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Coming to Terms: Divorce Terminology in Court

Here's an explanation of the most common divorce terminology you're likely to encounter during your divorce – from "absolute divorce" to "writ of summons"..

By Divorce Magazine Updated: June 06, 2019 Categories: Divorce and Annulment , Preparing for Divorce

If you’ve chosen to litigate your divorce, you’re going to be hearing lots of unfamiliar terms as well as common words that have a very specific meaning in family law. Here’s an explanation of the most common divorce terminology you’re likely to encounter during your divorce.

• Absolute Divorce: The absolute ending of a marriage, leaving both parties free to remarry.
• Adversarial Divorce: When a couple cannot come to an agreement about the terms of their divorce.
• Ab Initio: Latin phrase meaning “from the beginning.”
• Action: Lawsuit or proceeding in a court of law.
• Affidavit: Written statement of facts made under oath and signed before a notary public or other officer who has authority to administer oaths.
• Agreement: Verbal or written resolution of previously disputed issues.
• Alimony  Also known as “Spousal Support” or “Maintenance”. The standard is to give support to the spouse who needs it in order to keep the family on an equal setting – however, there is an underlying duty for each spouse to work towards being independent of each other.
• Annulment: The legal end of an “Invalid Marriage”. In the eyes of the law, the parties were never married to each other, but all children of their relationship remain legitimate.
• Answer: Written response to a complaint, petition, or motion.
• Appeal: The process by which a higher court reviews the decision of a lower court to determine whether there was reversible error. If so, the appellate court amends the judgment or returns the case to the lower court for a new trial.
• Change of Venue: A change of judges or geographical location.
• Collusion: An agreement between two or more persons where one of the parties brings false charges against the other. Collusion is illegal.
• Common-Law Marriage or Relationship: Based on cohabitation where no formal marriage ceremony has taken place, this is a judicially recognized marriage in some U.S. states. All Canadian provinces recognize common-law relationships, but the rights and privileges are not the same as for those couple who entered into a legal marriage.
• Complainant: The one who files the suit, same as plaintiff.
• Complaint: This is a legal document filed by the plaintiff to start the divorce process. It states that the marriage has ended and lists the grounds and claims for the divorce. In some states it is also known as a petition.
• Condonation: The act of forgiving one’s spouse who has committed an act of wrongdoing that would constitute grounds for divorce. Condonation generally is proven by cohabitating with the spouse after learning that the wrongdoing was committed.
• Contempt of Court: The willful failure to comply with a court order, judgment, or decree by a party to the action. Contempt of Court may be punishable by fine or imprisonment.
• Contested Divorce: Any case where the judge must decide one or more issues that are not agreed to by the parties. All cases are considered contested until all issues have been agreed to.
• Corroborative Witness: A person who testifies for one of the parties and backs up their story.
• Court Order: A written instruction from the court carrying the weight of the law. Orders must be in writing. Anyone who knowingly violates a court order can be held in contempt of court.
• Cross Examination: The questioning of a witness presented by the opposing party on trial or at a deposition. The purpose is to test the truth of that testimony.
• Decree: The final ruling of the judge on an action for divorce, legal separation, or annulment. Decree has the same meaning as judgment.
• Decree Nisi / Rule Nisi: An order by the court stating that a conditional divorce will become absolute by a certain date unless a party contests the order.
• Default: A party’s failure to answer a complaint, motion or petition.
• Defendant: The partner in a marriage against whom a divorce complaint is filed. Defendant has the same meaning as respondent.
• Deposition: The testimony of a witness taken out of court under oath and reduced to writing. The deposition may be used to discredit a witness if he changes his testimony.
• Direct Examination: The initial questioning of a witness by the attorney who called him or her to the stand.
• Discovery: In the U.S., Discovery is a procedure followed by attorneys to determine the nature, scope, and credibility of the opposing party’s claim. Discovery can include depositions, written interrogatories, and notices to produce documentation relating to issues relevant to the case.
• Dismissal: Occurs when a party voluntarily drops the case (in some states) or when a judge finds that a case totally lacks merit.
• Dissolution of Marriage: The legal process of ending a marriage. In most U.S. states, this is the legal term for divorce.
• Divorce: The legal proceeding by which a marriage is legally terminated. It may be contested (where one party denies the allegation or wants to keep the marriage in place) or uncontested.
• Equitable: Means fair; does not necessarily mean equal.
• Evidence: Proof presented at a hearing, including testimony, documents or objects.
• Exhibits: Tangible things presented at trial as evidence.
• Ex Parte: An application for relief conducted for the benefit of one party only. These judicial proceedings are generally reserved for urgent matters in which requiring notice would subject one party (or his/her property) to irreparable harm. Examples include a Temporary Restraining Order (TRO) against an abusive spouse to stay away from the abused party, or a TRO stopping a spouse from removing or destroying family property.
• Expert Witness: In court proceedings, the expert witness is the professional whose testimony helps a judge reach a decision.
• File/Filing: To place a document in the official custody of some public official.
• Financial Affidavit/Statement: Key document used to collect financial data; in some states and provinces, it may be known as a “Financial Statement” and may use a standard form. This document becomes part of the record of documents that are filed with the court.
• Foundation: The evidence that must be presented before asking certain questions or offering documentary evidence in trial. If a piece of evidence lacks foundation (proof, facts to back it up) it will not be admitted or considered as evidence in the court case.
• Grounds for Divorce: Reasons for seeking a divorce, such as incompatibility, mental cruelty, physical abuse, or adultery. While some states allow fault grounds for divorce , all states have some form of no-fault divorce. Marriage breakdown is the sole ground for legally ending a marriage under the terms of Canada’s Divorce Act .
