Divorce comes with its own language. From legal filings to court orders, the terminology can feel overwhelming when you are already dealing with one of life’s most stressful events. This divorce legal glossary defines over 100 terms you may encounter during the divorce process, organized alphabetically for quick reference. Bookmark this divorce legal glossary as a reference throughout your case.
A
Abandonment — When one spouse leaves the marital home without the other’s consent and without justification. In fault-based divorce states, abandonment can be grounds for divorce, typically requiring a separation of one year or more.
One of the most searched terms in any divorce legal glossary is alimony.
Alimony — Financial support paid by one spouse to the other after divorce. Also called spousal support or maintenance. Courts consider factors like marriage length, income disparity, and each spouse’s earning capacity. See our complete alimony guide for details.
Annulment — A legal declaration that a marriage was never valid. Unlike divorce, which ends a valid marriage, annulment treats the marriage as though it never existed. Grounds include fraud, bigamy, or incapacity.
Answer — The formal legal document filed by the responding spouse (respondent) after being served with a divorce petition. The answer addresses each claim made in the petition.
Arbitration — A private dispute resolution process where a neutral third party (arbitrator) makes binding decisions. Unlike mediation, the arbitrator’s decision is final and enforceable like a court order.
Asset — Anything of value owned by either or both spouses. Assets include real estate, bank accounts, retirement accounts, vehicles, investments, and personal property. Assets are classified as either marital or separate property during divorce.
B
Best Interest of the Child — The legal standard courts use when making custody decisions. Factors include the child’s age, each parent’s living situation, the child’s relationship with each parent, and the child’s adjustment to home, school, and community.
Bird Nesting — A custody arrangement where the children stay in the family home and the parents rotate in and out. This minimizes disruption for children but requires parents to maintain separate living spaces.
Bifurcation — A legal process that allows the court to grant the divorce (dissolve the marriage) while other issues like property division and custody are still being resolved.
C
Child Custody — The legal arrangement determining which parent makes decisions for the child (legal custody) and where the child lives (physical custody). Custody can be sole or joint. See our complete custody guide.
Child Support — Court-ordered payments from one parent to the other to cover the child’s living expenses. Each state uses its own formula. Use our child support estimator to calculate your estimate.
COBRA — The Consolidated Omnibus Budget Reconciliation Act. Allows a divorced spouse to continue the other spouse’s employer health insurance for up to 36 months, though the covered spouse pays the full premium.
Collaborative Divorce — A process where each spouse has their own attorney, but all parties commit to resolving disputes without going to court. If the process fails, both attorneys must withdraw.
Community Property — A system used in 9 states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin) where all assets and debts acquired during marriage are owned equally by both spouses, regardless of who earned or purchased them.
Complaint — The initial legal document filed to start a divorce, also called a petition in many states. It identifies the parties, states the grounds for divorce, and outlines what the filing spouse is requesting.
Contempt of Court — A finding that someone has willfully violated a court order. In divorce, contempt can apply to failure to pay support, refusal to follow custody orders, or hiding assets.
Contested Divorce — A divorce where the spouses disagree on one or more major issues such as property division, custody, or support, and need a judge to decide.
Custodial Parent — The parent who has primary physical custody of the child. The custodial parent is the one with whom the child lives most of the time.
D
Default Judgment — A divorce decree entered when the respondent fails to respond to the petition within the required timeframe. The court may grant the petitioner everything requested.
Defendant — The spouse who did not file for divorce. Also called the respondent in many states.
Deposition — A sworn, out-of-court testimony given by a party or witness as part of the discovery process. Depositions are recorded and can be used as evidence at trial.
Discovery — The formal legal process where each spouse requests information and documents from the other. Methods include interrogatories, requests for production, depositions, and subpoenas.
Dissolution — Another legal term for divorce. Some states, like Ohio and Oregon, officially use “dissolution of marriage” rather than “divorce.”
Domestic Violence — Physical, emotional, sexual, or financial abuse by one spouse against the other. Courts take domestic violence seriously in custody decisions and may issue protective orders.
E
Emancipation — When a minor child is legally declared an adult before age 18. Emancipation typically ends child support obligations.
Equitable Distribution — The system used by 41 states to divide marital property. Unlike community property, equitable distribution divides assets fairly but not necessarily equally, based on factors like marriage length and each spouse’s contributions.
Ex Parte — A court hearing or order issued at the request of one party without the other party being present. Often used for emergency protective orders or temporary custody orders when there is immediate danger.
