Divorce Dictionary ? Select the letter that the term starts with to find our definition. ABCDEFGHIJLMNOPQRSTUVWLearn more about Divorce Basics. Abandonment. See Desertion. Abduction (of Child). See Parental Kidnapping.
Abuse. See Cruel and Abusive Treatment. Abuse Prevention. See Restraining Order. Action; Actionable.
See Cause of Action. Admissible; Admissibility. Any testimony, document, or demonstrative material that is officially considered by the court, i. Adultery. Sexual intercourse between a married person and a third party. Courts once used adultery, once the sole ground for divorce in some jurisdictions, to punish the guilty. Today courts are more interested in the economic impact of adultery, if any, on the marital estate. How much money was spent on the mistress' Think of judges as accountants who want full disclosure and financial accounting for improperly spent funds.
ADR. See Alternative Dispute Resolution. Affidavit. A written statement, voluntarily signed under oath, usually in support of a motion.
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Be careful that you have personal knowledge of all matters asserted, or else it 'can and will be used against you in a court of law.' If there is any doubt whatsoever, but you still believe something is true, say 'Based on information and belief..'Agreement; Separation Agreement; Property Settlement Agreement; Marital Agreement. A legally enforceable, spousal contract settling all matters. Asset and liability division. Alimony, health, and life insurance.

Legal and physical custody, child support, visitation, medical insurance and expenses, and college. Generally not referred to as a 'divorce agreement' since only the court can grant a divorce. If the parties fail to reach an agreement, the case goes to trial, and the court's decision and judgment is substituted. Court's judgments are modifiable based on a 'material change in circumstances.' An agreement may be either modifiable or unmodifiable ('surviving'). Typically, these agreements settle issues relating to: Aid to Families with Dependent Children (AFDC). Government aid program to impoverished families.
Commonly known as Welfare. Replaced in 1. 99. Temporary Assistance for Needy Families (TANF) Program, created by the Welfare Reform Law of 1. TANF became effective July 1, 1. See Temporary Assistance for Needy Families.
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Alienation of Affection. Any intentional, malicious interference with a marital relationship. Historically, the aggrieved spouse could bring an action against the third party wrongdoer, without filing for divorce. These suits are now rare, however, and are prohibited in some states. Today courts will entertain fault divorces making the co- respondent a defendant in the action, but such defendants are generally not liable financially for their adultery. Alimony. Court- ordered spousal support, usually periodic payments, but sometimes paid in a lump sum as part of a marital agreement (alimony 'buyout'). More modern terms include 'maintenance' and 'spousal support.' Payments are tax deductible to the payor and includable in the payee's taxable income.
Similarly situated parties are treated dissimilarly when the only difference is gender. Most courts are sympathetic to women, especially in long- term marriages or when the husband has a high income or greater resources. In their zeal to protect women, some courts favor wives despite their economic equality. See Rehabilitative Alimony and Temporary Support. Learn more about Alimony. Alimony Pendente.
See Temporary Support. Alimony Trust. A trust fund established to pay alimony; rarely used; extremely expensive means of paying alimony involving complex gift and income tax analyses. Alternative Dispute Resolution. Not litigation. Some states mandate ADR for divorcing parties, although parties maintain the right to have a judge decide their case. If parties settle, they may present their written settlement agreement to a judge who rules on its fairness and grants a divorce. Only courts can divorce the parties. The parties may not agree to be divorced.
Hence, settlement agreements may be called separation agreements or marital settlement agreements, never divorce agreements. See Agreement. Alternate Payee. Party who will be paid pension benefits in the alternative, not the employee.
See www. dol. gov/ebsa/faqs/faq. Established in 1. United States; collaborates with the National Conference of Commissioners on Uniform State Law (NCCUSL); publishes Restatements of the Law and Model Codes, including Principles of the Law of Family Dissolution.
Analysis and Recommendations. See http: //www. ali. Annulment. The court's judgment that a so- called 'marriage' was never legally valid or became invalid after the marriage. Where a marriage was never legally consummated, for instance if one party was already married, the marriage is said to be 'void,' or a 'nullity,' i. In contrast, a 'voidable' marriage is valid unless, or until, annulled. Grounds for annulling a 'voidable' marriage include serious fraud or a party's legal incompetence at the time of marriage.
