Divorce Glossary
Abandonment – The departure of one spouse from the marital home without the consent of the other spouse. In some states, this may constitute grounds for divorce.
Alimony or maintenance – Payments made by one spouse to the other to assist with the support of the recipient spouse. Payments usually terminate upon the earlier of the death of the either spouse, the remarriage of the recipient spouse, or date decided by a judge or agreed upon by the husband and wife. Payments received are usually taxable to the recipient spouse and tax-deductible by the paying spouse.
Brief - A written presentation of a party’s position. Lawyers most often submit briefs to argue one person appeals. Lawyers also submit briefs to support points of law made at the trial court level.
Cohabitation – The act of living with someone. In some states, cohabitation may be grounds for the termination of support. In addition, some husbands and wives may agree when settling their case that cohabitation for a period of time will cause support to be terminated.
Community Property State – A state where all property (and typically income) acquired during the marriage is presumed to belong equally to both parties.
Deposition – Answering questions under oath. In matrimonial matters, a deposition usually centers on a party’s finances or child custody issues and is conducted in a lawyer’s office or in the courthouse, but a judge will not be present.
Discovery - The act of revealing information so that both parties a fully informed of facts before trial. Discovery methods include taking depositions, answering interrogatories, producing documents and undergoing a physical.
Dissolution – In many state, divorce is now called dissolution.
Equitable Distribution – A system of dividing property between spouses based upon what the judge considers to be fair. The law and precedent provide the judge with the factors to consider in making that determination.
Interrogatories – A series of questions that must be answered under oath, within a certain period of time, usually designed to ascertain a person’s financial holdings and means of earning income or to address child custody issues.
Law Guardian – A person, usually a lawyer, selected by the judge and assigned to represent the children of the divorcing parents or an incapacitated adult.
Marital Property – In general, property a husband and wife acquired during the marriage. Such property may also be called joint property. In some jurisdictions, inheritances, disability awards, and gifts received from a third party (that is, not the spouse) are not considered to be marital or joint property, even if a spouse received them during a marriage.
Order – A ruling or “decree” by a judge, made orally or in writing, directing someone to do or refrain from doing something.
Perjury – the act of lying under oath.
Precedent - The use of previous decisions in cases factually similar to the case before a judge in order for the judge to decide how to adjudicate the present case.
Pro se divorce – A divorce that is handled by the individual seeking the divorce rather than with the aid of an attorney.
Separate Property – Property a spouse acquires before the marriage and after an action for divorce has begun.
Transcript – The written presentation of testimony given at trial in a deposition.
