Glossary of Terms

Child Support

A method of compensating a parent needing monies for raising and sheltering a child by another who has the means to manage the expenses associated with child support. A court of law usually determines the payments, based on the income level of the other parent. Stiff fines and even jail time can be imposed for a parent failing to keep up payment. The courts take a dim view for scofflaws.

Collaborative Divorce

An attempt to settle a divorce through collaboration of the parties and their attorneys (who practice collaborative law). Additional experts may be used to provide expert opinions as to common disputes regarding division of property and rights. If the parties cannot agree and one party files for a court trial, both parties must hire new attorneys to take the case to trial. This method provides incentive for the parties to reach an agreement and settle given the financial costs involved in ultimately going to court.

Contested (Divorce)

To contest divorce means a couple cannot come to an agreement about things like real property, child custody, or a division of assets. When a person contests a divorce, separate attorneys are typically hired to represent both individuals in an attempt to negotiate settlement terms.

Custody

The term applied to the support and control of a child that is determined by the court when the parents of the child are divorced or separated. 

Divorce

The legal separation of man and wife, effected, for cause, by the judgment of a court, and either totally dissolving the marriage relation, or suspending its effects so far as concerns the cohabitation of the parties. Atherton v. Atherton, 181 U. S.155, 21 Sup. Ct. 544, 45 L. Ed. 791; Miller v. Miller, 33 Cal. 355; Cast v. Cast, 1 Utah, 112.The dissolution is termed “divorce from the bond of matrimony,” or, in the Latin form of the expression, “a vinculo matrimonii” the suspension, “divorce from bed audboard,” “o mensa ct thoro.” The former divorce puts an end to the marriage; the latter leaves it in full force. 2 Bish. Mar. & Div.

Domestic Violence

Domestic Violence occurs when a family member uses violent and abusive behaviour to control another family member or members. It can include physical, verbal, emotional or sexual abuse.

Family Law

Family law is a legal practice area that focuses on issues involving family relationships, such as adoption, divorce, and child custody, among others.

Hybrid Divorce State

A state, such as New Jersey, in which you have the choice of requesting a no-fault or fault divorce.

Litigation

A judicial controversy. A contest in a court of justice, for the purpose of enforcing a right.

Marital Property

The property that is accumulated by the spouses during the marriage, also referred to as community property in some states. State law governs what is to be included within marital property and may include exclusions, such as inheritance.

Mediation

Intervention; interposition ; the act of a third person who interferes between two contending parties with a view to reconcile them or persuade them to adjust or settle their dispute. In international law and diplomacy, the word denotes the friendly interference of a state in the controversies of others, for the purpose, by its influence and by adjusting their difficulties, of keeping the peace in the family of nations.

No Fault Divorce

The term given to a divorce that does not need to find out if any misconduct has occurred.

Prenuptial (Premarital) Agreement

A legally binding agreement that is made between a couple before marriage with provisions for property disposal should they separate or divorce.

Post Nuptial Agreement

An agreement formed between a married couple, generally to provide specification regarding the division of assets in case the couple get separated or divorced.

Spousal Support

The allowance made to a wife out of her husband’s estate for her support, either during a matrimonial suit, or at its termination, when she proves herself entitled to a separate maintenance, and the fact of a marriage is established. Alimony is an allowance out of the husband’s estate, made for the support of the wife when living separate from him. It is either temporary or permanent. Code Ga. 1SS2,

Uncontested Divorce

Couples that agree with the marriage ending, and have no property, debt, child support, child custody or alimony to discuss seek uncontested divorces. An uncontested divorce does not require an attorney. State laws differ about the process of uncontested divorces, but the basics are very similar across the country.