Glossary

A written statement of facts that are made under oath and that must be witnessed and signed by a notary or other official authorized to administer oaths.

A legal procedure used to declare a marriage null and void.

The formal response for a divorce, separation, or annulment petition. The response or answer contains the admission or denial of the allegations made by the Petitioner or against the Petitioner.

Amount of support determined by the court or administrative process that was due and has not been paid.

Refers to the rights and obligations between parents regarding their children after a divorce, legal separation, or paternity decree.

The money a parent pays to another parent to help pay for the needs of the child.

A series of mathematical formulas that help derive the proper amount of child support that should be awarded.

A court form devised to calculate the child support guidelines.

An arrangement where two unmarried people, who are typically romantically involved, live together.

A legal process, in which divorcing or separating couples work with their lawyers and other family professionals to work out an agreement without going to court.

When misconduct of a spouse is no longer grounds of divorce due to the act of forgiveness.

Any deliberate failure to comply with the legal process, including the disruption of the court.

A statement of the reasons for the breakdown of the marriage issued by the Respondent. It will be different than that of the Petitioner.

The parent a child normally lives with, and the one who makes legal decisions concerning the child.

Refers to the rights and obligations between parents regarding their children after a divorce, legal separation, or paternity decree.

A professional used to help a judge reach a decision. Experts can include appraisers, counselors, evaluators, and accountants.

A process to enforce an existing order for visitation/parenting time with a child.

A support enforcement technique, in which the support payment is automatically deducted from the supporter’s paycheck and delivered to the recipient parent.

An adult, usually appointed by the court, who represents the non-legal interest of a minor child in a divorce. He or she is a trained social worker, attorney, counselor, or other professional.

A proceeding taking place before a court where testimony is given and arguments are heard.

A court order preventing someone from doing a particular act that is likely to cause physical or mental injury or property loss of another individual.

A group of questions served upon the opposing party to gain knowledge pertaining to the issues in the matrimonial proceedings.

The authority of one parent or both parents to make legal decisions regarding the health, education, and welfare of the child. It may be sole, primary, or joint custody.

Notice regarding a preliminary, temporary, or other hearing that may involve child custody, support, or maintenance/alimony.

A court’s specific ruling on a disputed issue.

A list of dates stating times each parent may see each child.

The title given to the first document filed in pursuit of a divorce.

Person initiating a lawsuit in family law cases. Also known as a “plaintiff.”

Refers to the amount of time each parent is permitted to be in the physical vicinity of their child. This may be sole, primary, or joint custody.

A contract entered prior to marriage that establishes the property and financial rights of each spouse in the event of divorce.

When a spouse represents themselves in court without an attorney.

Person appointed to serve summons, subpoenas, or other process on a party.

An order used by the court to protect against a situation involving alleged domestic violence, harassment, stalking, or sexual assault.

A special court order used in divorce or legal separation to split a retirement or pension plan by recognizing joint marital ownership interests in the plan.

Charge made by an accused person against the accuser. In some jurisdictions, a defendant may recriminate, in order to rely on the plaintiff’s misconduct as the defendant’s grounds for divorce.

Part of the Discovery process. One attorney asks that the other side produce financial documents he or she feels are necessary for the case.

The state requirement that you live in a certain jurisdiction before filing for divorce there. Will vary by state.

Also known as “defendant.” The party who is sued and must respond to a filed petition.

A provision placed in child custody agreements requiring one parent to offer the other parent the opportunity to look after their children before contacting a babysitter or other family member to take care of them.

A document delivered to a person who is not directly involved in the action filed but is needed for testimony.

A written notification to the Respondent that an action has been filed against him or her.

Order of the court that only applies while the divorce is pending. They are generally terminated when the divorce is finalized.

A former court hearing to decide the disputed issues filed in the complaint or summons.

The right of a parent who does not have physical custody to see his or her child.

A court order authorizing the seizure of an asset of a non-custodial parent who owes past-due child support. The order usually authorizes the seizure of assets up to the total amount of past-due child support owed under the judgment. It also is known as a levy.