The Essential Glossary: Navigating Divorce and Inheritance Your Comprehensive Guide to the Top 100 Most Important Terms in Divorce and Inheritance
Please note: This glossary is intended for informational purposes only and should not be considered legal advice. For personalized legal guidance, consult a qualified attorney.
A Adoption
Adoption is a legal process where a person or a couple becomes the legal parent(s) of a child who is not their biological child. This means that the adoptive parent(s) take on all the rights and responsibilities of a biological parent, and the child becomes a permanent member of their family. Adoption is typically done when the biological parents are unable or unwilling to care for the child, or when it is in the best interest of the child to be placed with a different family.
Alimony
Alimony, also known as spousal support or maintenance, refers to the financial support that one spouse may be required to pay to the other spouse after a divorce or separation. It is a way to help the lower-earning or non-earning spouse maintain a similar standard of living they had during the marriage. The amount and duration of alimony are determined by factors such as the length of the marriage, the earning capacity of each spouse, and their financial needs. Alimony can be paid in a lump sum or on a regular basis, and it may be temporary or permanent depending on the circumstances.
Annulment
Annulment is a legal process that declares a marriage to be invalid or void from the beginning, as if it never happened. It is different from a divorce because it treats the marriage as if it never existed, rather than ending a valid marriage. Annulments are usually granted when there are specific grounds, such as fraud, bigamy, or one of the spouses being underage or unable to consent to the marriage.
Asset Division
Asset Division refers to the process of dividing the property and assets between spouses when they get divorced. This includes things like money, real estate, vehicles, investments, and personal belongings. The goal is to ensure a fair and equitable distribution of these assets between the two parties.
B Beneficiary
In divorce and family law, a beneficiary refers to a person who is entitled to receive certain benefits, rights, or assets under a legal document, such as a will, trust, or insurance policy. In the context of divorce, a beneficiary may include a former spouse who is entitled to receive alimony, child support, or other financial support from the other party. The specific rights and benefits that a beneficiary is entitled to will depend on the terms of the legal document or court order.
Bequest
Bequest is a term used in divorce and family law to refer to the act of leaving property or assets to someone in a will. It is a legal way for a person to specify who should receive their possessions after they pass away. In the context of divorce, bequests can be important when determining how property is divided between spouses if one of them has received an inheritance through a bequest.
Binding Financial Agreement
Binding Financial Agreement: A legally binding contract entered into by parties in a relationship, either before, during, or after marriage or a de facto relationship, to determine how their property and financial matters will be divided in the event of separation or divorce. This agreement allows the parties to have control over their financial affairs and can provide certainty and protection in the event of a relationship breakdown. It is important to seek legal advice before entering into a binding financial agreement, as it can have significant consequences for both parties.
C Child Custody
In the context of divorce and family law, child custody refers to the legal and physical responsibility for a child after the parents separate or divorce. It determines who will make important decisions about the child's upbringing, such as education and healthcare, and where the child will live. Child custody can be awarded to one parent (sole custody) or both parents (joint custody), depending on what is considered in the best interest of the child.
Child Support
A legal obligation in divorce and family law cases where one parent is required to financially support their child or children. This support is typically paid by the non-custodial parent to the custodial parent to help cover the costs of raising the child, including expenses for food, clothing, education, healthcare, and other basic needs. The amount of child support is determined based on various factors, such as the income of the parents, the needs of the child, and the custody arrangements. Child support is generally intended to ensure that both parents contribute to the financial well-being of their child and to provide for the child's best interests.
Child Support Agency
A government agency responsible for ensuring that non-custodial parents provide financial support for their children. The agency calculates the amount of child support based on factors such as the non-custodial parent's income and the needs of the child. It then enforces the payment of child support by collecting payments from the non-custodial parent and distributing them to the custodial parent. The Child Support Agency helps to ensure that children receive the financial support they need to meet their basic needs and maintain a reasonable standard of living.
Child Support Enforcement
Child Support Enforcement refers to the legal process of ensuring that a non-custodial parent fulfills their financial obligations towards their child. This typically involves the collection and distribution of child support payments, as ordered by the court, to the custodial parent. The purpose of child support enforcement is to protect the best interests of the child by ensuring they receive the financial support they need for their well-being and upbringing.
Cohabitation Agreement
A legal contract entered into by unmarried couples who live together, outlining their rights and responsibilities during their relationship and in the event of a separation or breakup. It typically covers issues such as property division, financial support, and child custody. The purpose of a cohabitation agreement is to provide clarity and protection for each partner in case the relationship ends.
