Family Law Glossary: Key Terms Explained

A

Alimony (Spousal Support) — Financial support paid by one spouse to the other after separation or divorce. Also called maintenance or spousal support.

Annulment — A legal declaration that a marriage was void from the beginning, as if it never existed.

Answer — The formal written response to a divorce petition or other family law complaint.

C

Child Support — Regular payments made by a non-custodial parent to help cover a child's expenses.

Collaborative Divorce — A process where both spouses and their attorneys commit to resolving the divorce without litigation.

Community Property — Property acquired during marriage that is owned equally by both spouses. Community property states include California, Texas, Arizona, Nevada, and others.

Contempt of Court — Willful failure to comply with a court order, such as refusing to pay child support.

Custody — The legal right to make decisions about and/or physical care of a child.

D

Default Judgment — A judgment entered against a party who fails to respond to a legal action.

Dissolution of Marriage — The legal term for divorce in many states.

Domestic Violence — Physical, emotional, sexual, or financial abuse between family or household members.

E

Equitable Distribution — The fair (not necessarily equal) division of marital property in non-community property states.

Ex Parte — A legal proceeding involving only one party, without notice to the other.

G

Guardian ad Litem — A person appointed by the court to represent a child's best interests in legal proceedings.

J

Joint Custody — A custody arrangement where both parents share legal and/or physical custody of a child.

L

Legal Separation — A court-approved arrangement where spouses live apart but remain legally married.

M

Marital Property — Property acquired during the marriage, subject to division upon divorce.

Mediation — A process where a neutral third party helps divorcing spouses reach agreement on contested issues.

Modification — A change to an existing court order, such as a child support or custody order.

N

No-Fault Divorce — A divorce granted without requiring proof of wrongdoing by either spouse. Available in all 50 states.

Non-Marital Property (Separate Property) — Property owned by one spouse before marriage or received as a gift or inheritance during marriage.

P

Parenting Plan — A written agreement or court order specifying how parents will share time with and responsibilities for their children.

Paternity — Legal determination of a child's father.

Petition for Dissolution — The formal document filed to begin a divorce proceeding.

Physical Custody — The right to have a child live with you.

R

Restraining Order (Protective Order) — A court order prohibiting a person from contacting or coming near another person.

S

Sole Custody — A custody arrangement where one parent has exclusive legal and/or physical custody.

Stipulation — A written agreement between the parties on specific issues.

U

Uncontested Divorce — A divorce where both spouses agree on all issues, including property division, custody, and support.

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