• Guardian-ad-Litem: A person appointed by a judge to prosecute or defend a case for a person legally unable to do so, such as a minor child.
• Hearing: Any proceeding before a judicial officer.
• Hearsay: Hearsay is an out-of-court statement offered to prove the truth of the matter asserted. Generally speaking, hearsay cannot be used at trial, but there are exceptions that permit it to be admitted in court.
• Incompatibility: The inability of persons to get along; a ground for divorce.
• Interrogatories: A series of written questions served upon the opposing party in order to discover certain facts regarding the disputed issues in a matrimonial proceeding.
• Judgment: The order of the court on a disputed issue; same as decree.
• Jurisdiction: The power of the court to rule upon issues relating to the parties, their children or their property.
• Legal Separation: Court ruling on the division of property, spousal support, and responsibility to children when a couple wishes to separate but not divorce. A legal separation is most often desired for religious or medical reasons. A decree of legal separation does not dissolve the marriage and does not allow the parties to remarry. Some states do not recognize legal separation.
• Lis Pendens: A piece of property cannot be transferred during a pending lawsuit that may change the disposition of it, once a notice has been filed in the public record.
• Litigation: The process by which a civil case settles parties’ rights.
• Maintenance:  See “Alimony”.
• Modification: A change in the judgment, based on a change in circumstances.
• Motion: An application or request to the court for an order. A Motion may be written or verbal.
• No-Fault Divorce: A marriage dissolution system whereby divorce is granted without the necessity of proving one of the parties guilty of marital misconduct.
• Nuptial: Pertaining to marriage.
• Order: A ruling by the court.
• Pendente Lite Orders: A temporary order of the Court that provides support until the divorce is finalized. Pendente Lite or Temporary orders are automatic in some areas.
• Perjury: The act of lying while under oath.
• Petition: A written application for particular relief from the court. In some jurisdictions complaint for divorce is entitled “petition for dissolution.”
• Petitioner: The person who filed the Petition or Complaint. Also referred to as the Plaintiff.
• Plaintiff: The spouse who initiates the legal divorce process by filing a complaint or petition stating that the marriage is over and listing the grounds and claims against the other spouse. Plaintiff is the same as Petitioner.
• Precedent: Decisions found in other pre-existing cases that factor into the case at hand.
• Prenuptial Agreement/Marriage Contract: Prior to their marriage, partners can contractually agree how assets and liabilities will be divided in the event of a divorce with a prenuptial agreement (commonly known as a “prenup”). In Canada, this is known as a “Marriage Contract”.
• Privilege: The right of a spouse to make admissions to an attorney, clergyman, psychiatrist or others as designated by state law that are not later admissible as evidence.
• Pro Se Divorce:  Sometimes called “ In Propria Persona ” or “ Pro Per ” (from the Latin meaning “in one’s own person”), or “self-represented” litigation, in this approach to divorce, either one or both parties choose not to hire a lawyer to represent them. The Latin term Pro Se translates as “on one’s own behalf”, meaning that the litigant is acting as his/her own attorney in a lawsuit – including self-representation in court.
• Qualified Domestic Relations Order (QDRO): In the U.S., this is a court ruling earmarking a portion of a person’s retirement or pension fund payments to be paid to his/her ex-spouse as part of a division of marital assets.
• Quid Pro Quo: The giving of one valuable thing for another.
• Rebuttal: The introduction of evidence at a trial that is in response to new material raised by the defendant at an earlier stage of the trial.
• Reconciliation: When parties decide to get back together. They may sign a reconciliation agreement, which is enforceable by the court.
• Respondent (Defendant): The party defending against a divorce petition (complaint).
• Restraining Order: A court order prohibiting a party from certain activities. Restraining orders are often issued to protect against domestic violence or to protect marital assets. In some jurisdictions, violating a “domestic restraining order” is a criminal offense.
• Retainer: Money paid by the client to the lawyer or expert witness to obtain a commitment to handle the client’s case. A retainer can be a deposit against which the lawyer or expert witness charges fees as they are earned.
• Rules of Evidence: The rules that govern the method of presentation and admissibility of oral and documentary evidence at court hearings or depositions.
• Separation or Settlement Agreement: A written contract dividing property, spelling out rights and obligations, as well as settling issues such as spousal and child support and custody.
• Service: Providing a copy of the papers being filed to the opposing party.
• Spousal Support:  See “Alimony”.
• Standard of Living: A factor when determining spousal support, allowing the recipient an adequate amount to maintain their current lifestyle.
• Stipulation: An agreement between the parties or their counsel, usually related to matters of procedure.
• Subpoena: A court order requiring a person’s appearance in court or at a deposition as a witness or to present documents or other evidence for a case.
• Summons: A Summons is a written notification to the defendant or respondent that an action has been filed against him or her. It notifies a spouse of his/her rights and obligations in responding to the Complaint for Divorce.
• Testimony: Statements under oath by a witness in a court hearing or deposition.
• Transcripts: The written record of the divorce proceedings, testimony or depositions.
• Trial: The time when a judge hears the contested permanent or temporary issues, with supporting evidence and witnesses, in a couple’s divorce decisions. The judge may take a few hours or a few weeks to review the information presented and issue a court opinion.
• Uncontested Divorce: When the defendant is not going to try to stop the divorce and there are no issues for the court to decide about the children, money or property.
• Venue: The County in which the case is heard.
• Voir Dire: Where the opposing counsel has the opportunity to disqualify an expert witness.
• Writ of Summons: A form issued by the court directing a party to respond to a complaint, motion or petition.

