Divorce
A Child Advocacy Company
Bringing Support to Parents
Building Strength to Children
Bringing Support to Parents
Building Strength to Children
DIVORCE TERMINOLOGY
The following is a listing of words you might hear or read regarding the divorce procedure. We
thought that having some of these terms defined for you might help you in understanding your case
better.
-A-
Affidavit: A sworn statement in writing
Alimony: Payment of support (not child support) from one spouse to another so that the spouse
receiving the payment can maintain the lifestyle that they were accustomed to during the
marriage. Also called spousal support or maintenance.
Annulment: The legal ending of an “Invalid marriage”. To the law neither party was ever married,
but all the children born of the annulled marriage remain legitimate.
Arrearages: The difference between the amount of alimony or child support paid, if any, and the
amount required under court order.
-C-
Child Support: The amount of money that the non-custodial parent pays to the custodial parent to
help pay for the everyday needs of the children such as housing, food and clothing.
Child Support Guidelines: The amount of child support to be paid, under normal circumstances,
according to a schedule established by the state, based upon income. It is federally mandated that
all states establish guidelines for child support.
Common Law Marriage: A judicially-recognized marriage in some states, usually based on
cohabitation.
Community Property: A rule of property division which divides equally all property acquired during
the term of the marriage, without regard to whose name is it held. Inheritances and gifts are
excluded in some jurisdictions.
Complaint: The formal document filed with the Court which states that the plaintiff wants a divorce
and why.
Contested Divorce: The party sued opposes this because either: they denied the asserted grounds
or they do not agree with the suing party as to the terms of the divorce.
Court Order: A written instruction from the court carrying the weight of the law. Orders must be
in writing. Anyone who knowingly violates a court order can be held in contempt of court.
-G-
Grounds: The reasons under state statute for granting the divorce
-I-
Interrogatory: Written questions asked by one party of an opposing party, who must answer them in
writing under oath.
-M-
Mediation: Process by which you work with a neutral third party to prepare your divorce agreement.
This process is voluntary and non-binding.
-P-
Pendente Lite Support: A temporary order of the Court which provides support until the divorce is
finalized.
Pro Se: To represent yourself in the court proceedings without an attorney
-Q-
QDRO – Qualified Domestic Relations Order. A ruling by the court stating what portion of one
spouse’s pension is to be awarded to the other spouse.
Quid Pro Quo: The giving of one valuable thing for another.
-S-
Subpoena: A court order to attend a legal proceeding such as a trial or deposition. If documents
are also requested, the subpoena is called a subpoena duces tecum. If you are served with one of
these, it means that not only do you have to appear, but you need to bring the documents with you,
which are usually listed on the form.
The following is a listing of words you might hear or read regarding the divorce procedure. We
thought that having some of these terms defined for you might help you in understanding your case
better.
-A-
Affidavit: A sworn statement in writing
Alimony: Payment of support (not child support) from one spouse to another so that the spouse
receiving the payment can maintain the lifestyle that they were accustomed to during the
marriage. Also called spousal support or maintenance.
Annulment: The legal ending of an “Invalid marriage”. To the law neither party was ever married,
but all the children born of the annulled marriage remain legitimate.
Arrearages: The difference between the amount of alimony or child support paid, if any, and the
amount required under court order.
-C-
Child Support: The amount of money that the non-custodial parent pays to the custodial parent to
help pay for the everyday needs of the children such as housing, food and clothing.
Child Support Guidelines: The amount of child support to be paid, under normal circumstances,
according to a schedule established by the state, based upon income. It is federally mandated that
all states establish guidelines for child support.
Common Law Marriage: A judicially-recognized marriage in some states, usually based on
cohabitation.
Community Property: A rule of property division which divides equally all property acquired during
the term of the marriage, without regard to whose name is it held. Inheritances and gifts are
excluded in some jurisdictions.
Complaint: The formal document filed with the Court which states that the plaintiff wants a divorce
and why.
Contested Divorce: The party sued opposes this because either: they denied the asserted grounds
or they do not agree with the suing party as to the terms of the divorce.
Court Order: A written instruction from the court carrying the weight of the law. Orders must be
in writing. Anyone who knowingly violates a court order can be held in contempt of court.
-G-
Grounds: The reasons under state statute for granting the divorce
-I-
Interrogatory: Written questions asked by one party of an opposing party, who must answer them in
writing under oath.
-M-
Mediation: Process by which you work with a neutral third party to prepare your divorce agreement.
This process is voluntary and non-binding.
-P-
Pendente Lite Support: A temporary order of the Court which provides support until the divorce is
finalized.
Pro Se: To represent yourself in the court proceedings without an attorney
-Q-
QDRO – Qualified Domestic Relations Order. A ruling by the court stating what portion of one
spouse’s pension is to be awarded to the other spouse.
Quid Pro Quo: The giving of one valuable thing for another.
-S-
Subpoena: A court order to attend a legal proceeding such as a trial or deposition. If documents
are also requested, the subpoena is called a subpoena duces tecum. If you are served with one of
these, it means that not only do you have to appear, but you need to bring the documents with you,
which are usually listed on the form.
Disclaimer: BS Kids LLC legal research and information has been prepared for educational and informational purposes only. This material is not legal advice or legal
opinions on any specific matters. Transmission of the information is not intended to create and receipt does not constitute a lawyer-client relationship between BS Kids
LLC , the author of the information and any other legal publisher. Customers of BS Kids should not act upon this information without seeking professional counsel. The
opinions expressed in the material presented to BS Kids clientele is based on information found in legal publications. BS Kids LLC, 78 Canterberry Court, Hudson, NH
03051 781-756-1214.
opinions on any specific matters. Transmission of the information is not intended to create and receipt does not constitute a lawyer-client relationship between BS Kids
LLC , the author of the information and any other legal publisher. Customers of BS Kids should not act upon this information without seeking professional counsel. The
opinions expressed in the material presented to BS Kids clientele is based on information found in legal publications. BS Kids LLC, 78 Canterberry Court, Hudson, NH
03051 781-756-1214.
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