Glossary of Divorce Terms

AFFIDAVIT
A written declaration made under oath and filed in writing with a court officer.

ALIMONY
See maintenance.

ANTENUPTIAL AGREEMENT
A contract written and signed before marriage by an engaged couple to indicate the future support arrangements and disposition of property in case of divorce or death following the marriage.

APPEAL
A request for new consideration of a lawsuit or court case to a higher court. May reverse or amend prior ruling.

APPELLATE JUDGE
The judge or one of the judges who hear and rule on an appeal from a trial judge's decision in a case.

ARBITRATION
A process for resolving a dispute using a third party selected by the two opposing sides, who agree to abide by the decision.

ASSETS
Tangible possessions, like cash, investments, property, and personal belongings, as well as intangibles, such as accounts receivable and goodwill.

COMMINGLING
The mixing together of marital and non-marital funds. Or the intentional merging of the funds of two spouses.

COMMON LAW
The body of law originating in England and developed through court decisions in the United States, as opposed to more formal laws dictated by statute.

COMMON LAW MARRIAGE
A marriage where no license or ceremony was involved, only cohabitation.

COMMUNITY PROPERTY
The property that is aquired by a couple while married.

COMPLAINT
See petition. A legal document filed with a court requesting court action.

COUNSEL; CO-COUNSEL
The attorney representing a party in a court action or case. Co-counsel is a second lawyer assisting with the case.

CUSTODY
The right to maintain guardianship of a minor specifically as awarded by a court or as agreed to by the parents or guardians.

CROSS-EXAMINATION
The questioning of a witness in a trial or hearing by the lawyer representing the opposing side; usually follows direct examination by the lawyer who first called the witness to testify.

DEPOSITION
A declaration of facts while under oath as part of the discovery process which precedes a scheduled trial.

DIRECT EXAMINATION
The questioning of a witness in a trial or hearing by the lawyer who called the witness to testify.

DISCOVERY
The court-sanctioned process of gathering facts before a trial to allow the lawyers, experts, clients and witnesses on both sides to prepare their cases.

DIVORCE DECREE
The court order which grants a divorce in some states this is called a "decree of dissolution."

EARNED INCOME
Income derived from a paid activity, either mental or physical, as opposed to passive income that accumulates through investments.

EQUITABLE DISTRIBUTION
The "equitable" or fair division of marital assets by a court.

EXHIBIT
Correspondence, documentation, financial records, and other written information, as well as videotapes, audio tapes, charts, photographs, computer media, or any other materials that a lawyer formally presents to a court in support of a case.

EXPERT
A person of recognized knowledge and expertise who can comment with authority on an issue in a trial and who often is asked to give an opinion with regard to the specific facts in the trial to help the court reach a decision.

FAULT
The cause for the breakup of a marriage and subsequent divorce, indicating blame, as opposed to no-fault divorce.

GIFT
Money or property or asset given to an individual during a marriage by a relative, spouse, or third party that is considered the sole property of that individual.

GOOD WILL
The monetary value attached to a business or professional practice in excess of hard assets; this value represents intangibles, such as reputation and the development of return business.

INHERITANCE
Money or property acquired by a spouse during a marriage through a bequest in a will that is considered the sole property of that individual.

JOINT CUSTODY
The sharing of child-rearing responsibilities by divorced spouses; it might be joint legal custody which is shared decision making, or joint physical custody, which is an equal sharing of the child's time spent in the two parents' homes.

LITIGATION
A lawsuit; also the process of formally presenting arguments by the opposing sides in a case before a judge, jury, or other court officer.

MAINTENANCE
A more modern term for alimony, taking several forms: (1) long term periodic payments by one ex-spouse to the other to meet expenses while maintaining the life-style of the previous marriage; (2) a lump sum of money or assets paid at the time of divorce, usually occurring in cases of wealthier couples; and (3) short term periodic payments, called "rehabilitative" maintenance, to support the divorced spouse during a period of further education and job training.

MARITAL ASSETS
Money and property earned or aquired during the marriage by either spouse.

MEDIATION
The process by which an objective third party tries to help opposing parties in an argument, lawsuit or divorce, decide how to resolve their differences.

MOTION
A formal request for a ruling from a court, usually asking that a particular action takes place.

NEGOTIATION
The act of trying to reach a resolution to an argument, lawsuit or divorce through discussion between the two sides.

NO-FAULT DIVORCE
A form of divorce now available in all states in which neither party is blamed or found guilty of ending or causing the end of the marriage.

PASSIVE INCOME
Income earned through investments already in place. For example: the interest on savings or the dividends on stock.

PETITION
A legal document filed with a court requesting court action; also called a "complaint".

PLEADING
A legal written document filed with a court with facts and/or arguments supporting a request for court action.

POSTNUPTIAL AGREEMENT
A written contract signed during a marriage by a couple that indicates the future disposition of property in case of divorce or the death of either spouse.

PRECEDENT
A previous court ruling that serves as an example for resolving similar arguments or cases.

PREMARITAL ASSETS
Money and property owned by either spouse before a marriage and maintained separately from the marital assets.

PRENUPTIAL AGREEMENT
See antenuptial agreement.

REHABILITATION
The education or training of a spouse after divorce to enable that person to find employment and become self-supporting.

RETAINER
The payment that a client gives to a lawyer when the lawyer agrees to take on the client's case.

RETAINER AGREEMENT
The written contract between the client and the lawyer indicating the terms of a retainer, such as whether future work and expenses will be billed against that advance payment or seperately.

SEPARATE PROPERTY
Assets owned by either spouse before the marriage or acquired by gift or inheritance that are considered differently from items acquired during the marriage.

SETTLEMENT AGREEMENT
An understanding approved by a court setting forth the terms of a divorce,

SOLE CUSTODY
The assignment of child-rearing responsibilities, both physical and legal, to only one spouse.

SPOUSAL SUPPORT
See Maintenance.

TESTIMONY
Statements of fact and opinions offered by an individual while under oath during a legal proceeding.

TRACING
The tracking of assets from the present back to their original source.

TRANSCRIPT
The written recording of words spoken by all the parties in a case including the lawyers, witnesses, and the judge.

TRIAL
The legal proceeding before a judge and sometimes a jury which allows the two sides of a case to argue their respective views and to offer supporting witnesses and evidence before a final ruling is made by the court.

VALUATION
The assignment of a monetary worth to a particular asset, usually by an expert who is knowledgeable about that type of asset.

WITNESS
A person who testifies under oath in a legal proceeding.