16 Important Terms to Ask a Divorce Lawyer

When dealing with legal matters there are always going to be terms you don’t understand. You may be more comfortable heading into your divorce with a general understanding of some of the phrases you’re going to come across so you don’t have to ask your divorce lawyer questions about them constantly. Below you’ll find an alphabetical list of some of the helpful terms and phrases you should understand.

📌 Ask a Divorce Lawyer: 16 Important Terms to Know

1. Alimony

Alimony refers to payments the higher-earning party in the divorce may agree to provide their former spouse with. In Texas, this differs slightly from spousal support or spousal maintenance. Spousal support/maintenance can be ordered by the court if the lower-earning spouse meets certain requirements outlined in the Texas Family Code. Your divorce attorney in Sugar Land TX can talk you through the requirements in full.

2. Alternative Dispute Resolution

Many divorce cases can be handled without trial. These methods are referred to as alternative dispute resolution. One example of alternative dispute resolution is mediation.

3. Child Support

The parent who doesn’t have primary physical custody of their child (if applicable) must pay child support payments to the parent with primary physical custody. These payments typically cover the cost of food, shelter, public education, clothing, and extracurricular activities if the primary custodial parent can demonstrate said activities are crucial for the child’s wellbeing.

Child support is paid until the child is legally an adult. In Texas, this is 18. You may also hear that it is paid until the child reaches the “age of majority, ” meaning they are legally considered an adult.

4. Custody

Custody refers to either legal or physical custody. Physical custody refers to the parent the child lives with. A parent may have full or primary physical custody, or you may share physical custody as equally as possible.

Legal custody means the parent is legally allowed to make important decisions about the child’s health, education, and general welfare. Legal custody may be shared or awarded solely to one parent.

5. Decree

When the court writes an order to finalize your divorce, this is called a decree.

6. Default

If the party paying child support or spousal support doesn’t make these payments in a timely manner, then they are considered in default.

7. Equitable Distribution

When you get divorced your assets must be divided. Equitable distribution refers to them being divided in a way that is fair to both parties in the divorce.

8. Marital Property

If you and your spouse acquired property during your marriage, then this is referred to as marital or community property. All property owned by either spouse is assumed to be community property unless the divorcing spouses can show otherwise. This assumption even applies to property that was inherited by or gifted to one spouse that both spouses used during the marriage.

9. Medical Support

Medical support is an additional payment a parent without primary physical custody of their children must pay in addition to their regular child support payment. It covers the cost of health and dental insurance. If the non-custodial parent’s job offers a health insurance plan the child can be added to, then this payment doesn’t need to be made.

You should note that if the parent with primary physical custody can provide health insurance through their employment but the non-custodial parent cannot, then the child can be added to the custodial parent’s plan. In this instance, no medical support will be ordered by the court during your divorce.

10. Parenting Coordinator

If you need a third party to step in as a tiebreaker when making decisions if you have joined legal custody of your child, then they are known as a parental coordinator.

11. Petitioner or Plaintiff

This is the person who initiates the divorce. They’re more commonly referred to as the petitioner in family law, but you may still hear them referred to as the plaintiff.

12. Prenuptial Agreement

A prenuptial agreement is an agreement you and your former spouse signed before you got married. It specifies your rights and responsibilities in case of a divorce or death. You may also hear it referred to as a premarital agreement.

13. Post-Nuptial Agreement

A postnuptial agreement is essentially the same thing as a prenuptial agreement, but it’s one that you and your former spouse signed at some point during the marriage.

14. Qualified Domestic Relations Order

A QDRO refers to an order that the court issues for you and your former spouse to divide your retirement benefits.

15. Respondent

The respondent is the person who is having legal papers filed against them. In divorce cases, this term refers to the person who didn’t initiate the divorce.

16. Settlement Conference

During a settlement conference, both parties and your attorneys meet to attempt to settle your case. It can occur before or after a hearing.

As you can see, there are many legal terms you should know as you enter into your divorce. Knowing and understanding as many as possible will make proceedings seem a little less intimidating for you as they progress. You can always ask your attorney for further clarification on any term you don’t understand, and they’ll be happy to explain.