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Filing the Divorce Papers

 before you begin:.

• Is this page for me?   This page is for people who need to get a divorce from someone who will not agree to sign the papers.  If your spouse will agree to all the divorce terms and will agree to sign the papers, there is a faster way to get a divorce.  Visit Filing for Divorce Together to find the forms and instructions. 
• What laws apply?   Learn the basics of the laws that apply to divorce and custody cases on the  Divorce Overview  and  Custody Overview  pages. 

Follow these steps to start a divorce case:

Learn more about each step below. 

   1. fill out the forms.

To open a divorce case, you will need to file the forms below, or use the guided online interview to complete them electronically. 

Automated Forms Interview with Efile Available!  

You can use an automated interview that will complete your forms for you after you answer some questions about what you want to request.  To use the automated interview,  click here and select the "DIVORCE: Complaint"  interview.   It is best to use Chrome or Firefox ( Safari is not recommended and not supported ). 

At the end of the interview you can efile directly through the program or print/save your forms to file in person.  

Family Court Cover Sheet -  required

This form is REQUIRED.   It lists basic information about you, your spouse, and any children that you and your spouse have together. You are the Plaintiff and your spouse is the Defendant. The Clerk of Court uses this information to open your case. 

Family Court Cover Sheet (pdf)   Family Court Cover Sheet (pdf fillable)

Complaint for Divorce -  required

This form is REQUIRED.   This form tells the judge and your spouse what you want out of the divorce. You are the Plaintiff and your spouse is the Defendant. You will check boxes and fill in blanks to tell the judge and your spouse things like:

• What kind of child custody / visitation schedule you would like (if there are children)
• How much child support should be ordered (if there are children)
• How you would like to divide the property and debts
• If alimony should be ordered
• If you want to have a former name restored

If you and your spouse have minor children together, fill out the “Complaint for Divorce – With Children.” If you do not have children together, fill out the Complaint for Divorce – No Children.”

Complaint for Divorce - No Children (pdf)

Complaint for Divorce - No Children (pdf fillable)  

Complaint for Divorce - With Children (pdf)   

Complaint for Divorce - With Children (pdf fillable)

Summons -  required

This form is REQUIRED.  This form tells your spouse that you have filed for divorce. The form also tells your spouse that he or she must file a response within 21 days, or a default may be entered against them. 

Summons (pdf)    Summons (pdf fillable)  

If efiling, use filing code SEI when uploading the summons to make sure it is processed correctly.

Joint Preliminary Injunction -  optional 

This is an optional injuction you can request when you file your papers.  The injunction prevents both you and your spouse from doing the following while the divorce case is going on:

• You cannot hide, sell, or dispose of community property.
• You cannot cancel or change the beneficiaries on any retirement accounts or insurance plans.
• You cannot harass each other, the children, each other’s relatives, or family pets.
• You cannot relocate the children out of Nevada without written permission. 

You will be legally prevented from doing all of the above things as soon as the Joint Preliminary Injunction is issued by the Clerk. Your spouse will be legally prevented from doing these as soon as he or she is served with the papers.

If you would like this injunction issued, you must fill out and file the form below asking the Clerk of Court to issue one.

Joint Preliminary Injunction Request (pdf)  

Joint Preliminary Injunction Request (pdf fillable)

The papers above will open a case, but they will not set a court date.   You do not have to set a court date at this point.    If you don't think Defendant will respond to the case, you probably don't need a court date.  If Defendant does file a response, the judge will automatically set a court date and notify you both.

However, if there are ongoing issues with the other spouse and you need to see a judge to set temporary visitation, custody, child support, and/or alimony, you can fill out a  Motion for Temporary Orders  and file it with these papers to get a court date set sooner.  The motion asks the judge to put temporary orders in place while your case is pending.

   2. File the forms

The court charges $299 to file the papers.  You can pay by cash, money order, or most major credit/debit cards. If you cannot afford the fee, please see Filing Fees and Waivers to find out how to ask the court to waive the fee.

You can file your papers one of these ways:

• Online:  You can file online through the court's e-filing system,  eFileNV . There is a fee of $3.50 to upload your documents, in addition to the regular filing fee. You must register for an account, you must provide a valid email address, and you must be able to scan and upload your documents as separate pdfs.   Do not upload one pdf with all of the forms included - this will significantly delay the processing.    Each form needs to be filed as its own pdf, but you can upload all of them in one submission.  The Summons must be uploaded with the filing code SEI or it will not be filed correctly.  Carefully follow the E-Filing Guide to avoid mistakes.  E-Filing Guide
• In person at the Family Courthouse (check our  How to File  page for hours and more information) .

By Mail : ( mail takes about 6-8 weeks to   process )   Mail your forms and the filing fee (with check or money order made out to Clerk of Court) to:

Family Courts and Services Center Attn: Clerk of Court 601 North Pecos Road Las Vegas, NV 89101

 3. Serve the Defendant

The Court does not serve the papers for you.   It is up to YOU to make sure the Defendant gets served after you file for divorce or your case could get dismissed.   

After you complete the steps on this page, you must find a neutral 3rd person to hand-deliver a copy of the summons and complaint (and anything else you filed) to the Defendant.  There are other options if the Defendant cannot be found or served in person.  Learn all about how to have the Defendant served by visiting the  Serving the Divorce Papers page.

 4. Wait and see what happens.

You will have more forms to complete and file with the court to continue the divorce.   The court will not notify you of your future steps.  Visit the Now What? page to learn the different things you might have to do depending on what Defendant does after being served.  

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What Are Divorce Papers? The proper names and what they are used for

The term “divorce papers” does not have a precise definition.  The term encompasses all paperwork needed for the divorce process . It is important to understand what the actual name of each individual document is called and what each document is used for. Any documents that are used may be called a “divorce paper” until the divorce decree, which finalizes the divorce. Other papers such as child custody and parenting time orders can also be part of the process.

In the official divorce process in Minnesota, the first document used to start the divorce proceedings is called a “ Summons .”  This document informs both parties that they are not to harass the other, they may not change or cancel any insurance policies or change any beneficiaries to the policies. It also states that neither partner may unload any properties unless it is necessary for living expenses or to pay for their lawyer. This document helps to preserve assets until details are decided in the divorce proceedings.

Petition for Dissolution of Marriage

The document accompanying the “Summons” is known as the “ Petition for the Dissolution of Marriage ”.  The Petition includes all the important facts of the marriage. For example, the Petition will list marital and non-marital property, minor children, and any debt. The document typically asks for a resolution of sorts; for example, custody of children, child support and division of property. This document, along with the “Summons”, is personally served on the other spouse.  That spouse has 30 days to respond with a “Answer and Counter-Petition.”  Having the “Summons” and “Petition” presented by a third party is often referred to as “presenting divorce papers”.

