Divorce & Family Law Glossary - 100+ Terms Explained

Family law is filled with specialized terminology that can be confusing and intimidating. This glossary defines more than 100 terms you may encounter during divorce, custody, child support, and alimony proceedings. Use this as a reference throughout your case.

A

Abandonment

When a spouse leaves the marital home without justification and without the other spouse's consent for a continuous period (varies by state). Abandonment can be grounds for fault-based divorce and may affect custody and property division.

Affidavit

A written statement of facts made under oath. In divorce cases, financial affidavits are commonly required to disclose income, assets, debts, and expenses.

Alimony (Spousal Support/Maintenance)

Financial payments from one spouse to the other after divorce, intended to address economic inequality. Types include temporary, rehabilitative, durational, permanent, and reimbursement alimony. Calculate alimony.

Alternative Dispute Resolution (ADR)

Methods of resolving disputes outside of court, including mediation, arbitration, and collaborative law. ADR is often faster, less expensive, and less adversarial than litigation.

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, incapacity, and underage marriage.

Arrears

Past-due child support or alimony payments. Arrears accrue when a payor falls behind on court-ordered payments and generally cannot be retroactively reduced. Learn about arrears.

Attorney for the Child (AFC)

An attorney appointed to represent a child's interests in custody proceedings (used in New York). The AFC advocates for the child's expressed wishes rather than what the attorney believes is best.

B

Best Interests of the Child

The legal standard used by all states to make custody decisions. Courts consider factors such as the child's relationship with each parent, each parent's fitness, the child's needs, and the stability of each home.

Bird's Nest Custody

A custody arrangement where the child stays in one home while the parents rotate in and out. Minimizes disruption for the child but requires three residences.

Business Valuation

The process of determining the fair market value of a business for property division purposes. Common methods include the income approach, market approach, and asset approach.

C

Child Support

Court-ordered financial payments from one parent to the other to help cover the costs of raising a child. Calculated using state-specific formulas based on income, custody time, and the child's needs. Calculate child support.

COBRA

Consolidated Omnibus Budget Reconciliation Act. Allows a spouse who was covered under the other spouse's employer health insurance to continue coverage for up to 36 months after divorce, though at full cost (plus a 2% administrative fee).

Collaborative Divorce

A process where both spouses and their attorneys agree to negotiate a settlement without going to court. If either party decides to litigate, both attorneys must withdraw and the parties must hire new counsel.

Commingling

Mixing separate property with marital property so that it can no longer be traced. For example, depositing an inheritance into a joint bank account may convert it from separate to marital property.

Community Property

A property division system used in 9 states where most assets acquired during the marriage are owned equally by both spouses and typically divided 50/50. Learn about community property states.

Conservatorship

The term used in Texas (instead of "custody") to describe parental rights and duties. Includes Joint Managing Conservatorship, Sole Managing Conservatorship, and Possessory Conservatorship.

Contempt of Court

The willful failure to comply with a court order. A parent who violates a custody or support order can be held in contempt, with consequences including fines, makeup time, and jail.

Coverture Fraction

A formula used to determine the marital portion of a retirement benefit or stock option. Calculated as the months of marriage during the benefit accrual period divided by the total accrual period.

Custodial Parent

The parent with whom the child primarily resides. In joint physical custody arrangements, both parents may be considered custodial parents.

D

Default Judgment

A judgment entered when one party fails to respond to the divorce petition within the required timeframe. The court may grant the requesting party's terms without the other party's input.

Deposition

Sworn out-of-court testimony given by a witness or party, recorded by a court reporter. Used during the discovery phase to gather information and preserve testimony for trial.

Discovery

The legal process of exchanging information between parties in a lawsuit. Methods include interrogatories (written questions), requests for production (documents), depositions (sworn testimony), and requests for admission.

Dissipation

The intentional waste or destruction of marital assets by one spouse, often in anticipation of divorce. Examples include excessive spending, gambling losses, and transferring assets to third parties. Courts can award the innocent spouse a larger share of remaining assets.

Domestic Violence Restraining Order (DVRO)

A court order that protects a person from abuse by a spouse, former spouse, cohabitant, or dating partner. May include provisions for temporary custody, child support, and exclusive use of the family home.

