Divorce proceedings can be challenging and emotionally taxing for anyone. When one has to deal with a divorce, he needs to understand different terms often used by the lawyers as well as the court. Knowing the divorce terminology makes it easy for you to understand the procedure well.
- Petition: It is a document filed by the person who wants to seek divorce from the court. It is also known as petition for dissolution of marriage. The document mentions the re
lief wanted by the petitioner. - Interim Order: Interim order is a temporary order made by the court that lasts until the final order or a hearing is made. For example, a custody order that specifies who has the responsibility of the child until the final decree is issued. A non- permanent restraining order prevents a party from disposing of the property.
Spousal Support: Spousal support is also known as Separate Maintenance Payments or Alimony. The court may order a spouse to pay financial help to other partner to whom support is owed. - Equitable Distribution: Divorce often requires the couple to divide the property acquired during the marriage equitably. This means the assets and debts are divided fairly depending upon the earning capacity of the parties and the duration of the marriage.
- Custody: If the couple has a child, the court decides who will be responsible for him, which refers to the custody of the child. The custody can be joint or sole. In joint custody, both the parents contribute to the upbringing of the children and one of them is awarded primary physical custody with whom the children live. The other parent gets the visitation rights. In case of sole custody, only one parent gets the right to make decisions regarding the child.
- Child support: The parents are legally obliged to support their children. During divorce, the court may order the non-custodial parent to pay child support to the custodial parent. In case there is joint custody, the parent who has primary physical custody will get the child support from other parent. Every state has different set of criterion to determine the amount of child support.
- Arrearage: The amount of money that is due for spousal or child support.
- Decree: Decree is the court’s decision or written order finalizing the divorce.
- Dissolution: Dissolution or divorce is legal termination of a marriage.
When you seek to end your marriage, it is advisable to hire an experienced divorce lawyer who can guide you through each step of the legal process and help to protect your rights.
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