Answer and Counter-Petition

This document is a written response to the “Summons” and Petition for Dissolution of Marriage”. The “ Answer ” contains factual information and background and the responding actions to the requests of the originating party; for example, child support and custody. This “Answer” must be served within 30 days from the date the party was first served with the “Petition”. The party may obtain an extension in written form in order to consult an attorney.  If a party fails to provide an “Answer” within 30 days, the court may grant a Default Judgment.

After the “Summons” and “Petition”, and the responding “Answer”, there will be additional stages in the divorce process. The stages can be complex and create additional documents, particularly if several hearings are necessary.  The process will eventually end with a Divorce Decree, either by agreement of the parties or decision by the Court.

Divorce Decree

The Divorce Decree is the document that finalizes the divorce and dissolves the marriage. The divorce decree will cover property division, custody and visitation, child support and alimony payments. Documents which describe specific details may be produced, particularly during negotiations to arrange details for child custody and visitation. The “Divorce Decree” is at this point the primary document, but each related document is important for the topics which it addresses.

It is important to permanently retain all documents in a safe place.  You should also keep proof of child support payments and spousal maintenance in case of future dispute.

Our Minnesota divorce attorneys can explain the process and documents which are required for your situation. Contact us for an evaluation.

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Call 952-800-2025 or reach out via our contact page to schedule a free initial consultation as the first step toward resolving your Minnesota divorce or family law needs.

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Navigating California Divorce Papers: A 10-Step Guide

Ending a marriage is emotionally difficult, but understanding the required procedures and documents makes the process more manageable. This comprehensive guide covers the vital California divorce paperwork and key steps to take when filing for the dissolution of your marriage.

Whether you’re filling out initial petitions, financial disclosures, custody agreements, or final judgments, this walkthrough aims to simplify the process and forms needed to officially terminate your marital status in California. With proper preparation and expectations going in, you can save significant time, money, and energy on what is already a challenging transition. Let’s get started.

Step 1. Checking California Residency Status

Before you can officially open and file a divorce case in California, you must establish state and county-level residency standing. California family law courts require proof that a spouse has physically resided within California for a minimum of 6 months, and within the county of filing for at least 3 months, before your initial petition.

If you have recently relocated to California or between counties, you will have to wait until those timeline minimums are met. Temporary moves for school, business, vacations, etc do not typically count towards formal residency. The court needs to see intent from spouses to remain living in California indefinitely.

You’ll formalize the specific dates of residency on the initial divorce paperwork. But go ahead and start tracking your residency details early so you can file promptly upon eligibility.

Related Terms : uniform child custody jurisdiction , legal separation, divorce forms , divorce in California, uncontested divorce, California divorce forms, enforcement act, marriage dissolution process, filing fee

Step 2. Preparing Your Initial Divorce Paperwork

The first set of essential documents serves to formally commence your divorce proceedings, outline key details, initiate the timeline for response, and notify your spouse through a valid service of process. These initial forms and petitions set the tone for the case, so thorough completion is vital.

Divorce Petition

The Petition (form FL-100) establishes grounds for dissolving the marriage, outlines basic background details on the relationship, identifies minor children involved, proposes initial settlement terms if any, and more. Your stated request and declarations must accurately reflect your situation for the case to proceed fairly.

Summons Form

The Summons (form FL-110) go hand in hand with your Petition, informing the responding spouse that a dissolution action has commenced, outlining legal rights, and establishing strict deadlines to reply formally or risk default judgment. Proper service procedures must be followed for Summons validity.

Other Initial Filings

Additional standard forms may supplement the Petition as needed to disclose community assets, request specific court orders, show proof of residency, etc. Consult an attorney or legal resource about what supplements should accompany your application based on children, property, support factors, and objectives.

Take great care to thoroughly complete initial filings. Any missing information, hard-to-read handwriting, or inaccurate details slow down court processing. Use black ink on printed forms available from the Superior Court Clerk, Family Law Facilitator, or reputable online services.

Step 3. Divorcing Without Minor Children

When no living minor children are involved in the dissolution, the paperwork and proceedings are generally more clear-cut. However, assets, debts, spousal support, and other complex money matters may still require additional legal guidance. Here is how divorce paperwork differs without kid considerations:

Child Custody Forms Not Required

The main child-related divorce filings – physical custody plans, visitation schedules, medical directives, etc – are not applicable and removed from the paperwork. Parents still have to disclose any adult-age dependent children on the initial Petition.

Potential for Summary Dissolution

If married for less than 10 years, with limited communal property, and no debt disputes, court-supervised settlement may not always be necessary. The Summary Dissolution option offers a faster, simpler, do-it-yourself divorce process minus court appearances and some forms. But consult an attorney first.

While the paperwork is simplified without minor kids, never take dissolving property, support, and other money issues lightly. Get professional advice before attempting any self-guided divorce claim, even Summary Dissolution.

Step 4. Creating Your Child Custody Agreement Outline

Perhaps one of the most emotionally painful and legally complex parts of any contentious divorce involves determining custody arrangements for minor children. But every case starts with a proposed parenting plan outline to serve the child’s best interest.

Whether you aim for full agreement between spouses, mediation, or litigated resolution, your initial custody preferences should cover:

• Desired physical living schedule and accommodations for the child
• Proposed arrangements on decision-making authority and educational rights
• Holiday and special occasion parenting time allotment
• Outline of financial contributions towards healthcare, childcare, etc
• Transportation and transfer logistics between parents related Terms: Family support order attachment, divorce documents, financial information, property declaration, California court system

Ideally, you can find consensus with your stbx on acceptable custody terms and put aside personal feelings to prioritize your child’s wellbeing. But when disputes continue even after mediation, family judges make rulings based on factors like:

• History of primary caregiver role
• Emotional bonds with each parent
• Relative stability and safety of households
• School and community ties
• Child age, maturity level, and gender
• Any history of abuse, neglect, or substance issues
• Willingness to facilitate routine access for another parent

Use your initial paperwork request to highlight arguments favoring your custody bid. But stay flexible to compromise, as cooperation and co-parenting serve most kids best long-term. Expect modifications down the road.

