
Key Family Law Terms You Should Know: A Glossary for Legal Clarity
Family Law Glossary
A
- Alimony (Spousal Support) – Payments made by one spouse to another after a divorce to provide financial support. The amount and duration depend on factors like income, marriage length, and financial need.
- Annulment – A legal process that declares a marriage invalid, as if it never occurred. Grounds for annulment include fraud, coercion, or incapacity.
- Arrearages – Overdue child support or spousal support payments that have not been paid on time.
C
- Child Custody – Legal determination of which parent (or guardian) will have responsibility for a child’s care, living arrangements, and decision-making authority.
- Physical Custody – Determines where the child will live.
- Legal Custody – Determines who makes decisions regarding the child’s welfare, education, and medical care.
- Child Support – Financial payments ordered by the court to ensure a child’s needs are met after parents separate or divorce.
- Cohabitation Agreement – A legal contract between unmarried couples that outlines financial and property rights in the event of separation.
- Community Property – A legal principle in some states where all property acquired during a marriage is considered equally owned by both spouses and must be divided equally upon divorce.
- Contempt of Court – When a person disobeys a court order, such as failing to pay child support, they may face fines or other legal consequences.
D
- Decree (Final Judgment) – A court's final order that resolves legal matters in a case, such as a divorce decree finalizing a divorce.
- Default Judgment – A ruling made by a court when one party fails to respond or appear in court, often resulting in a decision favoring the other party.
- Discovery – The legal process where both parties gather evidence and information before trial, including documents, depositions, and interrogatories.
E - F
- Emancipation – A legal process where a minor is granted independence from parental control before reaching the age of majority.
- Equitable Distribution – A method of dividing marital assets fairly (but not necessarily equally) during a divorce, based on factors such as income, contributions, and financial need.
- Family Court – A specialized court that handles family law matters, including divorce, custody, child support, and adoption.
G - J
- Guardian Ad Litem (GAL) – A court-appointed representative who advocates for the best interests of a child in custody or abuse cases.
- Guardianship – A legal arrangement where an adult is given custody and decision-making authority over a minor or incapacitated adult.
L - M
- Legal Separation – A court-recognized status where spouses live apart but remain legally married, often used as a step before divorce.
- Marital Settlement Agreement (MSA) – A written contract outlining the division of assets, debts, custody arrangements, and spousal support agreed upon in a divorce.
P
- Paternity – Legal identification of a child's biological father, often required for custody, visitation, and child support cases.
- Prenuptial Agreement (Prenup) – A contract signed before marriage outlining how assets and debts will be divided in the event of divorce.
- Postnuptial Agreement – Similar to a prenup, but created after marriage to define financial arrangements and asset division.
- Protective Order (Restraining Order) – A legal order designed to protect victims of domestic violence or harassment by restricting an abuser’s contact.
Q - T
- Qualified Domestic Relations Order (QDRO) – A legal order that allows for the division of retirement benefits in a divorce settlement.
- Settlement Conference – A meeting between parties (and their attorneys) to negotiate and resolve family law disputes before going to trial.
- Termination of Parental Rights – A legal action that permanently ends a parent's legal rights and responsibilities toward a child, often in adoption or abuse cases.
- Trial – A court proceeding where evidence and testimony are presented before a judge (or jury) to make a final decision in a legal dispute.
U - Z
- Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) – A law that helps determine which state has jurisdiction over child custody disputes to prevent conflicts between different state courts.
- Visitation Rights – The legal right of a non-custodial parent to spend time with their child, as determined by a court order.
Why Understanding Family Law Terms Matters
- Better understand legal documents and court proceedings.
- Communicate effectively with your attorney.
- Advocate for yourself in family law matters.
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