Divorce Process Words to Know

Divorce can be a challenging and overwhelming process, with your future often hinging on crucial court decisions. To better navigate this journey, it’s important to familiarize yourself with common divorce terms. Understanding these terms can empower you to communicate effectively with your attorney and make informed decisions.

Alimony

Alimony, or spousal support, may be ordered by a judge in certain situations. It can be provided as periodic payments or as a one-time lump sum. Temporary alimony, also known as alimony pendente lite, may be awarded during the separation period before the divorce trial.

Annulment

An annulment legally declares a marriage invalid, as if it never existed. Grounds for annulment include situations where one party was already married or if the marriage was never consummated.

Child Support

Child support ensures the financial well-being of children post-divorce. The non-custodial parent is typically required to make payments to the custodial parent for the care of their biological children. The term emancipation refers to the age at which child support obligations cease, as determined by state laws.

Deferred Compensation Package

During a divorce, savings and retirement assets, such as 401(k) plans, IRAs, and savings accounts, are classified as part of the deferred compensation package. Courts determine how these assets are divided between spouses.

Joint Custody

When children are involved, custody arrangements are critical.

• Joint Legal Custody: Both parents share decision-making responsibilities regarding the child’s medical care, education, religious upbringing, and everyday needs.
• Joint Physical Custody: The child divides their time between both parents’ homes.

Mediation

Mediation is an alternative to courtroom disputes, where a neutral mediator helps both parties reach an amicable separation agreement. This process is often less stressful and more cost-effective than litigation.

No-Fault Divorce

A no-fault divorce occurs when neither party is held responsible for the breakdown of the marriage. Conversely, a fault divorce involves one spouse accusing the other of misconduct, such as infidelity or abuse, as grounds for the divorce.

Prenuptial Agreement

A prenuptial agreement is a legally binding document created before marriage. It outlines the rights and responsibilities of each spouse in the event of a divorce or death. Premarital assets, including properties or savings acquired before the marriage, are often detailed in this agreement.