Step 5: Filing the FL-100 Divorce Petition in California

You’ve covered residency standing, collateral filings are complete, and you are ready to formally apply for dissolution. To commence a regular divorce, you will fill out and submit form FL-100 “Petition – Marriage/Domestic Partnership” along with the essential supplements highlighted above. Here are key sections of the form and what details to include:

Personal Information

Identifying details like your legal name, address, phone, date of birth, social security number, occupation, and length of residency in California and your current county.

Details About Your Spouse

Similar personal information, contact information, and residency standing of the responding spouse. Estimate details to your best knowledge if unsure.

Date and Place of Marriage

The exact date and location that the registered marriage occurred. Also, note if you have any existing domestic partnership that needs dissolution.

Separation Date

The specific date of physical separation if you are currently living apart from your spouse already. This impacts how assets and debts are categorized going forward.

Minor Children of the Marriage

Name, birth date, age, and social security number of any dependent children below age 18. Include any disabilities, special needs, or active memberships in tribes/reservations of kids.

Community and Separate Property Assets & Debts

Use additional Statement of Property (FL-160) forms to comprehensively list real estate, financial accounts, vehicles, personal property, retirement funds, consumer debt, liabilities, and all other community and separate assets or debts to be divided by the court. Details matter here for proper allocation.

Date of Valuation

The cutoff date in which property valuations were assessed in your disclosures. Often the date of separation or filing.

Custody, Visitation, Child Support Requests

What physical and legal custody arrangements are you seeking for children? Detail a proposed schedule, decision-making authority preferences, health insurance, childcare, child support amounts, and similar requests.

Spousal Support Order Considerations

Are you seeking temporary assistance via emergency court orders during proceedings? What amount and duration of post-judgment spousal support do you estimate? Outline the proposed justification and financial calculations.

Claim Regarding Need for Attorney Fees

If relevant to your financial situation, include a request for the court to consider ordering your spouse to contribute to your attorney service fees based on your need and ability to pay imbalances.

Double-check for completion of every section, use of correct legal names, consistency with dates and details, and thorough listing of all major assets and debts to disclose. Then sign the declaration under penalty of perjury and get ready to safely deliver copies to your spouse.

Step 6: Serving Dissolution Documents to Your Spouse

You’ve filed initial divorce paperwork with the Superior Court Clerk and gotten back date-stamped, case-numbered copies. However, the process cannot proceed until your spouse is formally served notice that the dissolution is underway and provided copies of the documentation filed.

Valid service of process options under the California Family Law Code include:

• In-person delivery by anyone 18 or older NOT involved directly with your case
• Service by registered California process server
• Substituted service to competent adult in the home followed by mail
• Delivery via sheriff in the county of filing
• In rare cases, served by certified mail with a return receipt

Ask the court clerk for instructions and forms to complete relevant Certificate of Service paperwork showing proper delivery. Do not depend on arguments like your spouse already knew about the coming divorce. Formal service requirements protect due process rights and prevent delays.

Step 7. Filing the FL-150 Response and Counter Petition

Once served correct notice of the dissolution, your spouse has only 30 calendar days to file their initial Response (FL-120) as well as a Counter Petition (FL-150) if they also seek divorce. The response indicates if they agree with elements of your petition, want revisions or dismissal of certain requests, or aim to dispute resolved through trial.

Counter petitions also cover the same personal background, marriage details, children specifics, asset/debt inventories, support requests, and other statements outlined earlier. Except told from the respondent’s perspective. The court must compare documents from each spouse when resolving contested matters.

If no response is filed within 30 days of your petition’s service date, the court may move to default judgment in your favor without your spouse present. But expect extensions and grace periods before finalizing a non-response case.

Step 8. Disclosing Finances via Preliminary Declarations

Now that divorce is underway for both spouses, the court requires detailed disclosure of your complete individual and shared financial pictures. This includes thorough documentation like:

• Income and Expense Declaration (FL-150) form outlining your gross monthly income, payroll deductions, housing expenses, healthcare costs, insurance premiums, childcare and child support payments, installment debts, account balances, etc. Everything material to determining budgets.
• Schedule of Assets and Debts (FL-142) supplemental filing cataloging real estate holdings, investment/retirement accounts, equity valuations, precise account numbers and names, vehicle loans, consumer credit card obligations, and all other community property or separate assets and debts. Values should match your declared filing date as closely as possible.
• Recent pay stubs, income tax returns, credit reports, insurance documentation, bank/investment statements, and other proof sources to validate the details stated across these financial disclosures. Expect random audits.

Take great care to make these descriptions complete and accurate. Hiding assets ultimately wastes time via contempt of court sanctions. Perjury brings criminal penalties. Even innocent mistakes get corrected eventually, so disclose everything fully on the front end.

Many divorces hinge almost entirely on financial division settlements once child custody agreements are reached. So transparency here streamlines the rest.

Step 9. Attending the Court Ordered Settlement Conference

After paperwork is filed and financial records change hands, most California county Superior Courts will order an early Settlement Conference, officially termed a Family Resolution Conference per Family Code 2400 . These mandatory meetings aim to expedite the resolution of open disagreements on your case.

You and your spouse’s legal counsel if applicable meet with a judge or appointed professional for an informal session to see if acceptable agreements are within reach given everyone’s stated filings, documentation, initial offers, and confidence levels. Top priorities usually include:

• Reviewing and approving temporary support order changes if needed
• Finalizing physical and legal child custody terms
• Achieving final spousal support order compromises
• Creating an equitable distribution of assets/debts proposal

Even without a guaranteed resolution yet, these conferences identify key sticking points to target, educate parties about realistic options given precedent, and get both closer to total settlement. Attend ready to discuss, compromise, and potentially resolve.

