Divorce Terminology
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Fortwayne Divorce Law understands how trying a divorce can become. We want to help you make the best choices, the right choices for you and the ones you love.
Through our online and in person services, we are committed to help you obtain the outcomes you want and need in order to move forward with your life plans and goals. Ideally, we would like to help you move through a peaceful and rational divorce process. Although this doesn’t always end up being the case, we will give you our very best so you can work towards a healthy, sustainable future.
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Equip Yourself with the Right Terminology
Any lawsuit or proceeding in a court of law.
A written statement signed under oath. Also referred to as a declaration.
A resolution of disputed issues in the form of verbal or written statements.
A verbal or written response to a complaint, petition, or motion.
Another summons, used when the original is not served on the defendant.
Dedicated financial payments intended to help support a spouse or former spouse during separation or following divorce. In conjunction with legal responsibilities upheld in the court of law. Also called spousal support or spousal maintenance.
Alternative methods of resolving conflict or legal disputes without going to trial, in a less adversarial manner, such as through arbitration or mediation.
Under limited circumstances, a marriage can be dissolved through a legal proceeding in which the marriage is declared void, as though it never happened.
A strategic legal action where one of the participating party members requests that a higher court review the decision.
Any amount of money deemed past due intended for child or spousal support.
Money provided by a non-custodial parent paid to the legal guardian or custodial parent for their child(ren)’s support. Funds specifically allocated towards housing, healthy nutrition, education, and living necessities.
Guidelines to calculate how much child support is due established by statute or rule in each jurisdiction. Amounts are generally based on the respective income of each parent and the needs of the children.
An agreement between two or more party members where one of the party members brings false charges against the other. Collusion is illegal under any jurisdiction.
The one who files the lawsuit—also called the petitioner or plaintiff.
When two partners who are free to marry agree to live together as a “married” couple without the formal ceremony—both parties must be in agreement and offer full consent.
A method of dividing shared marital property between spouses. Division is based on ownership prior to marriage or an equal and fair division of assets. Courts will generally only formally divide property bought or acquired by one or both spouses during the marriage. Asset ownership prior to marriage is inherently owned by the party who held the asset originally.
Also referred to as a “bill of complaint” or “petition”. This is the formal legal paper and proceeding that initiates a case.
A legal act of forgiveness towards one party member who has committed an act of wrongdoing that would constitute a ground for divorce. Condonation generally is carried out by working towards resolution through counseling or cohabiting with the spouse after learning of the falsehood. Condonation is often is used as a defense for divorce.
Failure to follow legal court ordered responsibilities. One party can request formal court recognition that the other party member is negligent in their responsibilities. If responsibilities are not met as required by law, the prevailing party can request to hold the negligent party in contempt or issue punishment, which can include monetary fines, jail time, or both.
A person who legally testifies on your behalf in the court of law. If you are requesting the court to grant you a divorce, you may have to call on a corroborative witness who can uphold your case on grounds for divorce.
Parent or legal guardian’s legal rights to a child or children. Custody is appointed in the court of law, which means that you have the legal right to make important decisions about your child’s welfare. Parents and legal guardians take full ownership and responsibility for the child’s basic needs, educational needs, and health and wellness needs.
The primary parent who has been legally appointed by the court of law to take full responsibility for the care and well-being of the child or children.
Legal custodial arrangements for whom a child will live with and how decisions will be made for and in the best interest of the child. Custody has two components: legal and physical. Legal custody is a parent’s right to make decisions about a child’s health, safety, and welfare. Physical custody is determined based on where the child resides on a regular basis. In general, the parent whom the child does not live with will be legally allowed to have regular visits with the child. Custodial arrangements should be made solely in the best interest, well-being, and stability of the child.
The formal court’s written order or final decision presiding over the divorce, often issued in conjunction with the court’s judgment or ruling.
Failing to answer a petition or complaint in regards to divorce or legal separation. Failing to file an answer or appear in a court hearing as required can result in the court awarding full requests by the filing spouse.
The person against whom legal papers are filed or claims made against. Also referred to as the respondent.
Part of the formal discovery process or exchanging of information during a legal proceeding. The attorney for the other party will present questions which will require your honest answer with your attorney present. A transcript of the proceedings is then prepared for the legal record.
