The Divorce Dictionary

ABANDONMENT - the term used to describe the action of one spouse leaving the marital home without consent. This action is deemed as grounds for divorce in some states or provinces.

ACCRUE - to propagate or build upon.

ACTION- the legal term for what is generally referred to as a lawsuit.

ADVERSARIAL DIVORCE- a divorce where the spouses are unable to come to any agreement and the court must decide the issues and make a ruling.

ADMISSIBLE - any form of testimony or evidence that is allowed into court.

ADULTERY - when one spouse has sexual intercourse with a third party. In some states and provinces this is considered grounds for divorce.

AFFIDAVIT- a written statement of facts that are made under oath and which must be witnessed and signed by a notary or another official authorized to administer oaths.

AFFIRMATIVE DEFENSE- new facts or legal defenses in response to the opposing spouse's pleading.

AGREEMENT- a verbal or written resolution of disputes.

ALIMONY- financial support paid to one spouse from the other. May be paid in one lump sum or in installments. It can be temporary or permanent.

ALLEGATIONS- the claims that are made against the other spouse in the lawsuit (action).

ALTERNATIVE DISPUTE RESOLUTION (ADR) - specific methods, including mediation, arbitration and collaborative law, with which couples can obtain a divorce settlement without a trial.

ANNULMENT- a legal action or lawsuit which may result in a finding that the marriage was void or is voidable; as if it never took place.

ANSWER - the formal response for a divorce, separation or annulment petition. The response or answer contains the admission or denial of the allegations made by the petitioner or against the petitioner.

ANTENUPTIAL AGREEMENT- a legal contract signed by two people prior to marriage which states limitations to spouse's rights to property, support, or inheritance if the marriage ends in divorce. Also known as PRENUPTUAL AGREEMENT.

APPEAL- a legal procedure in which the losing party of a divorce requests that a higher court review the trial court's decision.

APPEARANCE- a formal submission to the courts by the defendant (respondent) in response to the a complaint or summons.

APPELLANT - the individual who brings the appeal.

APPELLATE COURT - the court in which a appeal is heard.

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

APPRAISAL- the procedure for determining the fair market value of an asset for equitable distribution in divorce.

APPRAISAL REPORT - a report of the results of an appraisal which begins with the definition of an appraisal problem and leads to a specific conclusion using reasoning and relevant descriptive data.

ARBITRATION - a legally binding, but not a judicial procedure. When a neutral third party makes judgment on a case. Arbitration is not allowed in divorce actions in Illinois.

ARREARAGE - a term used to describe unpaid amounts of child support or alimony.

ASSETS- cash, property or any other thing of value.

ATTACHMENT - the process by which the court seizes the property of a debtor.

AUTOMATIC WAGE DEDUCTION- a court ordered child support system in which the non-custodial parent has the support amount deducted directly from his or her paycheck which is then distributed by the employer.

AWARD- a decision made by a court to compensate a person for something. BAILIFF - the court attendant in charge of maintaining order in the courtroom.

BANKRUPTCY - a legal proceeding in which a person who is financially insolvent requests the federal bankruptcy court to determine his or her debts and use his or her assets to pay those debts.

BENCH WARRANT - an order issued by a court for the arrest of a person who has failed to appear in court as ordered.

BEST INTEREST OF THE CHILD- a discretionary legal standard that pertains to support, visitation and custody.

BIGAMY- a criminal offense committed when one spouse enters a marriage when the previous marriage has not been terminated.

BILL OF PARTICULARS - Detailed information about the allegations made in a complaint or petition.

BRIEF - a document presented to the court outlining one side's position.

BURDEN OF PROOF - The degree of certainty of the evidence presented to prevail on one's case.

CAPTION - the heading of a complaint, petition designating the names of the plaintiff and the defendant, the name of the court and the case number.

CERTIFICATE OF MAILING - a written statement proving to the court that a copy of a certain document was mailed to the person for whom it was intended.

CERTIFICATE OF SERVICE - a written statement proving to the court and completed by a process server that a copy of a document was served to the person for whom it was intended.

CERTIFIED COPY - a copy of the document contained in the court file. It includes a stamped seal confirming that the copy is indeed a true and correct copy of the document contained in the court file.

CHANGE OF VENUE - a change from the judge originally assigned to the case at the request of a party.

CHILD SUPPORT-the money the non-custodial parent pays to the custodial parent to help pay for the needs of the child.

CHILD SUPPORT GUIDELINES- Method of determining the dollar amount of child support to be paid.

CITATION - an order from a court requiring a court appearance.

CIVIL COURT- the court which presides over non-criminal cases.

CLAIM- the charge by one spouse against another.

CLEAR TITLE - Ownership of an asset without any encumbrances, obstructions or burdens that impede its ability to be transferred to a new owner.