Collaborative Divorce
Collaborative Divorce is a process where couples who are getting divorced work together with their lawyers to reach an agreement without going to court. It involves open communication, negotiation, and problem-solving. The goal is to find a fair solution that meets the needs and interests of both parties, while minimizing conflict and stress.
Community Property
In the context of divorce and family law, community property refers to the assets and debts that are acquired by a married couple during their marriage. This includes income, property, and other financial resources obtained by either spouse. In community property states, such as California, Texas, and Arizona, these assets and debts are considered to be jointly owned by both spouses, regardless of who earned or acquired them. Upon divorce, community property is typically divided equally between the spouses, unless they agree otherwise or a court decides otherwise.
Custody Agreement
A legal document that outlines the arrangements for the care and upbringing of a child or children after the parents' divorce or separation. It includes details about where the child will live, visitation schedules, decision-making authority, and other important matters related to the child's well-being. The custody agreement is typically created and agreed upon by both parents, with the best interests of the child as the primary consideration.
D De Facto Relationship
A de facto relationship refers to a domestic partnership between two people who are not legally married but live together in a committed and intimate relationship. In divorce and family law, a de facto relationship is recognized as a significant relationship, similar to a marriage, and is subject to certain legal rights and obligations, such as property division and financial support, in the event of a breakup. The specific criteria for establishing a de facto relationship may vary depending on the jurisdiction.
Decree of Dissolution
A legal document issued by a court that officially ends a marriage or civil partnership. It outlines the terms of the divorce, such as division of property, child custody, child support, and spousal support. Once the decree of dissolution is granted, the marriage is legally terminated, and both parties are free to remarry or enter into new legal relationships.
Deed Transfer
The legal process of transferring ownership of a property from one person to another. In the context of divorce and family law, a deed transfer may occur when a couple decides to divide their property as part of their divorce settlement. This involves one spouse transferring their ownership rights in a property to the other spouse, usually through a quitclaim deed or a warranty deed. The purpose of a deed transfer is to ensure that the property is properly and legally transferred to the new owner, and to establish clear ownership rights after the divorce.
Discovery Process
A legal procedure in divorce and family law cases where both parties are required to disclose relevant information and evidence to each other. This process allows each party to gather facts and evidence to support their claims and defenses. It typically involves the exchange of documents, written questions (interrogatories), and oral testimony (depositions). The purpose of the discovery process is to promote fairness and ensure that both parties have access to all relevant information before going to trial or reaching a settlement.
Divorce Agreement
A legal document that outlines the terms and conditions agreed upon by both parties involved in a divorce. It typically covers important matters such as property division, child custody and visitation, child support, spousal support, and any other relevant issues. The agreement is created to provide clarity and ensure that both parties understand their rights and responsibilities after the divorce is finalized.
Divorce Certificate
A legal document that confirms the end of a marriage. It is issued by a court or government authority and serves as proof that a divorce has been granted. The certificate typically includes information such as the names of the former spouses, the date the divorce was finalized, and the court or authority that granted the divorce. It is an important document that may be needed for various purposes, such as changing one's legal status, updating identification documents, or remarrying.
Divorce Mediation
A process where a neutral third party, called a mediator, helps couples going through a divorce to reach agreements on important issues such as child custody, visitation, property division, and spousal support. The mediator facilitates communication between the spouses and helps them work together to find mutually acceptable solutions. The goal of divorce mediation is to promote cooperation and reduce conflict, allowing the couple to make decisions about their divorce without going to court.
Divorce Petition
A legal document filed by one spouse to initiate the process of getting a divorce. It outlines the reasons for the divorce, such as irreconcilable differences or misconduct, and may also include requests for child custody, spousal support, and division of assets. The petition serves as the initial step in the divorce proceedings and notifies the other spouse that a divorce is being sought.
Domestic Partnership
A legal relationship between two individuals who live together and share a domestic life, similar to marriage. Domestic partnerships are often available to same-sex couples or unmarried opposite-sex couples. In divorce and family law, a domestic partnership can have similar legal implications as marriage, including issues related to property division, child custody, and support.
E Emancipation
Emancipation is a legal process where a minor child is declared to be legally independent from their parents or guardians. This means that the child is no longer under their parents' control and is responsible for their own decisions and actions. Emancipation can be granted by a court if the child is able to show that they are mature enough and capable of taking care of themselves without the need for parental guidance or support. Once emancipated, the child has the right to make their own decisions regarding matters such as education, healthcare, and finances.
