Glossary of Legal Terms Commonly Used in Divorce Proceedings
This glossary is designed to provide plain language definitions of commonly used terms in family law litigation. It covers concepts related to divorce, child custody and parenting time, child and spousal support, property division, court procedures, and alternative dispute resolution.
Affidavit
Written statement of facts a witness swears to under oath.
Answer
The response pleading to the petition.
Arbitration
ADR process where a third party (the Arbitrator) serves as the decision maker to resolve disputes.
Alternative Dispute Resolution (ADR)
Methods of resolving legal disputes outside of traditional court litigation, including mediation, arbitration, and using the collaborative law process.
Contempt
Willful behavior that violates a court order.
Counterpetition
The legal document filed by the Respondent, when asking for relief from the court.
Continuance
Postponement or rescheduling of a court proceeding to a later date by order of the court.
Default
A ruling issued when one party fails to respond in the case or appear for trial.
Discovery
The process of exchanging financial information and other information relevant to the case, which includes subpoenas, depositions, and written discovery to the other party (interrogatories, request for production, and request for disclosure).
Depositions
Proceeding in which a witness or party gives sworn testimony outside of court as a part of the discovery process.
Filing
Act of delivering (through e-filing service) pleadings, motions, or other legal documents to the clerk of the court in accordance with the procedural rules, thereby giving the court the authority to act on the matter.
Hearing
A court appearance before a judge, usually in person but sometimes on Zoom.
Interrogatories
A discovery request of written questions that must be answered under oath.
Judgment/Order/Decree of Divorce
Final court order resolving all issues in the case, "decree of divorce" ends the marriage.
Jurisdiction
The legal authority in a particular court to decide a case and the system of laws that apply, defined by location of the parties and the subject matter involved.
Litigation
The process of fighting or defending a case in a court of law in front of a judge or jury.
Mediated Settlement Agreement (MSA)
The binding agreement signed by the parties when they reach a settlement in mediation.
Mediation
Settlement process to resolve a family law case lead by a neutral person (the "mediator") between the parties to help them reach a settlement. Most family courts require mediation prior to Temporary Orders hearing and trials.
Modification
A requested change to a current court order.
Motion
A written request filed with the court, while a case is pending.
Notice
Process to inform the other party to the case about the requested relief.
Order
A written document signed by the Judge containing the court's ruling on a certain matter.
Petition
The first legal document filed with the court that starts a case, including a divorce case, custody case, or paternity case.
Petitioner
The spouse who files for divorce. If not a divorce case, the person who files the first petition to start the case.
Request for Disclosure
Discovery request to provide information for witnesses, legal theories and factual bases, and expert designations.
Request for Production
Discovery request to produce documents, records, electronically stored information, or tangible evidence.
Respondent
The person who responds to the first petition to start the case, including the spouse who responds to a divorce filing.
Retainer Payment
Money paid in advance to an attorney to secure their services per the terms of a fee agreement.
Scheduling Order
Court-issued order that establishes the timeline and deadlines for key events and procedures in the case.
Service (Service of Process)
Official delivery of legal papers to the other party to the case.
Subpoenas
Document that compels a person or entity to provide evidence or appear to testify in a legal proceeding.
Trial
Court proceeding to resolve all issues for final resolution.
Trust Account
Attorney financial account that holds client funds.
Agreement Incident to Divorce (AID)
Written contract between spouses, which is incorporated into the divorce decree by reference. AIDs are often used to protect the privacy of the financial matters of the parties.
Asset Distribution
Process of dividing marital property between the parties in divorce.
Common Law Marriage (Informal Marriage)
Marriage recognized without a formal ceremony or marriage license. For the existence of a common law marriage, there must be 1) cohabitation; 2) agreement to be married; and 3) holding out to the public as a married couple.
Community Property
All property owned by the spouses, other than separate property, regardless of which spouse holds title. Property owned by spouses is presumed to be community property, unless a spouse can prove separate property by clear and convincing evidence.
Contested Divorce
Spouses disagree on one or more issues.
Debt Allocation
Distributions of liabilities in a divorce case.
Decree
Court order finalizing the divorce case.
Divorce (Dissolution of Marriage)
Court proceeding to end a marriage.
Domestic Violence (Family Violence)
Physical harm, sexual assault, and threats of harm committed by a spouse, family member, household member, co-parent, or dating partner.
Equitable Distribution
"Just and right" division of marital property at the judge's discretion, not necessarily equal.
Grounds for Divorce
Legal reasons for the divorce (irreconcilable differences, adultery, cruelty).
