Divorce Glossary: 45 Legal Terms Explained in Plain English
08-Apr-2026
Divorce Glossary: 45 Legal Terms Explained in Plain English
Divorce proceedings involve a specific vocabulary that courts and attorneys use every day — but that most people have never encountered. This glossary covers every term you’re likely to see in an uncontested or contested divorce, explained without the jargon.
The Terms You’ll See on Your Divorce Documents
Absolute DivorceThe complete legal termination of a marriage. Once granted, both parties can remarry.
AffidavitA written statement made under oath, signed in front of a notary. Financial disclosure affidavits, residency affidavits, and service affidavits are all common divorce documents.
Alimony / Spousal Support / Spousal MaintenanceThree terms for the same concept: ongoing financial payments from one ex-spouse to the other after divorce. Amount, duration, and terms are set by agreement or by the court.
AnswerThe responding spouse’s formal reply to the divorce petition. Can contest the grounds, contest the proposed terms, or agree to everything.
Co-PetitionA joint filing where both spouses file the divorce petition together, eliminating the need for formal service.
Community PropertyA legal framework in 9 states (AZ, CA, ID, LA, NV, NM, TX, WA, WI) where assets and debts acquired during the marriage are presumed 50/50.
Complaint / PetitionThe initial filing that starts the divorce case.
Contempt of CourtA legal action taken when a court order (like a divorce decree) is violated.
Custodial ParentThe parent with whom the child primarily lives in a sole or primary physical custody arrangement.
Decree / Judgment / Final OrderThe judge’s final signed document that legally ends the marriage and establishes all terms of the divorce.
Default JudgmentA judgment entered against the responding spouse who was served but failed to respond within the required time period.
Dissolution of MarriageThe formal legal term many states use instead of ‘divorce.’ Dissolution and divorce are legally equivalent.
Equitable DistributionThe legal framework used in most US states where marital assets and debts are divided fairly (not necessarily equally) based on each spouse’s circumstances.
Ex ParteA court proceeding or order involving only one party. Emergency custody orders and restraining orders are often granted ex parte.
Financial Affidavit / Financial Disclosure StatementA sworn statement listing your income, expenses, assets, and debts. Required by most states — both spouses must file one.
GroundsThe legal basis for the divorce. No-fault grounds (irreconcilable differences, irretrievable breakdown) are available in all states.
Irreconcilable DifferencesThe most common no-fault ground for divorce. Means the marriage has broken down and cannot be repaired — no specific conduct needs to be proven.
Joint Legal CustodyBoth parents share the right to make major decisions about the children’s education, healthcare, and upbringing.
Legal SeparationA court order that formally separates spouses’ finances and addresses custody without terminating the marriage.
Marital PropertyAssets acquired during the marriage that are subject to division. Generally excludes pre-marital property, inheritances, and gifts.
Marital Settlement Agreement (MSA)A binding contract between divorcing spouses that documents all agreed-upon terms. Once signed and approved by the court, it becomes part of the divorce decree.
MediationA negotiation process facilitated by a neutral third-party mediator. The mediator doesn’t decide anything — they guide the conversation.
No-Fault DivorceA divorce in which neither party is required to prove the other did something wrong. All states allow no-fault divorce.
Non-Custodial ParentThe parent who does not have primary physical custody — typically the parent who has scheduled parenting time.
Parenting PlanA detailed document specifying custody arrangements, parenting time schedules, decision-making processes, holiday schedules, and child support terms.
PetitionerThe spouse who files the divorce petition. In some states called the ‘Plaintiff.’
Physical CustodyThe arrangement determining where the children primarily live, as distinct from legal custody (decision-making).
Process ServerA person who formally delivers legal documents to the responding spouse.
Pro SeLatin for ‘for oneself.’ Representing yourself in court without an attorney.
QDRO (Qualified Domestic Relations Order)A court order required to divide employer-sponsored retirement plans (401(k), pension) between divorcing spouses.
RespondentThe spouse who did not file the divorce petition — the one who responds to it. In some states called the ‘Defendant.’
Separation AgreementA binding contract addressing property, debt, support, and custody during the separation period.
Service of ProcessThe formal legal delivery of divorce papers to the responding spouse.
Sole Legal CustodyOne parent has exclusive authority to make major decisions about the child’s education, healthcare, and upbringing.
StipulationAn agreement between the parties on a specific issue, filed with the court.
Temporary OrdersCourt orders that govern spousal conduct (support, custody, property use) while the divorce is pending.
Waiver of ServiceA document signed by the respondent confirming they received the divorce papers and waive the right to formal service by a process server.
These 37 terms cover most of what you’ll encounter in a standard divorce. For more complex matters (business valuations, forensic accounting, guardian ad litem appointments), consult a family law attorney who can explain the specific procedures in your jurisdiction.
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