Have you ever been in a situation where the people around try to impress you by using big words? Even worse have they ever used those words to make themselves appear smarter than you?  Many scientists do it. Doctors definitely do it.  But you will soon find out that the worst culprits of all are attorneys.  Try this little experiment… The next time you walk into your divorce attorney’s office start talking on their level, and I bet you will get a different response out of them.  There is all sorts of legal terms associated with a divorce that are not that hard to grasp if you just take a couple of minutes to learn them.  Not only will your divorce attorney be less likely to pull one over on you, but you be able to deal with them with more confidence.

I know that I am probably missing a few, but here are the more common legal terms used when “talking divorce”:

• Alimony – Monetary support that is paid by one divorced spouse to another.  This commonly takes the form of the man paying the woman.  There are many factors that affect the amount and length of alimony payments that I will get into in a later post.  The only upside, if that’s what you want to call it, is that alimony payments are tax deductible for you while your ex has to report them as income.
• Annulment – When your marriage never legally existed.  In other words, in the eyes of the court you were never married at all.  This is rarely granted especially if you have been married for a year or more.  It will be difficult to prove that you were not in your right state of mind during the marriage when it has lasted that long.
• Arbitration – A situation where a matter disputed by you and your wife is settled by a third party, but someone who is not a judge.  This is different than a mediation.
• Attachment – The legal term used to describe the court ordered seizure of a debtor’s property.  Although you should never say never, this rarely comes up in a divorce.
• Alternative Dispute Resolution – This is the legal term for resolving issues that come up in a divorce without actually getting the courts involved.  This can include any/all of the following processes: negotiation between attorneys, arbitration as defined earlier, and mediation with the help of a trained mediator.  In all cases, the judge is not forced to make the ruling.
• Case Information Statement (CIS) – A document, which may be requested by one or both parties in the divorce, that contains all the details of each spouses’ income, assets, expenses, and debts, both marital and non-marital.  This is where people tend to get into hot water by hiding assets.  Sometimes it works and sometimes it doesn’t, but you have to consider the risks involved in withholding information on a court ordered document!
• Child Support – This is monetary support that is paid by one ex to the other to cover expenses for their children.  Obviously, this money goes to the ex who has primary custody, and it is determined by many factors.  Child support is NOT tax-deductible.
• Common Law Marriage – It varies a great deal by which state you live in, but it refers to a marriage that has no license or ceremony involved.  It requires that the couple be living together for a minimum number of years (usually a long time).  Common Law Marriage is becoming less frequent as many states are phasing out this issue.
• Default – This is the failure to do something that has been ordered by the courts during a divorce.  This usually pertains to not paying the required child support or alimony payments.  You are considered to be in contempt of court if you default on any payments and could end up paying heavy fines and/or spending time in jail.
• Discovery – This is the process in gathering the information that is needed to settle the divorce case or prepare it for trial.  Either attorney can file for a “motion for discovery” at any point that they feel that all the facts have not been brought to the table.  This is to be expected if either party is suspected of not being entirely honest on their CIS.
• Dissolution of Marriage – This is simply the more complicated term for a divorce.  It allows either party to legally get married again (hopefully to someone else!).
• Equitable Distribution – This is what most divorce agreements strive for… the fair division of assets that were acquired during the marriage.  But for many men, who usually acquire the majority of the assets, it doesn’t seem that fair at all.
• Inventory & Appraisement - The master list of all the assets, primarily the jointly owned property.  This list also include the current value of this property and is used in determining the “equitable distribution”.
• Joint Legal Custody – This is a legal agreement where both parents share the decision-making power in their child’s life.  This can include what school they go to, any financial matters, etc.
• Joint Physical Custody – When both parents share the right to have the child live with them at different times of the week, the month, or even the year.  This more probable when both parents live in close proximity of each other.
• Judgment of Divorce -  Similar to a divorce decree, it is legal document handed down by the court after a settlement has been reached or a trial has been completed that grants the couple their divorce.  This document also contains the the court’s decisions regarding child custody, child support, alimony payments, and the division of the assets (equitable distribution).
• Maintenance – Simply put this is the monetary payments that have to be made as indicated in the Judgment of divorce.  It includes both the alimony and child support payments.
• Marital Settlement Agreement – This is the ideal way of handling a divorce.  It is the agreement coming from either the results of an uncontested divorce or from negotiations between your divorce attorneys that takes care of all the issues pertaining to your divorce.  Either way it is an out-of-court settlement, and subsequently much less stressful.
• Mediation – A process that uses a mediator, a trained third party with no personal interest in the outcome of your divorce, to help resolve any disputes and come up with an agreement between both spouses.  Unlike an arbitrator, the mediator cannot make any legal decisions. He/she can only facilitate communication and problem solving between the two parties.
• Non-Marital Property – Assets or property that belong exclusively to the husband or the wife and thus cannot be divided up via the equitable distribution.  Straightforward non-marital property includes assets that a spouse had before the marriage took place.  Any ongoing disputes on whether something is non-marital is usually handled by the judge or an arbitrator.
• No-Fault (uncontested) Divorce – When a divorce is granted after a mutual agreement is reached between you and your spouse, or if one spouse disappears or leaves the marriage after a set amount of time, which varies upon the specific statutes in the state where you live.
• Rehabilitative Alimony – A short-term alimony payment that is awarded to your ex until she gets some time to make it on her own.
• Separation – Simply put, this is a period when one spouse is absent from the household because of marital problems.  This can be in an effort to try and work things out or to reduce conflict prior to a divorce.
• Separation Agreement – Usually a temporary agreement during a separation that contains information as to who gets to live in the house, who has to pay on what debts, the amount, if any, of alimony that is to be paid, child custody and visitation, and the amount of child support that is to be paid.  If written up correctly (with legal text) it can also be used as a guideline for the marital settlement agreement.
• Support – Monetary payments that comes in the form of alimony or child support, which on spouse pays to the other to cover their expenses (housing, food, clothing, etc)
• Transfer – The act of switching legal ownership of property from one person to another.  This can be anything, but usually pertains to the house, a vehicle, or any other large purchase items (with a deed or title).
• Verification Statement – This is the oath that what you have put into a legal document is true.  This statement is what can get you in trouble if you withhold information on a CIS or Discovery document.
• Visitation – This one is pretty self-explanatory.  It is the court-ordered right for a non-custodial parent to visit his (or her) children.  Visitation is usually spelled out strictly on the marital agreement or a separate parenting plan.

Obviously, this does not cover the whole range of legal terms that you will hear during your divorce case, but it is a good start.  If someone has anymore to add or simply wants something defined more clearly, then feel free to leave a comment, and I will respond as quickly as I can.