Step 10. Finalizing Your Divorce Judgement Paperwork

The finish line for a California divorce involves finalizing key Judgement forms and filings that officially terminate marital status, assign custody rights, divide debts and assets per settlement, order support allowances, and conclude the court’s heavy involvement in your former relationship:

• Judgment for Dissolution – Declares you legally single again and spells out operative dates for termination.
• Custody and Visitation Orders – Finalizes all legal and physical custody specifics around child access to parents.
• Child Support Judgements – Sets payment timelines, amounts owed, health insurance obligations, and cost-splitting terms.
• Spousal Support Orders – Outlines alimony payment details like amount, duration, conditions, and options for modification or termination in the future.
• Property Distribution Judgements – Comprehensively assigns each asset and debt to holders, requires refinancing/sale/transfer actions, and equitably splits community holdings.

Congrats, you’ve completed the often long and winding paperwork journey of a formal California marital dissolution! Pay attention to appeal windows, property execution timelines, and future modification options. But for now, celebrate the closure while also reflecting on lessons learned for the future. Stay positive.

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Your Divorce Glossary: A-to-Z Terms You Need to Know

By Jennifer Lance

After divorce rates peaked during the 1970s and 1980s, much has been made of the fact that they are now on the decline— especially among millennials . Still, if you’re thinking about splitting with your spouse, or you have already, sunny statistics aren’t exactly useful. Throughout this weeklong series of stories, Glamour.com explores what it means to uncouple in a modern world.

As if the act of getting divorced isn't stressful enough, there's the issue of trying to internalize what feels like an entirely new language of legalese that's unavoidable during the process. Whether you're just beginning proceedings or you're well on your way, understanding the confusing jargon can make all the difference. So, with the help of New York City–based attorney Nancy Chemtob, founding partner at Chemtob, Moss, Forman & Beyda LLP , we put together a glossary of terms you'll be hearing a lot of to help you navigate every step of the process.

Add-on expenses. Money that's paid to one's child(ren) in addition to child support. "When you're calculating child support, the money that you calculate doesn’t include add-ons," says Chemtob. "Add-on expenses cover anything that’s additional, like tutors, extracurricular activities, summer camp, college, private school, [and] nonreimbursed medical expenses."

Age of majority. The age at which a young person is considered to be an adult in a given state. “In New York state it’s 21; in Florida it’s 18," says Chemtob. "It differs state to state."

Alimony. The financial payments made by a person to his/her former spouse during separation or following divorce; this is also called spousal support or spousal maintenance. According to Chemtob, alimony payments are determined by income, with the spouse who makes more money paying the spouse who makes less.

Alternative dispute resolution. Methods of resolving legal disputes without going to trial. “It’s the same as mediation, " explains Chemtob. "You have a third party [helping to] bridge the gap and [acting as] an unbiased mediator" between those getting the divorce.

Arrearages. The amount of money that is past due for child or spousal support. “Let’s say you’re supposed to pay $10,000 a month, and you haven’t paid [for three months], you’d owe $30,000," explains Chemtob. "That $30,000 is the arrearages or the amount of money that’s unpaid for support.”

Child support. Money that a noncustodial parent pays to a custodial parent to cover their child(ren)'s food, clothing, and shelter; also called child maintenance. “There’s an age duration," explains Chemtob, meaning it’s paid [only] until the child is emancipated or reaches the age of majority.

Child support guidelines. Guidelines outlining the manner in which child support must be calculated, based on income and the child(ren)'s needs. “They look at the income [of] the spouses to determine how much the child support will be," says Chemtob. And while nearly all states have a monetary cap, this cap can be exceeded when other factors are applicable.

Custody. “Custody determines who the primary parent [is]," says Chemtob. Custody can be either legal, which means that a person has the right to make important decisions about his/her child's welfare, or physical, which means that the child lives with and is raised by that person.

Decree. The court's written order finalizing divorce.

Default. Failing to make timely support payments, as outlined by a court order. “If you fail to make timely payments, you’re in default, but there has to be a court order," explains Chemtob. If support payments are agreed upon by both parties without a court order, and one party misses a payment, he/she can't legally be held accountable.

Defendant. The person against whom legal papers are filed, also sometimes referred to as the respondent.

Deposition. Part of the discovery process in a legal proceeding wherein the plaintiff's attorney asks the defendant questions while his/her attorney is present (or vice versa), and a stenographer takes a written account of the exchange.

Discovery. A legal proceeding's information exchange process, including requests for documents and the taking of depositions.

Dissolution. In divorce cases, the reference to a relationship's end point.

Divorce. The legal termination of a marriage.

Domestic violence. Abuse or threats of abuse occurring between members of the same household.

Domestic strife. Conditions in a home impacting the daily emotional well-being of the person(s) seeking relief. It may not may physical abuse or violence, "but it’s untenable,” Chemtob says.

Emancipated. When a child is no longer under the control of his/her parents or guardians. In the eyes of the law, parents are required to take care of their children until their children reach a certain age (18 or 21, depending on the state). Emancipation terminates these parental obligations and duties of support toward the child. “Each state is different," explains Chemtob, but this rule is applicable "when the child has joined the armed forces, gotten married, [begun] working full-time, or they've reached the age of majority. "

Equitable distribution. “The division of marital assets," says Chemtob, in a way that is considered fair to both parties.

Interrogatories. Written questions served by one party to an another "in lieu of a deposition," explains Chemtob. "It's a formal document attesting to the fact that all of the answers you’re giving are true," and must be notarized.

Joint legal custody. The sharing, by both parents, of the right to make important decisions about their child's welfare.

Joint physical custody. The sharing, by both parents, of the actual physical care and custody of their child.

Legal custody. The right of one parent/guardian to make important decisions about the raising of your child, on issues such as health care, religious upbringing, education, etc.

Marital property. Generally, all property acquired during the marriage. Says Chemtob: “This can be anything that was acquired from the date of the marriage until the time that there’s a divorce action, so furniture, money, a business, anything."

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Mediation. A form of alternative dispute resolution that resolves legal disputes without going to trial, using a trained and impartial third party who attempts to bring the parties together in mutual agreement.

Noncustodial parent. The parent who does not have physical custody of the child(ren).

Nonmarital property. Also called separate property. Generally, property owned by either spouse prior to marriage, or acquired by them individually via gift or inheritance.

