GLOSSARY OF DIVORCE TERMS

Please let us know if we goof any of the below, and share with us the other terms you've unfortunately had to learn in your experience.

Abandonment - In family law, desertion or abandonment refers to intentional and substantial abandonment, permanently or for a period of time stated by law, without legal excuse and without consent, of one's duties arising out of a status such as that of husband and wife or parent and child. It can involve desertion of a spouse with the intention of creating a permanent separation. Desertion of one spouse by the other without just cause is called malicious abandonment, (as lousy as you can get in our book!)
Absolute divorce – a termination of the marriage bond that was created by your wedding ceremony and marriage certificate.
Adultery - Adultery is the voluntary sexual intercourse between a married person and another person who is not his or her spouse.
Allegations – Something that is alleged. In a divorce case, it will be Plaintiff v. the Defendant or a Defendant against a Plaintiff
Caption – The top portion of a legal document which contains the state and county, the name of the Court and the Court’s file number, the names of the Plaintiff and the defendant, and the name of the document.
Clerk of Courts – A court officer who is entitled in some counties to enter a Divorce Judgment without the involvement of a Judge

Cohabitation - is when people live together in an emotionally- and/or physically- intimate relationship.

Contempt of Court - is something to be avoided by all parties. You are in contempt when you do not follow the rules set forth in any signed agreement. These are binding contracts and you can't proceed with a "whatever" attitude. When you break the rules - the rules that the court/judge has placed on you, you can get into serious trouble.

Custody – There are two types of custody: legal custody and physical custody. Typically, the mother and father have joint legal custody, and the mother has full physical custody.
Divorce Complaint – accompanies a Civil Summons and contains more detail about the grounds for divorce. It outlines the facts and the reason that the divorce is being sought. The most common statement is that the marriage is irreparably broken or irreconcilable differences. Many times, this is what it will boil down to in the final decree, despite the lousy actions of LousySpouse. Go figure.

Discovery - laying all your cards on the table, generally referring to the accounting of assets and liabilities.
Execution – In the case of a legal document, it refers to the signing of the document, sometimes in the presence of a Notary Public.

Hearing – A Court meeting with the Judge and the attorneys for the parties for the purpose of resolving a case.

Lousy – As a noun for our purposes, this refers to someone who is particularly mean, selfish, spiteful, arrogant, irresponsible, etc. example: “Lousy walked out on his family after his spouse discovered his infidelity.” It can also be an adjective to describe the actions, example: “That is really lousy that you won’t pay child support.” 

Notary Public – A Notary Public verifies the identity of persons signing official documents. The Notary Public usually requires photo identification and will observe each person signing the document. The Notary then signs the document as well and it becomes 'notarized'.

Plaintiff – The person who initiates a Court action by filing a Complaint against a Defendant with the Court.

Post Divorce Decree - Basically when you have to re-open the can of worms...

Process Server - is a court appointed courier of civil documents. A process server will hand deliver a document that may state that you are being sued for divorce. A process server may go to a home or place of business. If you anticipate being served, then your spouse should know where you live - otherwise, your whole office will know about your divorce. A process server is only a messenger, do not attack them physically.

Pro Bono attorney – if income is below a certain number, you can use an attorney from the state. Lawyers in the US are recommended under American Bar Association (ABA) ethical rules to contribute at least fifty hours of pro bono service per year. This is a great option for a stay at home parent with little or no income.
Serve – To deliver a legal document to the Plaintiff or Defendant in a Court action. The Court has specific rules as to how and when documents must be served.

Settlement - the court filed contract between you and your spouse that lists the terms of your divorce including child custody terms, division of assets, alimony or child support amounts, etc.

Visitation - the term for the right of a non-custodial parent to visit with their children. The terms and schedule are usually one of the first settlement agreements you and spouse will sign.