F
Fault-Based Divorce — A divorce where one spouse claims the other caused the marriage to fail through specific misconduct such as adultery, cruelty, or abandonment. Most states now allow no-fault divorce as well.
Filing Fee — The court fee required to file a divorce petition. Fees range from about $70 in Wyoming to over $400 in California and Florida. Use our divorce cost calculator for your state’s fee.
Final Decree — The court order that officially ends the marriage. Also called a divorce decree or judgment of dissolution. It contains all final orders regarding property, custody, and support.
Financial Disclosure — A mandatory exchange of financial information between spouses during divorce. Both parties must disclose all assets, debts, income, and expenses under oath.
G
Guardian ad Litem (GAL) — An attorney or trained professional appointed by the court to represent the best interests of the child in custody disputes. The GAL investigates and makes recommendations to the judge.
Grounds for Divorce — The legal reason for seeking a divorce. No-fault grounds include irreconcilable differences or irretrievable breakdown. Fault grounds include adultery, cruelty, abandonment, and imprisonment.
H
Hearing — A court proceeding where a judge hears arguments and evidence on specific issues. Hearings can address temporary orders, motions, or discovery disputes before the final trial.
Hold Harmless — A clause in a divorce agreement where one spouse agrees to take responsibility for a specific debt and protect the other spouse from any liability related to it.
I
Imputed Income — Income that a court assigns to a parent who is voluntarily unemployed or underemployed. Used in child support calculations when a parent could be earning more but chooses not to.
Income Shares Model — The child support calculation method used by 37 states. Both parents’ incomes are combined to determine a base obligation, then split proportionally based on each parent’s share of the combined income.
Interrogatories — Written questions sent by one spouse to the other during discovery that must be answered under oath within a specified timeframe, usually 30 days.
Irreconcilable Differences — The most common no-fault ground for divorce. It means the marriage has broken down and cannot be repaired, without assigning blame to either spouse.
J
Joint Custody — A custody arrangement where both parents share decision-making authority (joint legal custody), physical time with the child (joint physical custody), or both.
Jurisdiction — The court’s authority to hear and decide a case. Divorce jurisdiction is typically based on residency. Most states require at least one spouse to have lived in the state for a minimum period, often 6 to 12 months.
L
Legal Custody — The right to make major decisions about a child’s life, including education, healthcare, and religious upbringing. Legal custody can be sole (one parent decides) or joint (both parents decide together).
Legal Separation — A court-recognized arrangement where spouses live apart and divide assets and responsibilities but remain legally married. Available in most but not all states.
Lump Sum Alimony — A single payment of spousal support rather than ongoing monthly payments. Often used when one spouse wants a clean break or when the paying spouse has significant assets but irregular income.
M
Marital Property — Assets and debts acquired during the marriage, regardless of which spouse’s name is on the title or account. Marital property is subject to division in divorce.
Mediation — A voluntary dispute resolution process where a neutral mediator helps both spouses negotiate agreements on custody, property, and support. The mediator does not make decisions but facilitates discussion.
Melson Formula — A child support calculation model used by Delaware, Hawaii, and Montana. Similar to income shares but deducts a self-support reserve from each parent’s income before calculating the obligation.
Modification — A legal change to an existing court order. Support and custody orders can be modified when there is a substantial change in circumstances, such as job loss, relocation, or a child’s changing needs.
Motion — A formal request asking the court to take specific action. Common divorce motions include motions for temporary support, motions to compel discovery, and motions to modify custody.
N
No-Fault Divorce — A divorce where neither spouse must prove the other did something wrong. All 50 states now allow no-fault divorce, though some still offer fault-based options as well.
Noncustodial Parent — The parent who does not have primary physical custody. The noncustodial parent typically has visitation rights and often pays child support to the custodial parent.
O
Order of Protection — A court order that prohibits one spouse from contacting, approaching, or harassing the other. Also called a restraining order or protective order. Can include provisions for temporary custody and housing.
P
Parenting Plan — A detailed document outlining how parents will share custody and make decisions after divorce. Includes the residential schedule, holiday arrangements, communication protocols, and decision-making authority.
Parenting Time — The scheduled time each parent spends with the child. Also called visitation or access. Parenting time is typically spelled out in detail in the custody order.
Pendente Lite — Latin for “pending litigation.” Refers to temporary court orders that remain in effect while the divorce is being processed. Pendente lite orders can cover support, custody, and use of the marital home.
Percentage of Income Model — A child support calculation method used by Texas, Wisconsin, Mississippi, North Dakota, and Nevada. Support is a fixed percentage of the paying parent’s income based on the number of children.
