Divorce Term Definitions

Common Words in a Divorce

There are many terms used when completing and working through the divorce process. Here is a list of the terms with definitions.

Alimony - Money a court requires one spouse to pay the other spouse for support before and /or after the divorce is granted. If you do not ask for alimony at the final hearing, you can never get it in the future.

Annulment - A court order declaring that the marriage or civil union is invalid.

Arrearages - Money for court ordered alimony and/or child support which is overdue and unpaid

Automatic Court Orders - Court orders that take effect when the divorce process begins.

Broken Down Irretrievably - The most common reason for granting a divorce. It means there is no hope of getting back together.

Child Support - Money paid by a parent to help meet the financial needs of a child.

Complaint - A legal paper that starts your case and tells the court what you want.

Custody - A court order deciding where a child will live and how decisions about the child will be made. Parents may ask for any custody arrangement that they believe is in the best interest of their child.

Defendant - The person who is served with divorce papers; the person who did not file the divorce in court.

Dissolution/ Divorce - The legal end of a marriage or civil union by a court.

Docket Number - A number the court clerk assigns to a case. It must be used on all future papers filed in the court case.

Filing - Giving the court clerk your legal papers.

Financial Affidavit - A statement of income, expenses, property (called assets) and debts (called liabilities) made under oath.

Income Withholding Order - A court order to deduct child support or alimony payments from someone’s income.

Judgment File - A permanent court record of the court’s final decision.

Legal Separation - A court order describing the conditions under which two people still joined by marriage or civil union will live separately.

No-Fault Divorce - The most common kind of divorce, where neither party needs to prove that the other party caused the marriage or civil union to end.

Parties - The people who are named as plaintiff and defendant on legal papers.

Paternity - Legal fatherhood.

Pendente Lite Order - A court order made before a divorce is granted.

Plaintiff - The person who files for divorce.

Pro Se - For yourself (see “self-represented party”).

Pro Se Divorce - Do it yourself divorce.

Restraining Order - A court order to protect someone from physical abuse or the threat of physical abuse.

Return Date - The date when the divorce action starts in court and when the 90 day waiting period for a divorce begins. Also, the defendant should file an appearance form on or before the 2nd day after the Return Date. Nothing happens in court on the Return Date and no one needs to go to court on the Return Date. The Return Date is always a Tuesday.

Self-Represented Party - A person who decides to speak for, and represent, himself or herself in court.

Service - The legal method for having your spouse given a copy of the court papers being filed, or notice that court action is being taken or has been taken. Service can be made by a state marshal, a constable, or other proper officer authorized by statute.

Spouse - Either person in a marriage or civil union.

Visitation - A court order deciding the amount of time a parent who does not have custody of a child may spend with his or her child; also called parenting time or access.

Court Personnel

To get a divorce, you will need to talk with many people who work in the court system. You will know better what to expect from them after you read the descriptions below.

Caseflow Coordinator - Keeps track of your case and manages the scheduling of hearings and trials.

Court Clerk - Keeps the official court record of your case. The clerk’s office receives all court papers and may assign hearing dates.

Court Interpreter - Translates court hearings from English to another language.

Court Recording Monitor - Records the court hearing on audio tape or disk. Prepares a written record of the hearing for a fee, if requested.

Court Reporter - Types everything said during the court hearing. Prepares a written record of the hearing for a fee, if requested.

Court Service Centers - Self-help centers that provide services for self-represented parties, attorneys, and the community. They are located in Judicial District courthouses and are staffed by Judicial Branch employees. Several Court Service Centers have bilingual staff.

Family Relations Counselor - Mediates disagreements and negotiates agreements in divorce cases. At the request of the judge, a family relations counselor may evaluate a family situation by interviewing each parent and the children in the family and writing a report for the judge, making recommendations about custody and visitation. Works in the Judicial Branch’s CSSD Family Services Office.

Family Support Magistrate - Decides cases involving child support and paternity. Can also enforce court orders involving paternity, child support and alimony.

Judge - Hears and decides cases for the courts.

Judicial Marshal - Responsible for courthouse security including the metal detectors at the entrance of each courthouse and keeps order in each courtroom.

Law Librarian - Keeps legal reference and research materials for public use.

Public Information Desks - Part of the Court Service Center program and located in some Judicial District and Geographical Area courthouse lobbies. These Desks have daily calendar and docket information, court forms, and information about community services.

State Marshal - Can serve copies of the legal papers on the other people named in the lawsuit.

Support Enforcement Officer - Supervises child support payments and brings parents to court to enforce child support orders. May also file legal papers to change or modify child support orders.