Most annulments are obtained for religious reasons through a religious tribunal. Answer to Complaint (Petition) and Counterclaim. A responsive pleading that answers allegations made in the complaint. A counterclaim sets forth the defendant's allegations against the plaintiff, as if the defendant were asking for a divorce in the first instance.
The defendant is sometimes called the 'plaintiff- in- counterclaim' since he makes his initial claim in this pleading. Defendants must file an answer and counterclaim within a certain time of being served with process, usually 2. The plaintiff, in turn, must file an 'answer to counterclaim.'Antenuptial Agreement. See Prenuptial Agreement. Appeal. Review of a trial court's decision and judgment by a higher court.

The appeals court can review the trial court's 'finding of fact' and 'conclusions of law.' See Decision and Judgment. Appeals courts analyze the trial court's decision and judgment for substantive errors in its 'conclusions of the law.' In exceptional cases the trial court's 'finding of facts' are also reviewed. Most findings of facts are extremely difficult to challenge because appeals courts defer to the trial court's ability to weigh evidence. Unless the trial court's findings of fact cannot possibly be supported by the evidence, such appeals will fail. Judges have discretion to believe or disbelieve all evidence presented, and appeals courts will not second guess the trial court on its finding of facts.
While challenging a trial court's 'conclusions of law' is less difficult, states grant divorce judges substantial discretion in fashioning judgments. Therefore, appeals are often unsuccessful except for substantial errors of law that significantly and adversely impact a party; otherwise, the mistake is considered 'harmless error.' Whether your appeal succeeds may depend more on your gender than the merits of your case. In Massachusetts, for instance, over 8. Appear; Appearance; File an Appearance. A court filing registering the name of your lawyer, or, if you represent yourself, your name as 'pro se.'Your lawyer must file an appearance with the court. All pleadings and notices are then sent to her address which constitutes proper service on you. If you appear without counsel, you are said to appear pro se.
Once counsel files her appearance, she cannot withdraw her appearance without your permission or leave of court, usually by motion. Sometimes courts will not allow counsel to withdraw unless a new lawyer ('successor counsel'), or the party herself, files an appearance.
If no successor appearance is filed, courts frequently deny this request, even if the client fails to pay attorney's fees. Counsel then becomes your involuntary servant, but don't expect zealous advocacy from a slave. You may get what you pay for. Obviously, divorce lawyers view this problem as justification for large retainers. Appraisal. The systematic and comprehensive analysis of the value, price or worth of an asset by examining the characteristics of the particular asset in comparison with similar or comparable assets that have been sold on dates as close as possible to the date of the analysis. See http: //www. asc.
Approximation Rule. Newer concept developed by the American Law Institute to help decide child custody cases by maintaining approximately the same parenting routines after divorce as the parties and child experienced before divorce. See American Law Institute. Arbitration. A legally binding, non- judicial procedure held before a neutral third party, the 'arbitrator,' who acts as private judge. Unlike mediation, neither party can unilaterally terminate the process, and both parties are bound by the arbitrator's decision, as if a judge acted in her official capacity.
In some states, judges refer certain cases or aspects of cases for arbitration. Arrearages. The deficiency between the amount, if any, paid and the amount required under court order. If payments are made voluntarily on a de facto basis, i. Assignment. The transfer or formal giving of right, title or interest in property to another person or entity, such as an assignment of a share of a pension to a spouse as an alternate payee.
See Alternate Payee. Assisted Negotiation. See Mediation. Assisted Reproductive Technology (ART). Artificial means of removing eggs from a woman, fertilizing the egg in a laboratory and returning the fertilized egg to the woman’s body or a carrier. Free Adult Dating Dexter City Ohio.
See http: //www. cdc. ARTAssociation of Family and Conciliation Courts (AFCC). An organization founded in the 1. See http: //www. afccnet. Attachment. See Attachment Theory.
Attachment Disorder. Condition that results from preventing, impairing or disrupting an infant or young child’s time with a primary caregiver on the theory that the child fails to form an attachment or bond with the caregiver, feels the world is unsafe, acts out, exhibits various symptoms, and later fails to develop any attachments or lasting relationships as an adolescent or adult.