COBRA - Federal Legislation which guarantees that all individuals who are covered by medical insurance have the right to continue coverage for a monthly fee if employment changes or marital status changes.

COHABITATION- two people living together.

COMMON-LAW PROPERTY DISTRIBUTION- the method of dividing property in a divorce according to who holds the title to the property.

COMMON-LAW MARRIAGE- a marriage in which no formal ceremony took place and no license exists.

COMMUNITY PROPERTY- all income or property that was acquired during the marriage, with exception to gifts or inheritances. Illinois is not a community property state.

COMPLAINT- the initial pleading filed for divorce with specific grounds stated.(see legal process section)

CONDONATION- when misconduct of a spouse is no longer grounds of divorce due to the act of forgiveness.

CONFLICT OF INTEREST - when any professional is not capable of performing services due to previous relationships or present relationships and/or a situation where confidentiality can be broken.

CONTEMPT OF COURT- any deliberate failure to comply with the legal process, including the disruption of the court.

CONTESTED DIVORCE- a divorce where at least one issue has not been settled before court. The court must decide the issue or issues.

CONTINUANCE - Postponing a scheduled court hearing to a later time.

CONVEY - to transfer property from one person to another.

COUNT- a statement of facts that clearly defines the complaint.

COUNTER-CLAIM- a pleading filed by the defendant (respondent) against the plaintiff ( petitioner ).

COURT CLERK - the administrative personnel of the court who handles the filings for court procedures and answers questions concerning them.

COURT ORDER - a written document ordering a person to do something. It is issued by a court and signed by a judge.

COVERTURE - the period of time a women is married.

CREDITOR - a person to whom money is owed.

CROSS-EXAMINATION- the questioning of a witness of the opposing party in court or at a deposition. The purpose is to test the credibility or pursue advantageous answers.

CUSTODIAL PARENT- the parent a child normally lives with, and the one who makes legal decisions concerning the child. There are several different types of custody arrangements. (see child custody section)

CUSTODY - the legal right and responsibility to raise a minor child and to make decisions.

CUSTODY EVALUATION - a process during which a mental health professional appointed by the court evaluates a family and makes recommendations to the court on the proper custodial arrangements for the children.

DAMAGES - the monetary harm caused by the actions of another person.

DEBTOR - a person who owes money.

DECREE- the final decision made on an action for divorce.

DEFAULT ORDER OR JUDGMENT - an order or judgment made based on only the plaintiff's (petitioner's) complaint, due to lack of response or presence of the defendant (respondent).

DEED - a written, legal instrument that conveys an estate or interest in real property when it is executed and delivered.

DEFENDANT- the spouse who defends against the lawsuit brought against him or her by the other spouse.

DEPOSITION-the testimony of a witness under oath and recorded by a court reporter.

DIRECT EXAMINATION- the initial questioning of a witness called to the stand by his or her attorney.

DIRECT PAYMENT - child or spousal support paid directly to the parent who has custody by the parent who does not have custody (as opposed to wage garnishment).

DISCOVERY- procedures used to absorb information that pertains to the credibility of the opposing party's case. The term may also be used for the interview procedure between the attorney and the client at the initial meeting. (see legal process and or the attorney section)

DISCRETION OF THE COURT - an area of choice available to a judge to make decisions after reviewing reasonable evidence.

DISMISS - the termination of a case without a final disposition of the matter.

DISSOLUTION OF MARRIAGE- a legal judgment that severs a marriage relationship and returns each person to single status.

DIVORCE - a final decree required to legally terminate a valid marriage.

DOCKET - the calendar schedule of the court.

DOCKET NUMBER - the number assigned by a court case. It is used to identify all court actions and it appears on all documents filed with the court in a specific case.

DOMICILE- the place where a person lives and will return if temporarily absent.

DOWER - a wife's common law right to inherit from her husband.

EMANCIPATION- the point at which a minor comes of legal age.

ENCUMBERED - when a lien, mortgage or other restraint is placed against a property.

EQUITABLE DIVISION (DISTRIBUTION)- a system of dividing property acquired by spouses during their marriage in connection with a divorce proceeding.

EQUITY - the net value of a home. Determined by subtracting the amount owed on the home from the home's value.

ESTATE - The property owned by a person.

EVIDENCE- documents, testimony or other informational material offered to the court to prove or disprove allegations in the pleadings.

EXHIBIT - an item of evidence presented to the court.

EX- PARTE- court relief that is granted due to the absence of opposing party.

EXPERT WITNESS- a professional who gives an opinion about an issue in the case that is within his or her area of expertise in order to assist the judge reach a decision. Examples: Appraisers, Accountants, Child Custody Evaluators.

FAULT-BASED DIVORCE- a type of divorce to be granted if one member of the marriage is guilty of some kind of marital misconduct.