Equitable Distribution
Equitable Distribution refers to the fair division of assets and liabilities between spouses during a divorce. Instead of splitting everything in half, the court considers various factors such as each spouse's financial situation, contributions to the marriage, and future needs. The goal is to ensure a fair and just distribution of property and debts, taking into account the specific circumstances of the couple.
Equity
Equity refers to the fair and just division of assets and liabilities between spouses during a divorce. It takes into account various factors such as the length of the marriage, each spouse's financial contributions, and their future needs. The goal of equity is to ensure that both parties receive a fair share of the marital property, taking into consideration the unique circumstances of their relationship and individual circumstances.
Estate Planning
The process of making arrangements for what will happen to a person's assets and belongings after they pass away. This can include creating a will, establishing trusts, and naming beneficiaries for life insurance policies and retirement accounts. In the context of divorce and family law, estate planning may involve updating or revising existing estate plans to reflect changes in marital status or to ensure that assets are distributed according to the individual's wishes in the event of divorce or separation.
Estate Tax
A tax imposed on the transfer of property from a deceased person to their heirs or beneficiaries. In the context of divorce and family law, estate tax may be relevant when dividing assets during the divorce process, as it can impact the value of the estate being divided between the spouses.
Ex Parte
A legal term used in divorce and family law to describe a situation where a court makes a decision or grants an order based on the arguments and evidence presented by only one party, without the other party being present or given an opportunity to respond. This typically occurs in urgent or emergency situations where immediate action is required to protect the rights or safety of one of the parties involved. The court's decision in an ex parte proceeding is usually temporary and subject to further review or modification.
F Family Law
A branch of law that deals with legal matters related to family relationships, including marriage, divorce, child custody, child support, adoption, and domestic violence. It establishes the rights and responsibilities of family members and provides a framework for resolving disputes and protecting the best interests of the individuals involved. Family law aims to promote stability and fairness within families and ensure the well-being of all family members.
Family Patrimony
Family Patrimony refers to the assets and property that a married couple acquires during their marriage. This includes items like the family home, furniture, vehicles, and other valuable possessions. In the event of a divorce, the family patrimony is subject to division between the spouses, ensuring that both parties receive a fair share of the assets. The goal is to protect the economic stability and well-being of both spouses and any children involved.
Fiduciary Duty
In divorce and family law, fiduciary duty refers to the legal obligation that each spouse has to act in the best interest of the other spouse and their children. This duty requires spouses to be honest, transparent, and fair in their financial dealings and to avoid any actions that could harm the other spouse financially. It includes responsibilities such as fully disclosing all assets, debts, and income, and making decisions that prioritize the well-being and financial security of the family.
Financial Affidavit
A document that provides a detailed summary of a person's financial situation, including income, expenses, assets, and debts. In the context of divorce and family law, each party is typically required to complete a financial affidavit to ensure transparency and accuracy in the division of assets and determination of financial support. This document helps the court make informed decisions regarding property division, alimony, child support, and other financial matters related to the divorce proceedings.
Financial Disclosure
In the context of divorce and family law, financial disclosure refers to the process of providing detailed information about one's financial circumstances to the other party and the court. This typically includes disclosing income, assets, debts, and expenses. The purpose of financial disclosure is to ensure transparency and fairness in the division of marital property and determination of financial support, such as alimony or child support. It helps both parties and the court make informed decisions about financial matters during the divorce proceedings.
Forensic Accounting
Forensic Accounting is a specialized field of accounting that involves investigating financial matters in legal cases, such as divorce. A forensic accountant uses their skills to analyze financial records, identify hidden assets or income, and determine the value of marital property. They may also provide expert testimony in court to help resolve financial disputes.
G Grandparent Rights
Grandparent Rights refer to the legal rights that grandparents may have to visit or have custody of their grandchildren. These rights are typically granted when it is deemed to be in the best interest of the child to maintain a relationship with their grandparents, even if the parents are divorced or separated. Grandparent Rights laws vary by jurisdiction, but they generally aim to protect the grandparent-grandchild relationship when the parents are unable or unwilling to facilitate it.
Guardian ad Litem
A Guardian ad Litem (GAL) is a person appointed by the court to represent the best interests of a child in a divorce or family law case. The GAL acts as a neutral advocate for the child, gathering information about the child's situation and making recommendations to the court regarding custody, visitation, and other matters that affect the child's well-being. The GAL's role is to ensure that the child's voice is heard and that their best interests are protected throughout the legal process.
