Glossary

When one spouse leaves the marital home without consent, it is called abandonment, and is grounds for divorce in some states.

The parent who does not live with or have custodial rights to the child, but is still responsible for support for the child. Usually referred to as the non-custodial parent.

The legal term for what is commonly called a lawsuit

The official appointed instead of a judge to preside over a child in a divorce proceeding

Any form of testimony or evidence that is allowed into court

Sexual intercourse between a married spouse and a third party. In many states this is considered grounds for divorce.

A divorce in which spouses are unable to come to agreement

The opposition or the opposing party in a lawsuit. In a divorce, the litigant or adversary will most likely be your spouse.

A written statement of facts made voluntarily under oath, witnessed and signed by a notary public or another official authorized to administer oaths

New facts or legal defenses in response to the opposing spouse's pleading

A legally enforceable, verbal or written resolution of disputes

Court-ordered spousal support that is separate and apart from child support. It may be paid in one lump sum or in installments. It can be temporary or permanent.

A pretrial order for spousal support. Also known as Temporary Support.

Claims made by one party against another in a legal action (lawsuit); usually claims by spouse against another in a divorce

Dispute resolution methods, including mediation and arbitration, which enable couples to reach a divorce settlement without trial

A legal action or lawsuit resulting in a court's judgment that a marriage was never legally valid, or became invalid after the marriage

The formal response of a party to a divorce, separation, annulment or other petition in a legal action. The answer contains admission or denial of allegations made by or against the petitioner.

A legal procedure in which the losing party of a divorce action (or any lawsuit) requests that a higher court reviews the lower court's decision

A formal submission to the courts by the defendant, either in person or through an attorney, in response to a complaint or summons

The individual who brings an appeal

The court in which an appeal is heard

To divide and assign property according to a definite rule. The division is not necessarily equal, but is fair according to the respective interests of the parties involved.

The procedure for determining the fair market value of an asset for equitable distribution in divorce

A legally binding, but not judicial, procedure, involving a neutral third party making a judgment on a case

The amount of past-due, court-ordered child support owed by the non-custodial parent. If a spouse does not pay the full amount of court-ordered support, or does not make payments as ordered, the amounts not paid are arrearages. Interest and penalties charged on past-due amounts become part of the arrearage.

Cash, property, investments, and anything else of value to an individual or business are considered assets.

A person receiving Temporary Assistance to Needy Families (TANF or welfare benefits) and/or Medicaid must give up their rights to, or make an "assignment" of child support or medical arrearages owed to them, as well as current medical or child support payments, because they are receiving TANF.

A hold that is placed on an asset pending judgment on a debt

A court-ordered child support system in which non-custodial parents have the support amount deducted directly from their paycheck or other income subject to child support enforcement

A decision made by a court or to compensate a party in a legal action; awards can be, but are not always monetary