Sign in Subscribe

Divorce Terms Explained (US)

Looking for UK divorce terms? See our [UK glossary]

Affidavit - Written statement sworn under oath, used as evidence in court.

Answer - Formal written response to divorce papers filed by the other spouse.

Complaint / Petition - Initial legal document filed to start divorce proceedings. Called a complaint in some states, petition in others.

Default judgment - Divorce granted when one spouse fails to respond to divorce papers within the required timeframe.

Deposition - Formal interview under oath where attorneys ask questions, recorded for use in court.

Discovery - Legal process where both parties exchange information and documents relevant to the case.

Divorce decree / Final judgment - Final court order legally ending the marriage and setting out all rights and obligations (property, support, custody).

Ex parte - Court action taken by one party without notifying the other, usually only in emergencies.

Injunction - Court order prohibiting or requiring specific actions (selling assets, contacting a spouse, removing children from state).

Interrogatories - Written questions one party sends the other during discovery, must be answered under oath.

Marital settlement agreement (MSA) - Agreement between spouses resolving all divorce issues, submitted to court for approval.

Motion - Formal request asking the court to make a specific ruling.

Notice of appearance - Formal document filed by an attorney stating they represent a party.

Request for admission - Written statements the other party must admit or deny during discovery.

Request for production - Discovery request for specific documents or evidence.

Restraining order - Court order prohibiting contact or certain behaviors, used in cases of abuse or harassment.

Service of process - Legal delivery of divorce papers to the other spouse.

Stipulation - Agreement between parties on specific issues, submitted to court for approval.

Subpoena - Court order requiring someone to testify or produce documents.

Summons - Official notice requiring response to divorce petition by specific deadline.

Temporary orders - Court orders addressing immediate issues (custody, support, housing) while divorce is pending.

Trial - Formal court proceeding where a judge decides unresolved issues if settlement cannot be reached.

Types of Divorce

Annulment - Legal declaration that a marriage never existed, different from divorce.

At-fault divorce - Divorce granted based on wrongdoing by one spouse (adultery, cruelty, abandonment).

Bifurcated divorce - Process that splits the divorce into two stages — ending marital status first, then resolving financial and custody issues later.

Collaborative divorce - Process where both spouses hire lawyers and work together to settle without going to court.

Contested divorce - Divorce where spouses disagree on one or more issues and require court intervention.

Dissolution - Legal term for divorce in some states.

Legal separation - Court-recognized living apart while still married, addresses custody and finances without ending the marriage.

No-fault divorce - Divorce granted without proving wrongdoing, usually citing irreconcilable differences.

Simplified / Summary dissolution - Streamlined divorce process for couples meeting specific criteria (short marriage, few assets, no children). Available in some states.

Uncontested divorce - Divorce where both spouses agree on all major issues.

Grounds & Reasons

Abandonment - Leaving the marriage or family home without intent to return, often used as grounds for divorce in some jurisdictions.

Adultery - Sexual relationship outside the marriage, sometimes used as grounds for divorce.

Grounds for divorce - Legal reasons required to file for divorce, varies by state.

Irreconcilable differences - Common no-fault grounds stating the marriage cannot be saved, used in most states.

Financial Support

Alimony / Spousal support - Financial support paid by one spouse to the other after divorce. Also called maintenance in some states.

Arrears - Overdue payments, usually referring to child support or alimony.

Child support - Court-ordered payments from one parent to the other for the child’s living expenses.

Deviation (child support) - When court orders support different from state guideline amount based on specific circumstances.

Guideline child support - State-calculated support amount based on statutory formula.

Imputed income - Income assigned by court to a spouse who is unemployed or underemployed, used to calculate support.

Income withholding order - Order requiring employer to deduct support payments directly from wages.

Lump sum alimony - One-time payment instead of ongoing monthly support.

Palimony - Financial support paid to former partner after ending non-marital relationship, not recognized in all states.

Pendente lite - Temporary orders that apply while the divorce case is ongoing.

Permanent alimony - Ongoing spousal support with no set end date, increasingly rare.

Rehabilitative alimony - Temporary support to help receiving spouse become self-supporting.

Temporary spousal support - Short-term support paid during divorce proceedings.

Wage garnishment - Court-ordered deduction of support payments directly from paycheck.