Guardianship
Guardianship refers to the legal authority granted to an individual to make decisions and take care of a child's well-being when the child's parents are unable to do so. This can occur in cases where the parents are divorced or separated, or if they are unable to fulfill their parental responsibilities due to illness, incarceration, or other circumstances. The appointed guardian is responsible for providing for the child's physical, emotional, and financial needs, and making important decisions on their behalf, such as education, healthcare, and living arrangements.
H Holographic Will
A holographic will is a type of will that is written entirely in the handwriting of the person making the will, also known as the testator. Unlike a traditional will, a holographic will does not need to be witnessed by others. However, it must be entirely handwritten by the testator and include their signature. In divorce and family law, a holographic will may be relevant if one party to a divorce or separation wishes to make changes to their will without involving a lawyer or witnesses. It is important to note that the requirements for a valid holographic will can vary depending on the jurisdiction.
I Inheritance Law
Inheritance Law refers to the set of rules and regulations that determine how a person's property and assets are distributed after their death. In the context of divorce and family law, it specifically deals with how inherited property is treated during the division of assets between spouses. These laws vary depending on the jurisdiction, but generally, inherited property is considered separate property and is not subject to division during a divorce unless it has been commingled or converted into marital property.
Injunction
A court order that requires someone to do or stop doing a specific action. In the context of divorce and family law, an injunction can be issued to prevent one party from taking certain actions, such as selling marital property or removing children from the jurisdiction, until the court makes a final decision on the matter. It is a way to maintain the status quo and protect the rights and interests of both parties during the divorce process.
Intestate
Intestate refers to the legal status of a person who dies without having made a valid will. In the context of divorce and family law, intestate typically refers to the distribution of the deceased person's property and assets. When someone dies intestate, the laws of the state or jurisdiction where they lived will determine how their property is divided among their heirs. This is different from dying with a valid will, where the deceased person's wishes regarding their property distribution are outlined in the will.
Irrevocable Trust
A legal arrangement in which assets are transferred to a trustee who manages them for the benefit of designated beneficiaries. Once established, an irrevocable trust generally cannot be changed or revoked without the consent of all parties involved, including the beneficiaries. In the context of divorce and family law, an irrevocable trust may be used to protect assets from being divided or distributed during divorce proceedings. However, it is important to note that the court may still consider the trust's assets when determining the division of marital property, especially if there is evidence of fraudulent intent or an attempt to hide assets.
J Joint Custody
A legal arrangement in which both parents share the responsibility and authority for making decisions about their child's upbringing and welfare. This typically includes decisions about education, healthcare, and religious upbringing. In joint custody, the child spends significant time with both parents, allowing them to have an ongoing and active role in their child's life.
Joint Tenancy
A legal arrangement where two or more people own a property together. In the context of divorce and family law, joint tenancy refers to a situation where both spouses have equal ownership rights to a property. This means that if one spouse passes away, the other spouse automatically becomes the sole owner of the property. In the event of a divorce, joint tenancy can complicate property division because both spouses have equal rights to the property and may need to come to an agreement on how to divide it.
Jurisdiction
Jurisdiction refers to the authority of a court to hear and decide a legal case. In the context of divorce and family law, it determines which court has the power to make decisions about issues such as child custody, child support, and property division. Jurisdiction is typically based on factors such as where the parties reside or where the marriage took place. It is important to establish jurisdiction in order for a court to have the legal authority to make rulings in a divorce or family law case.
K Kinship Guardianship
A legal arrangement where a family member, such as a grandparent, aunt, or uncle, is granted legal custody and responsibility for a child when the child's parents are unable to care for them. This can occur in situations such as divorce, where the court determines that it is in the best interest of the child to live with a relative instead of one or both parents. The kinship guardian assumes the role of a parent and is responsible for making decisions about the child's welfare, education, and healthcare.
L Legal Custody
In the context of divorce and family law, legal custody refers to the authority and responsibility of making important decisions about a child's upbringing and welfare. This includes decisions about the child's education, healthcare, religion, and general well-being. The parent with legal custody has the right to make these decisions, either independently or in consultation with the other parent, depending on the specific terms of the custody arrangement. Legal custody does not necessarily determine where the child will live or the amount of time the child will spend with each parent.
Legal Guardian
A legal guardian is a person who has been appointed by a court to have legal responsibility for the care and well-being of a child. This can happen in situations where the child's parents are unable or unwilling to fulfill their parental duties. The legal guardian has the authority to make important decisions on behalf of the child, such as regarding their education, healthcare, and general welfare. They are responsible for providing a safe and nurturing environment for the child and ensuring their best interests are protected.
