Divorce Cures Shows You How to Divorce With Children     

A husband or wife leaves the marital home against the wishes of his or her spouse. In some jurisdictions, abandonment is grounds for divorce.

The mother or father without custodial rights to the child and who does not live with the child. The absent or non-custodial parent does, however, provide for partial financial support of the child.

To accumulate.

Court-issued form sent to the respondent (and, where applicable, the co-respondent) with the petition. The document contains questions about the respondent’s intentions and wishes in response. Once returned to the court, it establishes service of the petition.

Legal term for a lawsuit or proceeding in a court.

The legally authorized person appointed instead of a judge to preside over the child.

Any testimony, oral or written, or evidence that is allowed into court.

The paper signed at dissolution by the party admitting that he or she received the petition for dissolution.

One spouse’s sexual relationship with a third party. In some jurisdictions, adultery is grounds for divorce.

A divorce proceeding in which the spouses cannot reach any agreement.

The opposing party in a lawsuit. In a divorce, this typically is your spouse.

The commonly used acronym for the federal program Aid to Families with Dependent Children. As the name indicates, the program provides financial support to families with children that meet eligibility guidelines. AFDC funds generally are available when the head of a family or the custodial parent is not employed and not receiving child support or assistance from the child’s other parent.

a written statement made under oath, often as part of a divorce proceeding. in a divorce proceeding, affidavits usually accompany motions and are used to avoid having to appear in court personally to testify.

A legal strategy that employs new facts or legal defenses in response to the opposing spouse’s pleading. With this strategy, a defendant introduces evidence that will negate the other side’s allegations, even if it is proven that the defendant committed the alleged acts.

The age at which an individual is legally permitted to enter into contracts without adult consent. This is typically age 18 or age 21, depending on the circumstances and/or jurisdiction. See also “Minor child.”

An oral or written resolution of disputes.

An additional summons that is issued when the original document is not served.

Financial payments from made by one spouse to the other. The payments may be in one lump sum or in installment. Payment term can be temporary or permanent.

This order mandates that spousal support be paid by one spouse to the other during the couple’s pretrial separation.

Claims made against the other spouse in the divorce proceeding.

Ways to obtain a divorce without going through a trial. Common methods are mediation and arbitration.

A financial or property adjustment order made by a Court in addition to a petition for divorce or separation.

This legal decree invalidates a marriage by declaring it null and void, essentially treating the marriage as if it never took place. An annulment is used, for example, when it can be shown that one of the parties lacked the capacity to consent to the marriage (e.g., a legal minor). A legal annulment is different from a religious annulment.

A formal, written response to a divorce or separation petition by the respondent that either admits or denies the petition’s allegations. The answer typically is filed in conjunction with a counter-petition outlining the relief sought by the respondent.

A contract signed by both parties before marriage. It delineates each spouse’s limitations to property rights, support, or inheritance if the event of divorce.

A legal request that a higher court review the original or lower court’s decision.

A formal submission to the court in response to a complaint or summons.

The individual who appeals a court decision.

The court in which an appeal is heard.

The key step in a divorce proceeding and court order.

The division and assigning of property and/or assets. The division does not have to be equal, but rather fair to each spouse.

The determination of the fair market value of an asset so that it can be equitably distributed.

A written report of an appraisal, including the definition of the appraisal problem, a conclusion to that problem and relevant descriptive data.

A legally binding alternative to a divorce court proceeding. Both parties agree to have a neutral person decide matters relating to their case. Arbitration decisions usually cannot be appealed.

The unmet portion of court-ordered spousal maintenance or child support. For example, when a spouse does not pay the full amount of support, the missing amount is the arrearages.

Anything of value, such as cash, property and investments, to an individual or business.

The transfer from one person to another of interest in or a right to property.

The legal process of seizing a debtor’s property.

The lawyer who officially represents a party in a legal proceeding. The attorney of record typically is authorized to perform certain functions on behalf of a client.

The process allowing for money to be deducted directly from an individual’s paycheck to satisfy court-ordered support amounts.

The court’s decision to compensate a person.