Parenting coordinator. A third-party person who serves as a tie-breaker in cases of joint legal custody wherein a decision between both parents/guardians can’t be reached; this person "can be a lawyer or nonlawyer" and would make a decision or recommendation on behalf of the child, says Chemtob.

Physical custody. The day-to-day rights and responsibilities associated with having your child in your home and being responsible for his/her care and upbringing.

Petitioner. Often the person who initiates divorce or marriage dissolution proceedings also called the plaintiff.

Plaintiff. The person who initiates legal proceedings often called the petitioner in family law.

Prenuptial agreement. An agreement entered into before marriage that sets forth each party's rights and responsibilities should the marriage terminate by death or divorce, also called a premarital agreement. According to Chemtob: "The parties predetermine, should there be a divorce, how the assets would be distributed and if one of the parties would receive maintenance or alimony.”

Postnuptial agreement. An agreement entered into after the marriage date, setting forth each party's rights and responsibilities should the marriage terminate. “It’s exactly the same thing as a prenup, except for the fact that the marriage has already happened,” Chemtob says.

Qualified Domestic Relations Order or QDRO. An order issued by the court to divide retirement benefits.

Respondent. The person who answers a petition in a legal proceeding, sometimes also referred to as the defendant.

Restraining order. An order issued by the court, often in conjunction with domestic violence or custody disputes, requiring the subject of the order to refrain from doing something, which can be anything from "texting, stalking, to harassing," explains Chemtob.

Settlement conference. A meeting wherein both parties and their lawyers attempt to settle a case. Explains Chemtob: "It can be before court, after court...you can do it as much or as little as you want.”

Split custody. A form of custody in which one or some of the parties' children is/are in the custody of one parent and the remaining child(ren) is/are in the custody of the other parent.

Spousal support. Financial payments made to a spouse or former spouse during separation or following divorce. Also called alimony or spousal maintenance.

Stipulation. An agreement entered into by the divorcing spouses that settles the issues between them.

Visitation. Access time that a noncustodial parent spends with his or her child(ren), either agreed to by the parties or ordered by the court.

By Elizabeth Logan

By Natasha Pearlman

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Divorce Proceedings in Nepal

• April 27, 2023 April 27, 2023
• Alpana Bhandari

Divorce, like marriage, is a life-altering decision.  Especially in light of recent shifts in Nepalese norms and legal values. Every married couple should be aware of Nepal’s divorce laws. In Nepal, divorce procedures fall into two categories. A divorce by mutual consent is the first and simplest divorce procedure. The second divorce procedure is divorce by court order.

After obtaining the letter of recommendation the husband and wife must file a petition in the district court of jurisdiction detailing the grounds for the divorce.

Mutual consent divorce procedure

Divorce by mutual consent does not take long or take much time. One of the spouses must file for divorce in court on the first day. The spouse or the person against whom the case has been filed should appear in court the next day after the application is filed. And comprehend the term and application issued to him/her in front of the court.

After fully comprehending the terms and conditions, the spouse can respond and reconcile on the same day. So that the final divorce settlement can take place on the same day. As a result, the divorce procedure is completed in just two days.

Divorce proceedings in a court of law

If the husband and wife’s relationship cannot be dissolved through mutual consent, the divorce procedure is carried out through the court system. In the case of a divorce proceeding through court proceedings, the court tries to reconcile the husband and wife, so the court grants the couple a one-year period. During this one-year period, the husband and wife may try to reconcile and compromise in order to give their marriage another chance. In the event that reconciliation fails, a divorce proceeding is initiated in court.

The divorce procedure in court is conducted as follows:

According to the law, the case must be filed within the locus standi and time limit. The legal term for the right to sue under the law is locus standi. Only those who have been wronged and harmed have the right to sue in court, according to locus standi law. Anyone other than the spouse has no right to sue in a divorce case. This means that only one spouse, either the husband or the wife, has the legal right to sue. However, that spouse must have the legal grounds for divorce. If that spouse is the victim, only the spouse can sue in court with locus standi.

Similarly, the time limit implies that the person who is required to file a case must do so within the time limit prescribed by law. The time limit in the case of divorce is only 3 months.

Jurisdiction

The complaint or lawsuit must be filed in the district with jurisdiction over the case.  The right of a court to hear a case, proceed with a case, rule on a case, and set aside a case is referred to as jurisdiction. The relevant district court has jurisdiction over cases where the plaintiff or defendant resides.As a result, a divorce case can be filed in the district court where the spouse lives.

Documents required when filing a divorce petition

• Citizenship certificate
• 2 recent passport size photos
• If lived temporarily the recommendation of the concerned local bodies .
• Details of the property if the property is to be claimed If the heir has been appointed, the original power of attorney paper

Steps for Divorce Procedure

When filing for divorce in court, you must take the following steps:

Submit the Divorce Application

The filing of a petition in the appropriate district court is the first step in the divorce process. A good divorce lawyer should be consulted before filing for divorce. On any of the aforementioned grounds, either the husband or the wife can approach the court and file a Divorce Petition.

Serving of Summons/Notice

• The summons or notice is sent to the opposing spouse as the second step in the divorce procedure after filing for divorce.
• The court assigns the respondent after the plaintiff files the petition.
• The court gives the respondent 21 days to respond to the summons after the plaintiff files the petition.
• The plaintiff or the spouse who has filed for divorce can deliver the summons to the opposing spouse; the applicant’s representative lawyer can deliver the summons to the opposing spouse; the court can deliver the summons to the opposing spouse; the summons can be delivered via email; and the summons can be delivered via national dailies.
• The period can be extended for 15 days if the opposition fails to file a counter-argument within 21 days of receiving the summons.

Response to Petition

When the opposing spouse receives the summons, the next step in the divorce process is for the opposing spouse to appear in court to respond to the summons. In court, the opposing spouse must defend himself/herself by refuting or accepting the claim. This is referred to as a response letter. When the respondent submits his or her response, he or she may also submit the necessary counter-claim. In Nepal, the respondent or opposing spouse has the option of refusing or accepting the divorce. The opposing spouse may or may not make a claim on the property share. It is up to the opposing spouse to determine how to respond in court.