Legal Separation
A legal arrangement in which a married couple decides to live apart while still remaining legally married. During a legal separation, the couple may address important issues such as child custody, spousal support, and division of assets and debts. Unlike a divorce, a legal separation does not dissolve the marriage, but it provides a framework for the couple to separate their lives and resolve their legal rights and responsibilities.
Liquid Assets
In the context of divorce and family law, liquid assets refer to the financial resources that can be easily converted into cash within a short period of time without significant loss in value. These assets include cash, savings accounts, checking accounts, stocks, and bonds. Liquid assets are important in divorce cases as they are considered when determining the division of property and the calculation of spousal support or child support payments.
M Maintenance
Maintenance, also known as alimony or spousal support, refers to the financial support that one spouse may be required to provide to the other spouse after a divorce or separation. The purpose of maintenance is to help ensure that both spouses can maintain a reasonably similar standard of living following the end of their marriage. The amount and duration of maintenance payments are usually determined based on factors such as the length of the marriage, the financial needs of each spouse, and their respective earning capacities.
Marital Assets
In the context of divorce and family law, marital assets refer to the property and possessions that a couple acquires during their marriage. This can include real estate, vehicles, bank accounts, investments, and other valuable items. Marital assets are subject to division between the spouses during divorce proceedings, typically based on the principle of equitable distribution.
Marital Debt
Marital Debt refers to any debts that are acquired by a couple during their marriage. This can include things like credit card debt, mortgage loans, car loans, or any other type of debt that the couple has taken on together. In the context of divorce, marital debt is typically divided between the spouses based on factors such as who incurred the debt, the purpose of the debt, and the ability of each spouse to repay the debt.
Marital Settlement Agreement
Marital Settlement Agreement: A legal document that outlines the terms and conditions agreed upon by a divorcing couple regarding important issues such as property division, child custody, visitation, child support, and spousal support. This agreement is usually negotiated and agreed upon by both parties with the help of their respective attorneys, and once signed, it becomes a binding contract that governs the rights and responsibilities of each spouse after the divorce is finalized.
Matrimonial Causes Act
Matrimonial Causes Act refers to a law that governs the legal aspects of divorce and other matters related to marriage. It outlines the procedures and rules that must be followed when couples decide to end their marriage, including grounds for divorce, division of property, child custody, and financial support. The Act provides a framework for resolving disputes and ensuring fairness in the process of ending a marriage.
Matrimonial Home
The place where a married couple lives together as a family. In the context of divorce and family law, the matrimonial home refers to the property that was used as the family residence during the marriage. It can be a house, apartment, or any other type of dwelling. The matrimonial home holds a special legal status and may have specific rules regarding ownership, division, and rights of occupancy in the event of a divorce or separation.
Mediation Process
A method used in divorce and family law to help couples resolve their disputes and reach agreements without going to court. During mediation, a neutral third party, known as a mediator, assists the couple in discussing their issues and finding mutually acceptable solutions. The mediator does not make decisions for the couple but helps facilitate communication and negotiations. The goal of mediation is to promote cooperation and reach a fair and satisfactory resolution for both parties.
Modification of Support
Modification of support refers to the process of changing the amount of financial support that one party provides to the other party in a divorce or family law case. This typically involves a request to the court to modify an existing support order due to a significant change in circumstances, such as a change in income, employment status, or the needs of the parties involved. The court will review the request and may adjust the amount of support to better reflect the current situation and ensure fairness for both parties.
N No-Fault Divorce
A type of divorce where neither party is required to prove that the other party did something wrong or is at fault for the breakdown of the marriage. Instead, it is enough for one or both spouses to state that the marriage is irretrievably broken or that there are irreconcilable differences. This means that a couple can get a divorce without blaming each other for the end of the marriage.
Non-Custodial Parent
In divorce and family law, the non-custodial parent refers to the parent who does not have primary physical custody of the child or children. This means that the child primarily resides with the other parent, known as the custodial parent. The non-custodial parent typically has visitation rights or parenting time with the child, as determined by a court order or a mutually agreed-upon parenting plan. The non-custodial parent may also be responsible for paying child support to the custodial parent to help financially support the child.
Non-Marital Property
In the context of divorce and family law, non-marital property refers to assets and debts that are considered to be owned solely by one spouse and are not subject to division during a divorce. This includes property and debts that were acquired before the marriage, as well as gifts and inheritances received by one spouse during the marriage. Non-marital property is typically excluded from the division of assets and is retained by the spouse who owns it.
Notarization
The process of having a document officially certified by a notary public, who is a neutral third party authorized by the government to verify the authenticity of signatures and witness the signing of important legal documents. Notarization helps ensure that the document is genuine and that the parties involved have willingly and knowingly signed it. In the context of divorce and family law, certain documents such as affidavits, agreements, or consent forms may need to be notarized to be considered valid and legally binding.