Petition — The initial document filed to begin the divorce process. Also called a complaint in some states. The petitioner (filing spouse) serves this document on the respondent.
Petitioner — The spouse who files for divorce. Also called the plaintiff in some states.
Physical Custody — Determines where the child lives on a day-to-day basis. Can be sole (child lives primarily with one parent) or joint (child splits time between both homes).
Prenuptial Agreement — A contract signed before marriage that specifies how assets, debts, and support will be handled in the event of divorce. Also called a prenup or premarital agreement.
Pro Se — Latin for “for oneself.” A person who represents themselves in court without an attorney. Filing for divorce pro se can save thousands in legal fees for straightforward, uncontested cases.
Q
QDRO (Qualified Domestic Relations Order) — A court order that divides a retirement account between divorcing spouses without triggering early withdrawal penalties or taxes. Required for 401(k) plans, pensions, and similar employer-sponsored accounts.
QMC (Qualified Medical Child Support Order) — A court order requiring a parent’s employer to provide health insurance coverage for the child through the parent’s employer-sponsored plan.
R
Rehabilitative Alimony — Temporary spousal support designed to help the receiving spouse become self-supporting through education, training, or work experience. Has a defined end date.
Respondent — The spouse who receives the divorce petition. Also called the defendant in some states. The respondent must file an answer within a specified timeframe.
Restraining Order — A court order that limits one party’s actions. In divorce, restraining orders can prevent a spouse from selling assets, removing children from the state, or contacting the other spouse.
Right of First Refusal — A custody provision requiring a parent to offer the other parent the opportunity to care for the child before using a babysitter or third-party caregiver.
S
Separate Property — Assets owned by one spouse before the marriage, or received individually during the marriage through inheritance or gift. Separate property is generally not subject to division in divorce.
Service of Process — The legal delivery of divorce papers to the respondent. Methods include personal service by a process server, certified mail, or in some cases, publication in a newspaper.
Settlement Agreement — A written contract between divorcing spouses that resolves all issues including property division, custody, and support. Once approved by the court, it becomes part of the final decree.
Sole Custody — A custody arrangement where one parent has exclusive decision-making authority (sole legal custody) or is the primary residential parent (sole physical custody).
Spousal Support — See Alimony. The terms are used interchangeably in most states.
Status Conference — A court hearing where the judge checks on the progress of the case, sets deadlines, and addresses procedural issues. No evidence is presented at a status conference.
Stipulation — A formal agreement between the parties on a specific issue. Stipulations are submitted to the court and, once approved, become binding orders.
Subpoena — A legal document requiring a person to appear in court or produce documents. In divorce, subpoenas are commonly used to obtain financial records from banks, employers, or other institutions.
Summons — An official notice informing the respondent that a divorce petition has been filed and specifying the deadline to file an answer.
T
Temporary Orders — Court orders that establish rules during the divorce process. They can address temporary custody, support, use of the marital home, and restrictions on asset disposal. They remain in effect until the final decree.
Trial — A formal court proceeding where a judge hears evidence, testimony, and arguments from both sides and makes final decisions on all contested issues.
U
UIFSA (Uniform Interstate Family Support Act) — A federal law that determines which state has jurisdiction over child support orders when parents live in different states. Prevents conflicting orders from multiple states.
Uncontested Divorce — A divorce where both spouses agree on all major issues including property division, custody, and support. Uncontested divorces are faster, cheaper, and do not require a trial.
V
Venue — The specific court location where a divorce case is filed. Typically the county where either spouse resides.
Visitation — The scheduled time a noncustodial parent spends with their child. Also called parenting time or access. Visitation schedules are detailed in the custody order and can include weekday, weekend, holiday, and vacation time.
W
Wage Garnishment — A court-ordered deduction from a parent’s paycheck to enforce child support payments. Most child support orders include an income withholding order as the default payment method.
Waiting Period — The mandatory time between filing for divorce and when the court can finalize it. Waiting periods range from none in some states to 12 months in others. Use our divorce cost calculator to see your state’s waiting period.
Using This Divorce Legal Glossary
We update this divorce legal glossary regularly to reflect changes in family law across all 50 states. If you come across a term not listed here, let us know and we will add it. Use our free tools below to get personalized guidance for your divorce:
Official Sources
For verified legal information referenced in this divorce legal glossary:
- State Courts: usa.gov/state-courts
- ABA Family Law: americanbar.org
- Legal Aid: lsc.gov
- Child Support Enforcement: acf.hhs.gov/css