• Summons to be served on the opposing party
• The court shall send a divorce petition upon receipt of the divorce petition.
• Upon receipt of the divorce petition, the court shall send the notice to the other party by a court official within a specified time period, and shall set a time limit of 21 days for the other party to respond to the petition.
• The notice can be served in a variety of ways, including by a court official, e-mail, or publication in a national daily newspaper.
• The petition’s opponent’s response
• The respondent responds to the petition, stating whether it agrees or disagrees with the claim, and may vigorously defend its claim and present its argument to the court during the court’s appearance. This is referred to as the petition response.

 Submission of proofs

The court shall issue an order seeking evidence against the parties as claimed upon receipt of a reply from the respondent. Following the defendant’s response, the court shall order the submission of evidence on behalf of the respondent.

The respondent and plaintiff are required to provide the evidence specified in the court order.

Temporary Orders

• While filing for divorce, the spouse (wife) may file a petition for a temporary maintenance and support order. The temporary order addresses child custody, child support, and spousal support/maintenance.
• The court will calculate the amount of assistance based on the respondent’s financial situation and issue an order granting an interim order.
• Civilized discussions settle disputes
• If a divorce petition is filed, the court will give the parties time to settle their differences through mediation.
• This procedure may aid in reducing divorce petitions based on minor issues such as quarrels and disagreements. This relieves the disputing parties of the court’s difficulties.

Information about the property’s source of income

If the spouses are unable to reach an agreement, the court divides the property and allocates it to the parties on an equitable basis after reviewing the documents submitted.

The divorce procedure in Nepal

When a man and a woman marry, they are legally recognized as husbands and wives. Similarly, if the spouses choose to end their relationship through divorce, the competent court will grant divorce after reviewing the documents submitted to the court. If the court grants a divorce, the spouses’ relationship will legally ended.if

the court grants a divorce, the spouses’ relationship legally ends. Divorce is the legal dissolution of the marriage relationship between the spouses. The National Civil Code, 2017, paragraph 6 contains divorce-related guidelines. Clause 93 of the 2017 National Civil Code states that if they wish to do so, they may do so.

If one of the parties does not want to start the divorce process, the divorce may be granted on the following grounds:

• Mutual consent divorce
• Divorce by judicial decree
• If they intend to do so, both parties may file for divorce in 2017 under clause 93 of the National Civil Code. A person can end a marriage by filing for divorce on the grounds of fault or no-fault in mutual consent. With mutual consent, the divorce process can begin after taking ancestral property or a lump-sum payment.

During a mutual consent divorce, all property details must be revealed, and property division is determined based on the property details.

All property details must be revealed during a mutual consent divorce process, and the division of property is determined on the basis of the property details and income as to who gets what.

Concerns about child custody, visits, and child care are involved when you and your spouse have minor children. When divorcing, these concerns should be considered jointly, and if you and your partner cannot agree on these issues, the court will determine how much time the child spends with each parent, which is known as custody right visitation.

The court will also determine the amount of child support to be paid to the parent who will have primary custody of the child. This is referred to as child support allowance. Divorce by mutual consent can be finalized in two working days.

Divorce by court order

When the spouses cannot agree on the terms of divorce at any point in time, court action is required, and the court grants divorce to protect the child’s rights after reviewing the documents presented and considering and weighing the best interests of the child.

The grounds for divorce must be satisfied before filing for divorce in a court of law.

A spouse may file for divorce in one of four circumstances. First and foremost, the separation occurs when the spouse takes the ancestral property and abandons the spouse (husband) without his or her permission and has not communicated with him for three years or more. Second, when one spouse refuses to provide food and clothing to the other spouse.

Third, when one spouse beats the other spouse (husband), causing disability and mental and physical harm to the spouse (husband).

Fourth, if a spouse has a sexual relationship outside of the marriage, the spouse (husband) can file for divorce.

According to the law, the spouse has six options for filing for divorce.

• If the other spouse (husband) is married to another woman, the spouse may file for divorce.
• When the spouse is found to have had forced sexual relations with the spouse and is proven in court to have been raped.
• The court will review the submitted documents and, if necessary, will order mediation.
• The Advantages of Divorce with Mutual Consent

a. Get a divorce as soon as possible.

A person should not have to wait long when applying for a divorce based on mutual consent. The divorce procedure can be completed in two working days if it is initiated with mutual consent. In writing, detailed information on issues affecting both spouses must be provided.

b. Reasonably priced

Divorce by mutual consent is less expensive. The lawyer will not be required to give long-term advice. The court’s proceedings will be shortened.

c. Reduced Mental Stress

If a person is forced to continue with the case for an extended period of time, it is likely to cause mental and emotional stress associated with financial burdens, leading to a slew of other issues such as debt and emotional distress.

d. Disadvantages of divorce with mutual consent; a. Property claims

When applying for divorce with mutual consent, the spouse does not usually claim ancestral property from the other spouse (husband). The spouse has the legal right to request the division of the husband’s property.

Divorce cases in Nepal

The following is the procedure to be followed when filing for divorce under the National Civil Code.

• The divorce petition MUST be filed in district court.
• Couples who want to divorce must file a divorce petition in district court.
• If the spouse conceals the property during the divorce proceedings by failing to disclose it in the application as required by the court, the hidden property will not be distributed to the spouse and will be distributed to other successors.

Decisions at the End

If the spouses cannot reach an agreement within one year, the court will issue its final divorce order. Following a review of the divorce application, the court will divide the property in an equitable manner.

 Decision Execution

After the court grants the parties divorce, the affected party must file a petition for implementation with the relevant decision-enforcing department.

The property/assets contained in the decision shall be divided between the parties to the lawsuit in accordance with the law during the implementation process.

If you have any questions about the marriage registration or divorce process in Nepal.

Please contact us at +977-9847691209 if you have any questions.

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