No-Fault Divorce
Divorce without proving wrongdoing. The no-fault ground in Texas is "insupportability" which is a divorce due to irreconcilable differences.
Fault-Based Divorce
One spouse proves that the other spouse engaged in misconduct or wrongdoing that caused the breakdown of the marriage. In Texas, fault-based divorce could involve adultery and cruelty. A finding of fault-based divorce may affect property division, spousal support, and custody considerations in certain circumstances.
Residency Requirement
Residency conditions that must be met before a court can grant a divorce. In Texas, a divorce can be filed if one spouse has been domiciled in Texas for 6 months and in the county for at least 90 days before filing the petition.
Separate Property
Assets owned by a person before marriage or received as gifts or through inheritance.
Uncontested Divorce
Spouses agree on all major issues.
Arrearage
Amount of money that is overdue or unpaid under a legal obligation, such as child support, medical support, or spousal support.
Best Interest of the Child
Legal standard that the fact finder (judge or jury) uses to make decisions on children's issues such as custodial rights, possession, and support.
Child Support
Payments (usually monthly) by the non-custodial parent to the custodial parent for their child(ren).
Child Support Guidelines
The Texas Family Code sets a presumptive method for calculating child support primarily on the obligor parent's net resources and the number of children to be supported.
Conservator
Person who has court-ordered legal rights and responsibilities regarding a child.
Geographic Restriction
Court-ordered limitation on the geographic area (such as county) where a parent who has the right to determine the residence of a child shall reside.
Home State
The state where a child has lived with a parent for at least 6 months immediately before the custody proceeding, and which usually determines which state has jurisdiction over the case when multiple states are involved.
Joint Managing Conservators (JMCs)
In Texas there is a presumption that the parents will be appointed "Joint Managing Conservators" of their child. The appointment as JMC does not require that the child spend equal time with each parent or have equal rights. In most orders that have JMCs appointed, one of the parents is given the exclusive right to determine the child's primary residence (often within a geographic restriction). The other rights and duties are allocated as the fact finder determines is in the best interest of the child.
Noncustodial Parent
Parent who does not have the exclusive right to determine a child's residence.
Obligor
Person who is legally required to pay for child support.
Paternity Test
The test to prove the identity of a child's biological father through scientific methods.
Possession (Visitation)
The right of parents to have children physically with them for visitation or residential purposes under a court order.
Possessory Conservator
When a Sole Managing Conservator is appointed, the other parent is named "Possessory Conservator" retains basic parental rights but does not share in major decision-making for the child.
Sole Managing Conservator
Parent granted exclusive decision-making rights and responsibilities for a child under a Texas court order.
Shared Custody
Custody arrangement where both parents share significant rights, duties, and decision-making authority regarding their child. Texas law does not use the phrase "shared custody" formally. In Texas, the legal term is Joint Managing Conservatorship (also referred to as "JMC"). The appointment as JMC does not require that the child spend equal time with each parent or have equal rights. In most orders that have JMCs appointed, one parent is given the exclusive right to determine the child's primary residence (often within a geographic restriction). The other rights and duties are allocated as the fact finder determines is in the best interest of the child. In most orders that have JMCs appointed, the noncustodial parent has possession of the child per a Standard Possession Order.
Standard Possession Order (SPO)
Court-ordered visitation schedule that is presumed to be in the best interest of the child for the noncustodial parent.
Asset Valuation
Determining the value of property, businesses, and investments.
Innocent Spouse Tax Relief
Relief that may be sought when the innocent spouse did not know and had no reason to know that errors on a joint tax return. The IRS may free one spouse from joint liability when it would be unfair to hold them responsible fore the other spouse's tax mistakes.
Post-Marital Agreement (Partition and Exchange Agreement, Postnuptial Agreement, Postnup)
Contract entered into by spouses after they are already married to address how the couple's property, assets, debts, and certain financial matters will be handled during the marriage and int eh event of divorce or death.
Premarital Agreement
Contract 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.
Qualified Domestic Relations Order (QDRO)
Court order that directs a retirement plan administrator to pay a portion of the participant's retirement benefits to the other spouse.
Spousal Maintenance (Alimony)
Spousal Maintenance is one spouse's financial support payment to the other, which may be ordered in certain circumstances. Texas does not recognize open-ended, long-term alimony. Only limited, need-based maintenance is allowed only under specific statutory conditions, as stated in Chapter 8 of Texas Family Code.
Valuation Date
Date used to determine asset value.