Property & Assets

Appreciation - Increase in value of an asset during marriage, which may be subject to division.

Asset tracing - Process of identifying ownership and origin of assets to determine if separate or marital property.

Assignment of debt - Court order specifying which spouse is responsible for which debts.

Commingling - Mixing separate and marital property, which can change its legal classification.

Community property - System where assets acquired during marriage are owned equally by both spouses (used in 9 US states).

Dissipation - Wasteful spending or hiding of marital assets by one spouse.

Equitable distribution - System where marital property is divided fairly (not necessarily equally) based on various factors.

Marital home - Primary residence owned during marriage, subject to division in divorce.

Marital property - Assets and debts acquired during marriage, subject to division in divorce.

Property settlement agreement (PSA) - Agreement outlining division of assets and debts, part of overall settlement.

QDRO (Qualified Domestic Relations Order) - Court order dividing retirement accounts without tax penalty.

Separate property - Assets owned before marriage or received as gift/inheritance, usually not divided in divorce.

Transmutation - Changing separate property into marital property or vice versa, usually requires clear documentation.

Custody & Children

Best interests of the child - Legal standard courts use to determine custody and parenting arrangements.

Co-parenting - Both parents actively participating in raising children after divorce.

Custody - Legal rights and responsibilities for a child’s care and upbringing.

Custody evaluation - Assessment by a professional (psychologist, social worker) to recommend custody arrangements to the court.

Emancipation - Legal point when child support obligations end, usually at 18 or when child becomes self-supporting. Varies significantly by state (18 in most states, 21 in New York).

Guardian ad litem (GAL) - Court-appointed person (often lawyer or social worker) who represents children’s best interests.

Joint custody - Both parents share decision-making responsibility for children. Can be legal, physical, or both.

Legal custody - Right to make major decisions about child’s welfare (education, healthcare, religion).

Nesting / Bird nesting - Custody arrangement where children stay in one home and parents rotate in and out.

Non-custodial parent - Parent who does not have primary physical custody but typically has parenting time.

Parental rights - Legal rights and responsibilities regarding a child’s upbringing, education, and welfare.

Parenting coordinator - Neutral third party appointed to help parents resolve ongoing disputes about child-related issues.

Parenting plan - Detailed written agreement outlining custody, visitation, and decision-making responsibilities.

Parenting time - Modern term for visitation — scheduled time a parent spends with their children.

Physical custody - Where the child physically lives, can be sole or shared.

Primary caregiver - Parent who has historically provided most of the child’s daily care.

Sole custody - One parent has exclusive legal and/or physical custody of children.

Supervised visitation - Court-ordered parenting time that occurs in presence of a third party for safety reasons.

Visitation - Time non-custodial parent spends with children. Increasingly replaced by “parenting time.”

People & Roles

Defendant / Respondent - Spouse who receives divorce papers and must respond. Terms vary by state.

Petitioner / Plaintiff - Spouse who files for divorce. Terms vary by state.

Dispute Resolution

Arbitration - Private process where an arbitrator makes binding decisions on divorce issues instead of a judge.

Mediation - Process where neutral third party helps spouses negotiate and reach agreement.

Settlement agreement - General term for agreement resolving divorce issues without trial.

Settlement conference - Meeting with lawyers and sometimes a judge to negotiate final divorce terms.

Case management conference - Meeting with a judge to discuss case progress and upcoming deadlines.

COBRA (Consolidated Omnibus Budget Reconciliation Act) - Federal law allowing continuation of health insurance coverage after divorce for a limited time.

Cohabitation - Living together as a couple without being married, may affect alimony obligations.

Common law marriage - Marriage recognized by law without formal ceremony, recognized in a limited number of states.

Contempt of court - Willful disobedience of a court order, punishable by fines or jail.

Domicile - Legal residence, determines which state’s divorce laws apply.

Financial affidavit - Sworn document listing income, expenses, assets, and debts.

Modification - Legal change to existing court orders (custody, support) based on changed circumstances.

Post-nuptial agreement - Contract made during marriage outlining asset division if divorce occurs.

Pre-nuptial agreement - Contract made before marriage outlining asset division if divorce occurs.

Retainer - Upfront payment to hire a lawyer, held in trust and billed against as work is done.

Separation agreement - Written contract between spouses outlining terms of separation or divorce.