Divorce Glossary
alimony or maintenance or spousal support Payments made by one spouse to the other to assist with the support of the recipient spouse. Payments usually terminate upon the earlier death of either spouse, the remarriage of the recipient spouse, or a date decided by a judge or agreed upon by the husband and wife. Payments received are usually taxable to the recipient spouse and tax-deductible by the paying spouse.
child support A sum of money to be paid by one parent to the other to assist with the support of the couple's children. Child support usually terminates upon a child's emancipation. Unlike alimony, child support is not taxed as income to the recipient.
cohabitation The act of living with someone. In California, cohabitation may be grounds for the reduction or termination of support.
community property All property (and typically income) acquired during the marriage is presumed to belong equally to both parties, unless acquired by gift, inheritance or devise.
dissolution Divorce is dissolution.
garnishment/wage assignment A mechanism whereby support is sent by the paying spouse's employer directly to the recipient spouse and is deducted from the paying spouse's paycheck.
joint custody Sharing the responsibilities for raising children despite a divorce. Joint legal custody can mean the children will live with one parent most of the time, but both parents will make major decisions.
judgement of divorce The written document that states that a husband and wife are divorced. Typically, lawyers or a mediator draft the judgment of divorce for the judge to sign.
order A ruling or "decree" by a judge, made orally or in writing, directing someone to do or refrain from doing something.
petitioner The person who first goes to court in a dissolution to file a request or petition for some kind of relief. Sometimes called the plaintiff in other civil matters.
postnuptial agreement or separation agreement A written contract entered into by a husband and wife, which sets forth all their present and future rights in the event of a divorce or a spouse's death. The parties may or may not be involved in divorce litigation at the time they sign such an agreement.
prenuptial agreement A written contract entered into by a couple who intend to marry but want to establish, before marriage, their rights in the event of a death or divorce after the marriage. The validity of such agreements depends on state law.
pro se divorce A divorce that is handled by the individual seeking the divorce rather than with the aid of an attorney.
respondent The person who has to defend the action in a dissolution. The respondent also responds to the petition in the trial court, and, in that case, may also be referred to as the "defendant"in a civil matter.
separate property Property a spouse acquires before the marriage and after an action for divorce has begun. Inheritance, disability awards, and gifts received during the marriage by one party can be considered separate property. There are other exceptions as well.
sole custody One parent has the right to make the major decisions concerning the children. Even when one parent has sole custody, the other parent often has the right to be informed, consulted, and to offer an opinion about the decision. Major decisions include religion, education, and health issues. Day-to-day decisions, such as the child's daily routine, are made by the parent who is caring for the child at the time. Under sole custody the child's residence is with the custodian, and the noncustodial parent has "visitation rights" (also called "parenting time" among other names).