glossary of Terms | Family Law
Alimony
Financial payments made to help support a spouse or former spouse during separation or following divorce. Also called spousal support or spousal maintenance.
Alternative dispute resolution (ADR)
Methods of resolving legal disputes without going to trial, in a less adversarial manner, such as through arbitration or mediation.
Arrearage
The amount of money that is past due for child or spousal support.
Child support
Money that a non-custodial parent pays to the custodial parent for their child(ren)'s support.
Child support guidelines
Guidelines established by statute or rule in each jurisdiction that set forth the manner in which child support must be calculated, generally based on the income of the parents and the needs of the children.
Custody
Having rights to your child. Custody can be either legal, which means that you have the right to make important decisions about your child's welfare, or physical, which means that the child lives with and is raised by you.
Decree
The court's written order or decision finalizing the divorce, often issued in conjunction with the court's judgment.
Default
Failing to answer a petition or complaint for divorce. Failing to file an answer or appear in court as required can result in the court awarding everything requested by the filing spouse.
Defendant
The person against whom legal papers are filed, also sometimes referred to as the respondent.
Deposition
Part of the discovery or information-exchanging process of a legal proceeding, in which the attorney for the other party asks you questions, you answer with your attorney present, and a transcript of the proceedings is prepared.
Discovery
The information-exchanging process of a legal proceeding, including serving and answering interrogatories and requests for production of documents, and taking depositions.
Dissolution
Another word for divorce, which is the legal termination of a marriage relationship.
Divorce
The legal termination of a marriage relationship.
Domestic violence
Physical abuse or threats of abuse occurring between members of the same household.
Equitable distribution
A division of property that is fair in view of all of the circumstances. Equitable does not necessarily mean equal.
Interrogatories
Written questions served by the opposing party that must be answered in writing as part of the discovery process.
Joint legal custody
The sharing, by both parents, of the right to make important decisions about a child's welfare.
Joint physical custody
The sharing, by both parents, of the actual physical care and custody of a child.
Legal custody
The right to make important decisions about the raising of your child, on issues such as health care, religious upbringing, education, etc.
Marital property
Generally, all property is acquired during the marriage.
Mediation
A form of alternative dispute resolution (ADR) for resolving legal disputes without going to trial, by the use of a trained and impartial third party who attempts to bring the parties together in mutual agreement.
Non-custodial parent
The parent who does not have physical custody of the child(ren).
Non-marital property
Generally, property owned by either spouse before marriage or acquired by them individually, such as by gift or inheritance, during the marriage.
Physical custody
The day-to-day rights and responsibilities associated with having your child in your home and being responsible for his or her care and upbringing.
Petitioner
Often, the person who initiates divorce or marriage dissolution proceedings also called the plaintiff.
Plaintiff
The person who initiates legal proceedings, is often called the petitioner in family law matters.
Premarital agreement
An agreement is entered into before marriage that sets forth each party's rights and responsibilities should the marriage terminate by death or divorce. Also called a prenuptial agreement.
Prenuptial agreement
An agreement is entered into before marriage that sets forth each party's rights and responsibilities should the marriage terminate by death or divorce. Also called a premarital agreement.
Qualified Domestic Relations Order (QDRO)
Pronounced "kwah-dro," an order issued by the court to divide retirement benefits.
Respondent
The person who answers a petition in a legal proceeding, is sometimes also referred to as the defendant.
Restraining order
An order issued by the court requiring the subject of the order to refrain from doing something, is often issued in conjunction with domestic violence or custody disputes.
Settlement conference
A meeting at which the parties and their lawyers attempt to settle the case before trial, often ordered by the court.
Split custody
A form of custody (generally not looked upon favorably) in which some or one of the parties' children is/are in the custody of one parent and the remaining child(ren) is/are in the custody of the other parent.
Spousal support or maintenance
Financial payments are made to help support a spouse or former spouse during separation or following divorce. Also called alimony.
Stipulation
An agreement entered into by the divorcing spouses that settles the issues between them and is often entered into the court's final order or judgment and decree.
Visitation
The time that a noncustodial parent spends with his or her child(ren).
practice areas
adoption can be a complex process, after all it is the process by which a legal and permanent parent-child relationship is created through a court proceeding. Our adoption attorneys can assist in a consultative role by explaining the overall process, drafting and filing paperwork, and representing you in court to finalize the adoption.
estates & trusts law is a natural fit for our family law and adoption practice. Significant life transitions such as the birth or adoption of a child, marriage or divorce, or the passing of a loved one, remind us that estate plan documents such as a will, may need to be updated, or new documents drafted.
family law when you are experiencing life changes such as marriage, divorce, adoption, the birth of a child, parenting time, or financial challenges due to a job change. We are here to help you move through change, to move forward with your life. We may not be able to address every aspect related to change, such as the emotional impact. We can help with legal aspects when change is necessary or inevitable.