Divorce and Family Law Glossary
Santillán Law P.C. has provided this divorce and family Law glossary to help people going through divorce understand the legal terms in common legal usage during a divorce proceeding. This glossary is not and should not be construed as legal advice it is provided for informational purposes only and does not constitute “Legal Advice” For proper legal advice please consult a qualified attorney.
For more information about Divorce Law in Pennsylvania we recommend the following sites
PALawHelp.org – A website providing overviews of Pennsylvania Law including Divorce
State of Pennsylvania – Specific laws as enacted by the Pennsylvania General Assembly regarding Divorce
Survive Divorce – A group providing divorce support and advice
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- AlimonyFinancial payments made to help support a spouse or former spouse during separation or following divorce. Also called spousal support or spousal maintenance. Read More
- Alternative Dispute Resolution (ADR)Methods of resolving legal disputes without going to trial, in a less adversarial manner, such as through arbitration or mediation. Read More
- ArrearageThe amount of money that is past due for child or spousal support. Read More
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- Child SupportMoney that a non-custodial parent pays to the custodial parent for their child(ren)’s support. Read More
- Child support guidelinesGuidelines 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. Read More
- CustodyHaving 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. Read More
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- DecreeThe court’s written order or decision finalizing the divorce, often issued in conjunction with the court’s judgment. Read More
- Default (divorce)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. Read More
- Defendant (Family Law)The person against whom legal papers are filed, also sometimes referred to as the respondent. Read More
- DepositionPart 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. Read More
- DiscoveryThe information-exchanging process of a legal proceeding, including serving and answering interrogatories and requests for production of documents, and taking depositions. Read More
- DissolutionAnother word for divorce, which is the legal termination of a marriage relationship. Read More
- DivorceThe legal termination of a marriage relationship. Read More
- Domestic ViolencePhysical abuse or threats of abuse occurring between members of the same household. Read More
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- Equitable DistributionA division of property that is fair in view of all of the circumstances. Equitable does not necessarily mean an equal 50/50 split. Read More
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- Family LawThe area of law dealing with family relations including divorce, adoption, paternity, custody, and support Read More
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- InterrogatoriesWritten questions served by the opposing party that must be answered in writing as part of the discovery process. Read More
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- Joint legal custodyThe sharing, by both parents, of the right to make important decisions about a child’s welfare. Read More
- Joint physical custodyThe sharing, by both parents, of the actual physical care and custody of a child. Read More
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- Legal CustodyThe right to make important decisions about the raising of your child, on issues such as health care, religious upbringing, education, etc. Read More
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- Marital PropertyGenerally, all property acquired during the marriage. Read More
- MediationA 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. Read More
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- Non-custodial parentThe parent who does not have physical custody of the child(ren). Read More
- Non-marital propertyGenerally, property owned by either spouse prior to marriage or acquired by them individually, such as by gift or inheritance, during the marriage. Read More
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- PACER (Public Access to Court Electronic Records)A service provided by the court system that gives case filing information. PACER requires an IBM-compatible computer equipped with internet access. Read More
- PetitionerOften, the person who initiates divorce or marriage dissolution proceedings, also called the plaintiff. Read More
- Physical CustodyThe day-to-day rights and responsibilities associated with having your child in your home and being responsible for his or her care and upbringing. Read More
- PlaintiffThe person who initiates legal proceedings, often called the petitioner in family law matters. Read More
- Premarital agreementAn 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. Read More
- Prenuptial agreementAn 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. Read More
- Pro ratalegal term, from Latin, meaning proportionately. Read More
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- Qualified Domestic Relations Order (QDRO)Pronounced “kwah-dro,” an order issued by the court to divide retirement benefits. Read More
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- RespondentThe person who answers a petition in a legal proceeding, sometimes also referred to as the defendant. Read More
- Restraining orderAn 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. Read More
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- Settlement ConferenceA meeting at which the parties and their lawyers attempt to settle the case before trial, often ordered by the court. Read More
- Split CustodyA 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. Read More
- Spousal support or maintenanceFinancial payments made to help support a spouse or former spouse during separation or following divorce. Also called alimony Read More
- StipulationAn 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. Read More
- SupportThe term "support" includes food, shelter, clothing, medical and dental care, education, and the like. Generally, the amount of an item of support will be the amount of expense incurred by the one furnishing such item. Read More
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- VisitationThe time that a noncustodial parent spends with his or her child(ren). Read More
More Resources From The Web
Article from Mass Mutual – Divorce Alternatives
DivorceMag Online – The Uncontested Divorce also known as “Peaceful Divorce”
Psycom.net – The Psychology of Divorce and the Pursuit of Happiness
Up Journey – How to ask for a divorce peacefully
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