FILE - to deliver a document to a clerk of a court so that the document can be included in the official records of a case.

FOREIGN ORDER - a court order issued by another county, state or nation outside of the jurisdiction in which the custodial parent lives.

FOUNDATION- the evidence that must be presented before asking certain questions or offering documentary evidence on trial.

GARNISHMENT - a support enforcement technique in which the support payment is automatically deducted from the supporters paycheck and delivered to the spouse.

GROUNDS- a legal basis for a divorce

GUARDIAN AD LITEM - A person (usually an attorney) appointed by the court to represent the interests of the minor child in a divorce.

HEARING- any proceeding that takes place before a court where testimony is given and arguments are heard.

HEARSAY - something a person claims he or she was told by someone else. Often hearsay cannot be used as evidence in a trial.

HOSTILE WITNESS- a witness who shows prejudice during testimony that the party who called him or her will actually do a cross-examination.

IN CAMERA - when proceedings are held in the chambers of a judge without the participating parties. This is usually the procedure followed when children testify.

INCOME AND EXPENSE AFFIDAVIT - the form completed by a parent under oath stating that parent's income, assets, expenses and liabilities.

INJUNCTION- a court order preventing someone from doing a particular act which is likely to cause physical, mental injury or property loss of another individual.

INTERROGATORIES- a group of questions served upon the opposing party to gain knowledge pertaining to the issues in the matrimonial proceedings.

JOINT LEGAL CUSTODY- a form of custody of minor children in which the parents share the responsibilities and major decision- making related to the child.

JOINT PHYSICAL CUSTODY- a form of custody of minor children in which the parents share the actual physical custody of the child.

JOINT PROPERTY- property that is held in the name of more than one person or in which more than one person holds a legal interest.

JOINT TENANCY- a form of joint ownership in which each joint owner has an equal share.

JUDGMENT- the ruling or order of the court.

JUDGMENT OF DIVORCE - a formal written document that states that a man and a woman are divorced. This is prepared by an attorney and presented to the court for the Judge to sign. In some states and provinces, this is recognized a the Divorce Decree or Decree of Dissolution.

JURISDICTION- the power of the court to rule on issues related to the parties, their children and their property.

LEGAL CUSTODY- the authority of one parent or both parents to make legal decisions regarding health, education and welfare of the child.

LEGAL SEPARATION- a legal lawsuit for support while the spouses are living separate and apart.

LITIGATION - the process of fighting a legal dispute in the court system.

LUMP-SUM ALIMONY- a spousal support that is ordered to be paid in a fixed amount. The completion of the payment may be made in installments. (see spousal support section).

MAINTENANCE-Spousal support or alimony.

MARITAL PROPERTY- property that is acquired by the spouses during the marriage, regardless of whose name it is in.

MARITAL SETTLEMENT AGREEMENT- a written agreement entered into by the spouses getting divorced stating their rights and agreements pertaining to property, support and custody.

MEDIATION- a non-adversarial divorce procedure where the spouses are assisted in reaching a settlement by a neutral third party that is trained in the divorce process.

MEDIATOR - a neutral person who presides over the mediation process.

MODIFICATION - an order changing the terms of another order.

MOTION- a written or oral request to the court for some type of action.

MOTION TO MODIFY - a written request of the court to change a previous order regarding child custody, support, alimony or other divorce - related decisions.

NO-FAULT DIVORCE- a type of divorce that may be granted even though either spouse has not performed any kind of marital misconduct.

NON-CUSTODIAL PARENT- the parent who does not have physical custody of the child, and who typically is paying child support to the child.

NON-MARITAL PROPERTY - property considered by the courts to belong to one spouse or another and that which is not available for equitable distribution.

OBJECTION - the verbal response of a lawyer during a trial or deposition that seeks to have the judge decide whether a question or answer was inappropriate.

OBLIGEE - the person to whom money or property is owed by a judgment.

OBLIGOR - the person who owes money or property as the result of a judgment.

OPENING STATEMENT - a lawyer's opening remarks in the beginning of a trial. They are addressed to the judge.

ORDER- a court's specific ruling on an issue.

ORDER OF PROTECTION - an order entered by the court to prevent one spouse from doing something.

ORDER TO SHOW CAUSE - a court order requiring a party to a civil action to appear in court on a specific date and time and explain why the court should not take a particular action in the case.

PARENTING CLASSES - organized classes designed to teach parents how to minimize the negative aspects of divorce on their children.

PARTY - a plaintiff or a defendant in a legal proceeding.

PATERNITY - the legal biological relationship between father and child.

PERJURY - the act of lying under oath in court or in a sworn statement.

PERSONAL JURISDICTION- the power of the court to make orders regarding an individual and have them enforced.