The exchanging of information process during a legal proceeding, including serving and answering interrogatories and requests for production of documents, and taking depositions.
Another term used for divorce, or the legal termination of a legal marital arrangement.
The termination of a legal marital arrangement.
Physical abuse, mental abuse, or emotional abuse in any threatening notion towards a party. Domestic often refers to, but not limited to, members living under the same household.
A division of shared assets or property that is fair in considering all circumstances. Equitable does not necessarily mean equal in all cases.
Formally preparing and presenting the clerk of court your legal papers or documentation.
Action taken in divorce proceedings where one spouse claims that the other spouse’s marital misconduct caused the marriage to fail. The “innocent” spouse will have to prove to a court that the alleged misconduct occurred.
Marital misconduct giving one spouse a legal justification to sue for divorce, such as abuse, abandonment, or adultery.
Legal basis for a divorce. The law outlines out qualifying reasons to file for a divorce which have to be proven before the court can formally grant a divorce.
The state where a child or children of the marriage primarily reside with a parent. They must live in this state for at least six months before child custody, support, or visitation action is filed in court.
Legal IRS rules that protect one spouse from the other spouse’s tax fraud or other tax-related misconduct.
Legal grounds for no-fault divorce circumstances. Can also be referred to as “Irretrievable Breakdown”.
The sharing of legal custodial responsibilities for a child or children, by both parents, who are granted the legal right to make important decisions about a child’s welfare.
The sharing of custodial responsibilities for a child or children, by both parents, who share in the physical responsibilities and care of a child.
A court’s decision or ruling that will affect involved parties’ legal responsibilities.
The legal authority of the court of law to hear a case.
The right to make important decisions about the well-being and best interests of your child, particularly on issues such as health care, residential security, religious upbringing, education, etc.
A formal court order allowing legally married spouses to live separate and apart. By law, a legal separation is required for a designated amount of time before a formal divorce proceeding begins.
Also referred to as “spousal support” or “alimony”. Financial maintenance involves one spouse’s financial support payment to the other.
All property acquired during the marriage by one or both parties. Does not include property owned prior to a marriage.
Hears cases similarly to a judge, but reviews prior to a judge’s approval. A master’s decision is reviewed by a judge before becoming final.
A formal request to the court, usually in formal written documentation.
A form of alternative dispute resolution (ADR) for resolving conflicts or legal disputes without going to trial. Mediation involves the use of a trained and impartial third-party counselor or mediator who attempts to bring the parties together in mutual agreement and conflict resolution.
A parent who does not obtain physical custodial responsibilities for the child(ren).
Property owned by either spouse prior to a formal marriage, or acquired by a party individually, either by gift or inheritance, during the marriage.
The everyday custodial rights and responsibilities associated with having your child reside in your home and being responsible for his or her care and upbringing.
The person who initiates divorce or marriage dissolution proceedings. Also referred to as the plaintiff.
The person who initiates legal proceedings in the court of law. Also referred to as the “petitioner” in family law matters.
A formal and legally binding agreement established before entering into a marriage that designates and clarifies each party’s rights, responsibilities, and property ownership should the marriage terminate by death or divorce. Also called a “prenuptial agreement”.
A formal legal agreement entered into before marriage that designates and clarifies each party’s rights, responsibilities, and property ownership should the marriage terminate by death or divorce. Also called a “premarital agreement”.
Pronounced “kwah-dro,” which refers to a formal court order issued to divide retirement benefits.
The person who answers a formal petition in a legal proceeding, sometimes also referred to as the “defendant”.
A formal order issued by the court requiring the subject of the order to refrain from doing or accessing something. Restraining orders are often issued in conjunction with domestic violence or custody disputes.
A formal meeting, often ordered by the court, where the involved parties, their attorneys, and legal authorities attempt to settle the case before trial outside of court.
A form of shared legal custody 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. This custodial option is often proven unfavorable for the well-being of the involved children.
Legally required financial payments made to help support a spouse or former spouse during separation or following divorce. Also referred to as “alimony”.
A formal agreement entered into by the divorcing parties that settle any issues between them. Stipulations are often entered into the court’s final order or judgment and decree.
The period of time allotted to a noncustodial parent to spend with his or her child(ren).