Durational Alimony

Alimony paid for a specific period of time, often tied to the length of the marriage (e.g., one-third to one-half the duration of the marriage).

E

Emancipation

The legal process by which a minor becomes legally independent from their parents, ending the parents' custody and support obligations. Occurs by reaching the age of majority, marriage, military enlistment, or court order.

Equitable Distribution

A property division system used in 41 states where marital property is divided "fairly" (but not necessarily equally) based on statutory factors. Learn about equitable distribution.

Established Custodial Environment

A Michigan legal concept describing a situation where a child naturally looks to a parent for guidance, discipline, and comfort. When an established custodial environment exists, changing it requires proof by clear and convincing evidence.

Ex Parte Order

A temporary court order issued based on one party's request without the other party being present. Common in emergency custody situations. Must be followed by a hearing where both parties can be heard.

F

Fault-Based Divorce

A divorce where one spouse must prove that the other spouse's misconduct (adultery, cruelty, abandonment, etc.) caused the marriage to fail. Most states now offer no-fault divorce as an alternative.

Forensic Accountant

A financial investigator who traces assets, identifies discrepancies, and uncovers hidden or undervalued assets in divorce cases. Often necessary in high net worth cases.

Friend of the Court (FOC)

A Michigan court agency that investigates custody disputes, makes recommendations, mediates disagreements, and enforces custody and support orders.

Friendly Parent Doctrine

A principle applied in many states that favors the parent who is most willing to support the child's relationship with the other parent. Courts consider which parent is more likely to facilitate contact and cooperation.

G

Guardian Ad Litem (GAL)

An attorney or trained advocate appointed by the court to investigate and represent the child's best interests in custody proceedings. The GAL conducts interviews, home visits, and issues recommendations to the court.

Geographic Restriction

A custody order provision that limits where the child's primary residence can be located, typically to a specific county and contiguous counties. Common in Texas custody orders.

I

Imputed Income

Income attributed to a parent who is voluntarily unemployed or underemployed. Courts may calculate child support based on what the parent could earn rather than what they actually earn.

Income Shares Model

The most common child support calculation method, used in 41 states. Estimates the amount both parents would have spent on the child in an intact household and divides that amount based on each parent's share of total income. Income shares calculator.

Income Withholding Order

A court order directing an employer to deduct child support or alimony from the employee's paycheck and send it directly to the recipient or state disbursement unit. The primary enforcement mechanism for support orders.

Interrogatories

Written questions sent from one party to the other during discovery that must be answered under oath. Used to gather information about finances, custody, and other relevant issues.

J-K

Joint Custody

An arrangement where both parents share custody rights. Can refer to joint legal custody (shared decision-making), joint physical custody (shared residential time), or both.

Jurisdiction

The court's authority to hear and decide a case. Determined by residency requirements, which vary by state (typically 3-12 months of residence before filing).

L

Legal Custody

The right to make major decisions about a child's education, healthcare, religion, and welfare. Can be sole (one parent) or joint (both parents share). Compare custody types.

Lincoln Hearing

In New York, a private interview between the judge and the child conducted in chambers to learn the child's custody preferences. Named after Lincoln v. Lincoln (1969).

Lump Sum Alimony

A one-time payment or a fixed total amount of alimony paid in installments. Unlike periodic alimony, it is not modifiable and does not terminate on remarriage.

M

Marital Property

Property acquired by either spouse during the marriage that is subject to division in divorce. Also called "community property" in community property states.

Mediation

A dispute resolution process where a neutral third party (mediator) helps divorcing couples negotiate agreements. The mediator does not make decisions. Mediation guide.

Modification

A change to an existing court order (custody, support, or alimony) based on a material change in circumstances. The requesting party bears the burden of proof.

N-O

No-Fault Divorce

A divorce where neither spouse must prove the other's misconduct. The filing spouse simply states that the marriage is "irretrievably broken" or that there are "irreconcilable differences." Available in all 50 states.

Noncustodial Parent

The parent with whom the child does not primarily reside. The noncustodial parent typically has visitation or parenting time and pays child support.

Order of Protection

A court order that prohibits one party from contacting, threatening, or coming near the other party and/or the children. Also called a restraining order or protective order.