O Order of Protection
A legal document issued by a court to protect someone from harm or harassment by another person. In the context of divorce and family law, an Order of Protection is often sought by an individual who believes they are at risk of domestic violence or abuse from their spouse or family member. The order typically sets boundaries and restrictions on the alleged abuser, such as prohibiting contact, requiring them to stay away from the protected person's home or workplace, and may also grant temporary custody of children or pets. Violation of an Order of Protection can result in legal consequences, including arrest and potential criminal charges.
P Palimony
Palimony is a term used to describe the financial support that one unmarried partner may be entitled to receive from the other partner after their relationship ends. It is similar to alimony or spousal support in a divorce, but it applies to couples who were not legally married. Palimony is typically awarded when there was an agreement or understanding between the partners that one would support the other financially.
Parental Rights
Parental Rights are the legal rights and responsibilities that a parent has towards their child. These rights include the right to make decisions about the child's upbringing, such as where they live, go to school, and receive medical care. Parental rights also involve the right to have a relationship with the child and to participate in important events in their life. In the context of divorce and family law, parental rights may be determined through a custody agreement or court order, and they can be shared or granted to one parent depending on the best interests of the child.
Parenting Plan
A parenting plan is a legal document that outlines the arrangements and responsibilities for the care and upbringing of children when their parents are divorced or separated. It includes details such as custody, visitation schedules, decision-making authority, and other important matters related to the children's well-being. The purpose of a parenting plan is to ensure that both parents have a clear understanding of their roles and to promote a healthy co-parenting relationship for the benefit of the children involved.
Paternity Test
A paternity test is a scientific test used to determine the biological father of a child. It involves analyzing the DNA of the child and potential fathers to establish a biological relationship. This test is often used in cases where there is uncertainty or dispute regarding the identity of the child's father, such as in divorce or child custody proceedings. The results of a paternity test can have significant legal implications, as they may impact issues such as child support, visitation rights, and parental responsibility.
Pension Rights After Divorce
Refers to the division of retirement benefits between spouses following a divorce. In many cases, one spouse may be entitled to a share of the other spouse's pension or retirement account. This division is typically determined by the court and may involve the use of a Qualified Domestic Relations Order (QDRO) to ensure that the non-employee spouse receives their portion of the pension benefits. The purpose is to provide financial support and security for both spouses after the divorce.
Power of Attorney
A legal document that allows one person (known as the "principal") to give another person (known as the "attorney-in-fact" or "agent") the authority to act on their behalf. In the context of divorce and family law, a power of attorney may be used to grant someone the power to make important decisions or handle legal matters related to the divorce, such as signing documents or attending court hearings, when the principal is unable to do so themselves.
Prenuptial Agreement
A legal contract made by a couple before they get married or enter into a civil partnership. It outlines how their assets, debts, and other financial matters will be divided if they decide to separate or divorce in the future. It can also address other issues such as spousal support and property rights. The purpose of a prenuptial agreement is to provide clarity and protection for both parties in the event of a relationship breakdown.
Probate
Probate is a legal process that happens after someone passes away. It involves proving in court that a deceased person's will is valid and that their assets and property are distributed correctly. In the context of divorce and family law, probate may come into play if one or both spouses pass away during the divorce process. It ensures that any property or assets owned by the deceased spouse are distributed according to their will or state laws.
Property Appraisal
A process used in divorce and family law cases to determine the value of assets and properties owned by the couple. This involves hiring a professional appraiser who assesses the fair market value of the property, taking into account factors such as location, condition, and comparable sales. The appraisal helps in the equitable division of property and assists the court in making decisions regarding property settlements and asset distribution during divorce proceedings.
Property Settlement Agreement
A legally binding agreement between divorcing spouses that outlines how their marital property and debts will be divided. This agreement typically includes details about the distribution of assets such as houses, cars, bank accounts, and investments, as well as the allocation of debts. It aims to provide a fair and equitable division of property, taking into consideration factors such as the length of the marriage, each spouse's financial contributions, and their future needs. The agreement is usually negotiated and agreed upon by both parties with the assistance of their attorneys, and once approved by the court, it becomes a legally enforceable document.
Q QDRO (Qualified Domestic Relations Order)
A QDRO is a legal order issued by a court that allows for the division of retirement benefits between divorcing spouses. It is used in the context of divorce and family law to ensure that each spouse receives their fair share of any retirement benefits earned during the marriage. The QDRO specifies how the benefits will be divided and provides instructions for the retirement plan administrator to make the necessary distributions.
