FAMILY LAW FAQ
Divorce Glossary

Alimony. Financial payments made to help support a spouse or
former spouse during separation or following divorce. Also called
spousal support or spousal maintenance.

Alternative dispute resolution (ADR). Methods of resolving legal
disputes without going to trial, in a less adversarial manner, such as
through arbitration or mediation.

Arrearage. The amount of money such as for child or spousal support
that is past due.

Child support. Money that a non-custodial parent pays to the
custodial parent on behalf of their child(ren), for their support.

Child support guidelines. Guidelines established by statute or rule in
each jurisdiction that set forth the manner in which child support
must be calculated, generally based on the income of the parents and
the needs of the children.

Custody. Having rights to your child. Custody can be either legal,
which means that you have the right to make important decisions
about your child's welfare, or physical, which means that the child
lives with and is raised by you.

Decree. The court's written order or decision finalizing the divorce,
often issued in conjunction with the court's judgment.

Default. Failing to answer a petition or complaint for divorce. Failing
to file an answer or appear in court as required can result in the court
awarding to the spouse who filed for divorce everything requested in
his or her divorce papers.

Defendant. The person against whom legal papers are filed, also
sometimes referred to as the respondent.

Deposition. Part of the discovery or information-exchanging process
of a legal proceeding in which the attorney for the other party asks
you questions, you answer with your attorney present, and a
transcript of the proceedings is prepared.

Discovery. The information-exchanging process of a legal
proceeding, including serving and answering interrogatories and
requests for production of documents, and depositions.

Dissolution. Another word for divorce, which is the legal termination
of a marriage relationship.

Divorce. The legal termination of a marriage relationship.

Domestic violence. Physical abuse or threats of abuse occurring
between members of the same household.

Equitable distribution. A division of property that is fair in view of all
of the circumstances. Equitable does not necessarily mean equal.

Interrogatories. Written questions served by the opposing party
that must be answered in writing as part of the discovery process.

Joint legal custody. The sharing of the right to make important
decisions about a child's welfare by both parents.

Joint physical custody. The sharing of the actual physical care and
custody of a child by both parents.

Legal custody. The right to make important decisions about the
raising of your child, such as regarding health care, religious
upbringing, education, etc.

Marital property. Generally, all property acquired during the
marriage.

Mediation. A form of alternative dispute resolution (ADR) for resolving
legal disputes without going to trial, by the use of a trained and
impartial third party who attempts to bring the parties together in
mutual agreement.

Non-custodial parent. The parent who does not have physical
custody of the child(ren).

Non-marital property. Generally, property owned by either spouse
prior to marriage or acquired by them individually, such as by gift or
inheritance, during the marriage.

Physical custody. The day-to-day rights and responsibilities
associated with having your child in your home and being responsible
for his or her care and upbringing.

Petitioner. Often, the person who initiates divorce or marriage
dissolution proceedings, also called the plaintiff.

Plaintiff. The person who initiates legal proceedings, often called the
petitioner in family law matters.

Premarital agreement. An agreement entered into before marriage
that sets forth each party's rights and responsibilities should the
marriage terminate by death or divorce. Also called a prenuptial
agreement.

Prenuptial agreement. An agreement entered into before marriage
that sets forth each party's rights and responsibilities should the
marriage terminate by death or divorce. Also called a premarital
agreement.

Qualified Domestic Relations Order (QDRO). Pronounced "kwah-
dro," an order issued by the court to divide retirement benefits.

Respondent. The person who answers a petition in a legal
proceeding, sometimes also referred to as the defendant.

Restraining order. An order issued by the court to refrain from doing
something, often issued in conjunction with domestic violence or
custody disputes.

Settlement conference. A meeting at which the parties and their
lawyers attempt to settle the case before trial, often ordered by the
court.

Split custody. A form of custody generally not looked upon favorably
in which some or one of the parties' children is/are in the custody of
one parent and the remaining child(ren) is/are in the custody of the
other parent.

Spousal support or maintenance. Financial payments made to help
support a spouse or former spouse during separation or following
divorce. Also called alimony.

Stipulation. An agreement entered into by the divorcing spouses that
settles issues between them and is often entered into the court's final
order or judgment and decree.

Visitation. The time that a noncustodial parent spends with his or
her child(ren).

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