Glossary Of Common Family Law Terms

Also known as spousal support and spousal maintenance, alimony is financial assistance one spouse may be required to pay to the other after a divorce. It helps maintain a fair standard of living when one spouse may not have the same earning capacity.

Child custody determines who will have the responsibility of caring for a child after a divorce or separation. It includes both physical custody (where the child lives) and legal custody (who makes important decisions about the child’s life). Courts base these decisions on the child’s best interests.

Child support is the financial contribution a noncustodial parent provides to the custodial parent for the care of their child. The amount is typically set by state guidelines and considers the income of both parents and the child’s needs.

Divorce is the legal process that ends a marriage. It involves settling key issues like asset division, alimony, child custody, and support, following the laws of your state.

Domestic violence includes abusive behavior in a family or intimate relationship, including physical, emotional, or psychological harm. If you’re a victim, it’s crucial to seek help and ensure your safety.

Mediation is a voluntary process where a neutral third party helps disputing parties, like those in divorce or custody cases, come to an agreement without going to court. The mediator facilitates discussion but doesn’t make decisions.

A prenup is a legal contract signed before marriage that outlines how assets and liabilities will be divided in the event of a divorce. It can provide clarity and financial protection for both parties.

Property division is the process of dividing assets and debts in a divorce. States may divide property equitably (fairly but not necessarily equally) or as community property (50/50 split).

A restraining order is a court order that protects someone from harm or harassment. It may prevent the person named in the order from contacting or coming near the protected person.

Visitation refers to the time a noncustodial parent spends with their child after a divorce. It outlines a schedule and may be supervised depending on the situation.

Adoption is the legal process by which an individual or couple becomes the legal parents of a child who is not biologically theirs. It grants the adoptive parents the same rights and responsibilities as biological parents.

Guardianship is when a court appoints someone to make decisions for a minor or an incapacitated person. The guardian may make decisions regarding healthcare, education, and overall welfare.

Establishing paternity legally identifies a man as the biological father of a child. This process can influence decisions regarding child support, custody, and visitation.

Some states allow grandparents to seek visitation or custody of their grandchildren. These rights vary by state and depend on the specifics of each case.

LGBTQ+ family law includes issues such as same-sex marriage, adoption, parental rights, and surrogacy. Lawyers with expertise in LGBTQ+ family law can help navigate the unique challenges this community may face.

Collaborative law is a process where both parties and their lawyers agree to work together to resolve disputes in a way that avoids court. It’s a cooperative approach that can make the divorce process less adversarial.

A domestic partnership is a legal relationship where two people live together and share a life, but are not married. It provides certain legal benefits, such as healthcare and inheritance rights.

Legal separation is a formal process where a married couple lives apart but remains legally married. It allows for the division of assets, child custody arrangements, and alimony without a full divorce.

A parenting plan is a written agreement or court order that outlines the responsibilities of each parent regarding their child’s upbringing, including custody arrangements, visitation, and decision-making authority.

This is a principle used in many states to divide marital property in a way that is fair but not necessarily equal. It takes into account factors like each spouse’s contributions and the financial needs of both parties.

Contempt of court occurs when a person willfully disobeys a court order. In family law, this can apply to failure to comply with child support or visitation orders, and can result in penalties or changes in the order.

Parental alienation is when one parent undermines the relationship between the child and the other parent, potentially leading to emotional harm for the child and affecting custody arrangements.

Supervised visitation is a type of visitation in which a neutral third party observes the interaction between the child and the noncustodial parent. This is often ordered in cases where there are concerns about the child’s safety or well-being.

Pendente lite is a Latin term meaning “pending the litigation.” It refers to temporary orders issued by a court during the divorce process, covering issues like alimony, child support, and custody, until the final judgment is made.

An annulment is a legal procedure that declares a marriage null and void, as if it never happened. Unlike divorce, which ends a valid marriage, annulment is granted in situations where the marriage was legally invalid from the start.

A guardian ad litem is a person appointed by the court to represent the best interests of a child in legal proceedings, particularly in custody cases. The guardian’s role is to advocate for the child’s welfare during the case.

Joint custody is a custody arrangement where both parents share legal and/or physical custody of the child. It’s often used when both parents are involved in the child’s life and decision-making.