Qualified Terminable Interest Property (QTIP) Trust
A legal arrangement in which a person sets aside property to be managed by a trustee for the benefit of their spouse during their lifetime. After the spouse's death, the remaining property in the trust goes to the beneficiaries chosen by the original person who created the trust. This type of trust allows the person creating it to provide for their spouse while also controlling who will ultimately receive the remaining property upon the spouse's death.
R Reconciliation
Reconciliation in the context of divorce and family law refers to the act of a married couple deciding to resume their marital relationship and live together again after separating or filing for divorce. It involves both parties making a mutual effort to resolve their differences and rebuild their relationship. Reconciliation can occur at any stage of the divorce process, before or after a divorce case has been filed or even after a divorce has been finalized.
Restraining Order
A legal order issued by a court to protect someone from harm or harassment. In the context of divorce and family law, a restraining order is often used to prevent one party from contacting or approaching the other party or their children. It aims to provide a sense of safety and security by setting boundaries and prohibiting certain behaviors, such as physical abuse, threats, or stalking. Violating a restraining order can result in legal consequences.
Revocable Trust
A legal arrangement where a person (known as the grantor) transfers their assets into a trust, which is managed by a trustee for the benefit of the grantor and potentially other beneficiaries. The grantor retains the ability to modify or terminate the trust during their lifetime. In the context of divorce and family law, a revocable trust may be subject to division or distribution during the process of property division in a divorce settlement.
S Separate Maintenance
Separate Maintenance refers to a legal arrangement in which a married couple lives apart but remains legally married. It is similar to a legal separation, where the couple divides their assets, determines child custody and support, and establishes spousal support, but without officially ending the marriage. Separate maintenance allows the couple to live separately while still maintaining certain legal obligations and benefits of marriage.
Separate Property
Separate Property refers to any property or assets that are owned by an individual before marriage or acquired during the marriage through certain means, such as inheritance or gifts. In the context of divorce and family law, separate property is typically not subject to division between spouses during the divorce process. This means that if a couple gets divorced, each spouse generally keeps their own separate property, without having to share it with the other spouse. However, it is important to note that the rules regarding separate property can vary depending on the jurisdiction and specific circumstances of the case.
Separation Agreement
A legally binding document that outlines the terms and conditions agreed upon by a couple who have decided to separate or divorce. It covers important matters such as division of property, child custody and visitation, child support, spousal support, and any other relevant issues. The purpose of a separation agreement is to provide clarity and structure to the separation process, ensuring that both parties understand their rights and responsibilities during this time.
Settlement Conference
A meeting where the parties involved in a divorce or family law case, along with their attorneys, come together to try and reach an agreement on the issues in dispute. The purpose of the settlement conference is to encourage communication and compromise, with the goal of resolving the case without the need for a trial. The parties present their positions, discuss potential solutions, and may negotiate and make compromises in order to reach a settlement that is acceptable to all parties involved.
Shared Custody
A type of child custody arrangement in which both parents have equal or near-equal time and responsibility for the care and upbringing of their children after a divorce or separation. In shared custody, the children typically spend a significant amount of time with each parent, allowing for a more balanced and involved parenting arrangement. This arrangement requires effective communication and cooperation between the parents to make important decisions regarding the children's welfare and upbringing.
Spousal Maintenance
Spousal Maintenance, also known as alimony or spousal support, refers to the financial assistance that one spouse may be required to provide to the other after a divorce or separation. It is typically awarded to ensure that the lower-earning or non-working spouse can maintain a similar standard of living as they had during the marriage. The purpose of spousal maintenance is to help the recipient spouse become financially independent over time, although the duration and amount of support can vary depending on factors such as the length of the marriage, the earning capacity of each spouse, and any economic hardships faced by either party.
Spousal Support
Spousal Support, also known as alimony or spousal maintenance, refers to the financial assistance provided by one spouse to the other after a divorce or separation. It is meant to help the lower-earning or non-earning spouse maintain a similar standard of living as they had during the marriage. The amount and duration of spousal support can vary depending on factors such as the length of the marriage, the earning capacity of each spouse, and their respective financial needs.
Survivorship
Survivorship in the context of divorce and family law refers to the legal principle that if one spouse passes away during the divorce process, the divorce case is terminated. This means that the surviving spouse cannot continue with the divorce proceedings and any unresolved issues, such as property division or support, may be affected. Survivorship is important to consider when planning for divorce, as it can impact the outcome of the case if one spouse were to pass away before the divorce is finalized.
