Divorce Glossary

Understanding divorce terminology can help you navigate the process more confidently.

Alimony

Also known as spousal support, this is a financial payment made by one spouse to the other after divorce to help maintain the standard of living established during the marriage.

Annulment

A legal decree that treats a marriage as if it never existed. Different from divorce in that it declares the marriage void rather than dissolved.

Child Custody

The legal and physical responsibility for a child following divorce. Can be sole (one parent) or joint (both parents).

Child Support

Financial payments made by the non-custodial parent to help cover the costs of raising a child.

Contested Divorce

A divorce in which the spouses cannot agree on one or more issues and must have those issues decided by a judge.

Default Judgment

A court ruling in favor of one party when the other party fails to respond to the divorce petition.

Dissolution of Marriage

The legal term for divorce in many states.

Marital Property

Property acquired during the marriage that is subject to division between the spouses upon divorce.

No-Fault Divorce

A divorce in which neither spouse must prove wrongdoing to obtain a divorce. Most states now allow no-fault divorce.

Petition for Divorce

The legal document filed with the court to begin the divorce process.

Respondent

The spouse who receives and responds to the divorce petition.

Separation Agreement

A written agreement between spouses that outlines how they will divide their property and handle other issues during and after separation.

Service of Process

The procedure of officially delivering the divorce petition and summons to the other spouse.

Summons

A court document that informs the respondent that divorce proceedings have been filed and requires a response.

Uncontested Divorce

A divorce in which both spouses agree on all major issues, including property division, child custody, and support.

Waiver of Service

A document signed by the respondent acknowledging receipt of the divorce papers, eliminating the need for formal service of process.