P

Parental Alienation

When one parent deliberately undermines the child's relationship with the other parent through manipulation, disparagement, or interference with contact. Courts may modify custody to address alienation.

Parenting Plan

A detailed document that outlines the custody schedule, decision-making responsibilities, communication protocols, and other parenting arrangements. Required in many states.

Parenting Time

The scheduled time a parent spends with the child. Modern term replacing "visitation," used in many states to describe both parents' time with the child. Calculate parenting time.

Paternity

The legal establishment of a child's father. Paternity must be established before a father has custody or visitation rights or child support obligations for a child born outside of marriage.

Pendente Lite

Latin for "during the litigation." Refers to temporary orders (support, custody, etc.) that are in effect while the divorce case is pending.

Physical Custody

The right to have the child live with you. The parent with primary physical custody has the child for the majority of the time. Compare custody types.

Prenuptial Agreement (Prenup)

A contract between prospective spouses that addresses property division, alimony, and other financial matters in the event of divorce. Must meet specific requirements to be enforceable.

Pro Se

Latin for "for oneself." Refers to a party who represents themselves in court without an attorney. Also called "self-represented."

Q

QDRO (Qualified Domestic Relations Order)

A court order used to divide retirement accounts (401(k), pension, 403(b)) between divorcing spouses. A QDRO allows the transfer to be made without early withdrawal penalties or immediate tax consequences.

Quasi-Community Property

Property acquired in a non-community property state that would have been community property if acquired in a community property state. Some states treat quasi-community property like community property for division purposes.

R

Rehabilitative Alimony

Temporary alimony paid for a specific period to allow the receiving spouse to gain education, training, or work experience to become self-supporting.

Relocation

When a custodial parent moves a significant distance with the child. Most states require advance notice and either the other parent's consent or court approval.

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 third-party babysitter when the parent is unavailable for a specified period.

S

Separate Property

Property that belongs to only one spouse and is not subject to division in divorce. Typically includes property owned before marriage, gifts, inheritances, and property excluded by prenup.

Separation Agreement

A written contract between spouses who are separating that addresses division of property, custody, support, and other issues. May be incorporated into the final divorce decree.

Service of Process

The formal delivery of legal documents (such as a divorce petition) to the other party. Can be accomplished through a process server, sheriff, certified mail, or (in some cases) publication.

Sole Custody

When one parent has exclusive custody rights. Can refer to sole legal custody (exclusive decision-making) or sole physical custody (the child lives exclusively with one parent), or both.

Standard Possession Order (SPO)

The default custody schedule in Texas for the noncustodial parent (possessory conservator). Provides 1st, 3rd, and 5th weekends, Thursday evenings, alternating holidays, and summer possession.

Stipulation

An agreement between parties on a specific issue. Stipulated agreements are presented to the court for approval and become part of the court order.

Subpoena

A court order requiring a person to appear in court or produce documents. In divorce cases, subpoenas are used to obtain financial records, employment information, and other evidence.

Supervised Visitation

Parenting time that must occur in the presence of a third party (supervisor) or at a supervised visitation center. Ordered when there are concerns about the child's safety.

T-U

Temporary Orders

Court orders that govern custody, support, property use, and other issues while the divorce is pending. Also called "pendente lite" orders. They remain in effect until replaced by the final divorce decree.

Tender Years Doctrine

An outdated legal presumption that young children should be placed with their mother. Most states have abandoned this doctrine in favor of gender-neutral best interest factors.

Time-Sharing

The term used in Florida (replacing "custody" and "visitation") to describe the time each parent spends with the child.

Transmutation

The legal process by which separate property becomes marital property (or vice versa), either through intentional act (adding a spouse to a deed) or through commingling.

Uncontested Divorce

A divorce where both parties agree on all terms -- property division, custody, support, and other issues. Faster, simpler, and less expensive than contested divorce.

V-Z

Venue

The specific court location where a case is filed. Usually the county where either spouse resides or where the couple last lived together.

Visitation

The traditional term for the time a noncustodial parent spends with the child. Increasingly replaced by "parenting time" or "time-sharing" to reduce the adversarial connotation.

Waiting Period

The mandatory period between filing for divorce and the court's ability to finalize it. Ranges from 0 days (some states have no waiting period) to 1 year. Intended to allow for reconciliation.