served with a summons that notifies him or her of the divorce action. The person who is served has a specific number of days to respond. If he or she fails to do so, the petitioner can ask a judge to proceed with a default judgment that dissolves the marriage.
Uncontested Divorce:
This is a divorce in which both parties agree on every issue of their settlement agreement. Any disputes that were raised during the proceeding are resolved without going to court and asking a judge to intervene.
Divorce is already unpleasant since it is usually accompanied by hurt feelings and negative emotions. Ending your marriage is likely to be both physically and emotionally draining. Learn to understand the legal phrases used by your divorce attorney to make the process easier to endure.