T Tax Implications of Divorce
Refers to the financial consequences that arise from getting a divorce and how it affects your taxes. This includes considerations such as how to file your taxes, claiming dependents, division of assets, alimony, child support, and any potential tax deductions or credits that may be affected. It is important to understand the tax implications of divorce to properly plan and navigate the financial aspects of the separation.
Temporary Custody
In divorce and family law, temporary custody refers to the legal arrangement that determines where a child will live and who will make decisions regarding their care on a temporary basis while the divorce or custody proceedings are ongoing. It is a temporary solution until a final custody agreement or court order is established. Temporary custody is typically based on the best interests of the child and can be granted to one parent or shared between both parents.
Testamentary Trust
A type of trust that is created through a person's will and only takes effect after their death. In the context of divorce and family law, a testamentary trust may be used to provide financial support or manage assets for minor children or other beneficiaries. The terms and conditions of the trust are outlined in the person's will and are legally binding upon their death.
Trustee
In divorce and family law, a trustee is a person appointed to manage and protect assets held in a trust for the benefit of another person or group of people. The trustee has a legal duty to act in the best interests of the beneficiaries and to follow the instructions outlined in the trust document. They are responsible for making decisions regarding the distribution and investment of the trust assets, ensuring that the beneficiaries' rights are upheld, and maintaining accurate records of the trust's activities. The trustee must act with honesty, integrity, and loyalty towards the beneficiaries and may be held accountable for any breach of their fiduciary duties.
U Uncontested Divorce
A type of divorce where both spouses agree on all the important issues, such as child custody, property division, and spousal support, without the need for a court trial. This means that the couple can submit their agreement to the court, and if the court approves it, the divorce can be finalized without further legal proceedings.
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
A law that helps determine which state has the authority to make decisions about child custody and visitation when parents live in different states. It sets rules to prevent multiple states from making conflicting custody orders and promotes cooperation between states in enforcing custody orders. The UCCJEA aims to protect the best interests of the child and ensure that custody disputes are resolved in the most appropriate jurisdiction.
V Valuation of Assets
Valuation of Assets refers to the process of determining the monetary worth or value of all the assets owned by a couple who is going through a divorce. This includes properties, investments, bank accounts, businesses, vehicles, and other valuable possessions. The purpose of valuing assets is to ensure a fair and equitable division of property between the divorcing spouses. Valuation can be done by professional appraisers or financial experts who assess the current market value of each asset based on factors like condition, market demand, and comparable sales.
Visitation Rights
In the context of divorce and family law, visitation rights refer to the legal right of a noncustodial parent to spend time with their child or children. These rights allow the noncustodial parent to have scheduled visits or access to the child, either supervised or unsupervised, as determined by the court or agreed upon by the parents. Visitation rights aim to ensure that both parents maintain a meaningful relationship with their child, even if they are not living together.
Visitation Schedule
A visitation schedule is a plan that outlines when and how a non-custodial parent can spend time with their child after a divorce or separation. It specifies the days, times, and duration of visitation, as well as any other conditions or restrictions that may apply. The purpose of a visitation schedule is to ensure that both parents have regular and consistent contact with the child while also considering the child's best interests.
Void Marriage
A void marriage is a marriage that is considered invalid from its inception, meaning it is treated as if it never legally existed. This can occur if certain legal requirements for marriage are not met, such as when one of the parties is already married, or if the marriage is between close relatives. In the eyes of the law, a void marriage has no legal effect and is typically treated as if the parties were never married at all.
W Waiver of Rights
A legal document in divorce and family law where a person voluntarily gives up or relinquishes their rights to certain legal protections or entitlements. This can include rights related to property, spousal support, child custody, or any other legal rights associated with the dissolution of a marriage or the resolution of family law issues. By signing a waiver of rights, a person agrees to forego these rights and cannot later claim them in court.
Wills and Trusts
Legal documents that help individuals plan for the distribution of their assets after they pass away. A will is a written document that specifies how a person's property and possessions should be distributed among their beneficiaries. A trust, on the other hand, is a legal arrangement where one person (the trustee) holds and manages assets on behalf of another person (the beneficiary). In the context of divorce and family law, wills and trusts can be important for ensuring that assets are protected and distributed according to the wishes of the individual, especially in cases where there may be disputes or changes in family dynamics.
Witness Statement
A written account provided by an individual who has observed or has knowledge relevant to a divorce or family law case. The witness statement includes factual information and personal observations that can support or clarify the issues being disputed in the case. It is used as evidence in court proceedings to help the judge or jury make informed decisions.