PERSONAL PROPERTY - property that is not real estate.

PETITION- the title given to the first document filed in pursuit of a divorce.

PETITIONER- the person who initiates the divorce by filing the petition.

PHYSICAL CUSTODY- refers to the parent the child actually lives with. It may be sole or joint, depending upon the arrangements.

PLAINTIFF- the person who initiates the divorce by filing the petition.

PLEADING-a formal written application to the court which requests action by the court.

POSTNUPTIAL AGREEMENT - a written contract between husband and wife that states all of their present and future rights in event that they divorce in the future.

PRAECIPE - an document asking the Clerk of Court to issue a summons on the opposing party.

PRAYER FOR RELIEF- the portion at the end of the pleading which states the relief that is requested of the court.

PRECEDENT - something that has already happened that will influence how future similar events will be viewed by the court.

PRENUPTIAL AGREEMENT- a legal contract signed by two people before they get married. It typically involves limitations on a spouse's rights to property, support, and inheritance upon divorce.

PRESENT VALUE - the value of a future payment or series of future payments discounted to the current date or to time period zero.

PRIMARY CARETAKER- the parent who provides majority of the child's day to day care.

PRIVILEGE- the right a spouse has to make admissions to an attorney or counselor that can not be later used as evidence.

QUALIFIED DOMESTIC RELATIONS ORDER- (QDRO) a court ruling stating that a portion of one spouse's pension be awarded to the other spouse as part of the equitable distribution of the marital assets. ( see QDRO section )

QUIT CLAIM - to release legal claim. It is a document relinquishing claim, as in a quit claim to the deed to the marital house.

RECIPROCITY - the process of cooperation between states and countries to establish and enforce child support orders. Laws and court orders of each jurisdiction are recognized and enforced.

RECORD - all of the testimony and evidence that is used in court to decide a case. What is on record is what the Judge will use to make his or her decision.

REHABILITATIVE ALIMONY - alimony intended to help the ex-spouse become financial self sufficient.

REQUEST FOR PRODUCTION - part of the Discovery process. One attorney asks that the other side produce financial documents he or she feels are necessary to the case.

RESIDENCE- the place where a spouse lives.

RESPONDENT - the defendant in a divorce.

RESPONSE- the formal document filed by the defendant (respondent) to answer the complaint or summons.

RESTRAINING ORDER - a court order restricting a persons actions. They are sometimes issued by one spouse to try to deter the other spouse from committing violent acts.

RETAINER - a fee paid to an attorney to secure that attorney's work on a case.

RETAINER AGREEMENT - a written contract between lawyer and client delineating their responsibilities to each other.

SANCTIONS - court-ordered punishment.

SEPARATE MAINTENANCE- an action filed for support between two spouses not living together even though the spouse's are not actively seeking a divorce.

SEPARATE PROPERTY- property considered to be owned by one spouse prior to marriage, which in most states in not up for distribution upon divorce.

SEPARATION AGREEMENT - an agreement on support, child care and property covering the period before divorce but after separation.

SERVICE OF PROCESS- the act of presenting the complaint or summons to the defendant or respondent.

SOLE CUSTODY- a form of custody in which one parent is awarded both physical and legal custody.

SPLIT CUSTODY- a form of custody in which the actual time of physical custody is split between both parents.

SPOUSAL SUPPORT- money paid from one spouse to the other in one lump sum or in installments for a period of time.

STIPULATION- an agreement between the parties or their counsel.

SUBPOENA- a document that requires a person who is not directly involved in the action to provide testimony.

SUMMONS- a written notification to the defendant or respondent that an action has been filed against him or her.

TAX INTERCEPT - the process by which a child support judgment debtor's federal and state income tax refunds are diverted to pay a support arrearage.

TEMPORARY CUSTODY - An order providing for a spouse's right to have parenting time with his or her child prior to entry of the final judgment of divorce.

TEMPORARY RESTRAINING ORDER - an order of the court prohibiting a party from doing something such as selling or disposing of assets or concealing the children from the other spouse.

TESTIMONY-statements delivered under oath at a hearing or deposition.

TRANSCRIPT - a written presentation of testimony given at a trial or at a deposition.

TRIAL- a formal court hearing to decide the disputed issues filed in the complaint or summons.

UNALLOCATED FAMILY SUPPORT - Support which includes a component of child support and a component of alimony.

UNCONTESTED DIVORCE- a divorce proceeding in which the parties are in agreement on all issues.

VENUE - the county in which the court with jurisdiction will hear the matter.

VISITATION- the right of the parent who does not have physical custody to see his or her child.

VISITATION SCHEDULE - a list of dates stating times each parent may see each child.

WAIVER- a written document that relinquishes an individual's rights.

WITNESS - a person having knowledge of facts or other information pertaining to a specific situation.

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