Family Law office of Carla A. Vandermate
Santa Clara County Family Court
Thomson - West (formerly West Group)
Teen and Family Counseling Center
Business and Finance
Government Divorce Glossary * Attorney at Law Phone: 408-289-8400 The family law office of Carla A. Vandermate, Attorney at Law, represents residents of Silicon Valley and the San Francisco Bay Area, including communities such as San Jose, Counties
Source: "Divorce Glossary" published at FindLaw.
Following is a glossary of terms and phrases related to divorce and the divorce process
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 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 prior to 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, often called the petitioner in family law matters
Premarital agreement An agreement 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 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, 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, 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 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)
*Source: "Divorce Glossary" published at FindLaw.
Cell phone: 408-480-7088