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Divorce Legalese, Explained

Dec. 3, 2024

Though not all of these will apply to every case, they are still good terms to be aware as you embark on the Divorce Process. 

  1. Alimony: a payment of financial support provided by one spouse to the other—also called spousal support and maintenance.

  2. Annulment: a marriage can be dissolved in a legal proceeding in which the marriage is declared void, as though it never took place. Available only under certain limited circumstances.

  3. Best interest of the child: legal standard used to determine child custody, visitation, and support.

  4. Condonation: the act of forgiving one's spouse who has committed an act of wrongdoing that would constitute a ground for divorce. It is often used as a defense to a divorce.

  5. Custody (sole and joint): the legal arrangements for where a child will live and how decisions about the child will be made. The standard for deciding custody is what arrangement will be in the "best interest of the child."

  6. Irreconcilable differences: the legal grounds for no-fault divorce in states such as Florida.

  7. Marital property: all property acquired during the marriage.

  8. No-fault divorce: a divorce that doesn't require one spouse to prove the other spouse's fault or misconduct before being granted a divorce.

  9. Non-marital property: property that belongs to only one spouse—also called separate property.

  10. Notice: the formal legal process of informing one spouse about a legal action or proceeding involving that spouse.

  11. Pendente lite: temporary arrangements for dealing with divorce-related issues, such as custody, child support, child visitation, alimony, and use and possession of the family home. These orders remain in place until the court issues a final order based on the parties' agreement or after a hearing/trial.

  12. Petitioner: the spouse who filed the divorce petition—also called the plaintiff

  13. Prenuptial agreement: a contract signed by the spouses before the marriage, setting out each spouse's rights to property and assets in the case of a divorce.

  14. Writ of summons: a form issued by the court directing a party to respond to a complaint, motion, or petition.

  15. Respondent: the individual who responds to the petitioner’s filing of a request for a divorce.

If this list prompts you to ask more, I’d be happy to offer a Free 30-minute phone consultation to see if your case is right for mediation. 941.228.8150 I’m here for you every step of the way. Don’t hesitate to reach out.