Legal Terms Chapter 39 - Divorce Procedure

Question 1

Alimony

Answer 1

An allowance made to a divorced spouse by a former spouse for support and maintenance; also called spousal support.

Question 2

Appearance

Answer 2

The voluntary submission to the court’s jurisdiction, either in person or by an agent.

Question 3

Bilateral foreign divorce

Answer 3

A divorce that occurs when both parties make an appearance in a foreign state or country.

Question 4

Child support

Answer 4

The legal obligations of parents to contribute to the economic maintenance of their children; also called maintenance.

Question 5

Collusion

Answer 5

An agreement between a husband and wife that one of them will commit a marital offense so that the other may obtain a divorce as a defense in a divorce action.

Question 6

Comity

Answer 6

A doctrine stating that the courts of one jurisdiction will give effect to the laws and judicial decisions of another jurisdiction, not as a matter of obligation, but out of deference and respect.

Question 7

Condonation

Answer 7

The forgiveness of a matrimonial offense as a defense in a divorce action.

Question 8

Connivance

Answer 8

The plaintiff’s secret cooperation in the commission of a marital wrong which is a common law defense in a divorce action.

Question 9

Custody of children

Answer 9

The care, control, and maintenance of children.

Question 10

Decree

Answer 10

Divorce court’s decision because it was traditionally a decision of a court of equity; old term, now called judgment.

Question 11

Divided custody

Answer 11

Custody in which the child lives with each parent part of the year, the other parent usually having visitation rights, but not control of the child during that period.

Question 12

Domicile

Answer 12

A person’s permanent place of abode to which the person intends to always return.

Question 13

Emancipated

Answer 13

Freed from parental control.

Question 14

Equitable distribution laws

Answer 14

Laws that give courts the power to distribute property equitably between the parties.

Question 15

Ex parte foreign divorce

Answer 15

A divorce that occurs when one spouse appears in a foreign jurisdiction, and the other spouse does not appear and fails to respond to the notice of divorce or service of process.

Question 16

Foreign jurisdiction

Answer 16

A jurisdiction, such as another state or country, other than that in which a current litigation is taking place.

Question 17

Forum

Answer 17

The place of litigation.

Question 18

Full faith and credit clause

Answer 18

A clause in the U.S. Constitution Article VI requiring each state to recognize the laws and court decisions of every other state.

Question 19

Interlocutory decree

Answer 19

A provisional or temporary decision of a court that becomes final at the end of a stated period unless a valid reason is shown for not issuing it.

Question 20

Joint custody

Answer 20

Custody in which the child lives with each parent part of the year, the other parent usually having visitation rights, but not control of the child during that period.

Question 21

Judgment nisi

Answer 21

A provisional or temporary decision of a court that becomes final at the end of a stated period unless a valid reason is shown for not issuing it.

Question 22

Libel

Answer 22

A pleading to begin divorce action; old term, now called complaint for divorce/dissolution.

Question 23

Libelant

Answer 23

The plaintiff in a divorce action; old term, now use plaintiff or petitioner.

Question 24

Libelee

Answer 24

The defendant in a divorce action; old term, now use defendant or respondent.

Question 25

Pendente lite

Answer 25

Litigation pending.

Question 26

Petition

Answer 26

A written application for a court order that begins a divorce; used in states like CA.

Question 27

Petitioner

Answer 27

One who presents a petition to a court; also the name of the plaintiff in a divorce action.

Question 28

Physical custody

Answer 28

The day-to-day care of a child, including his or her residence.

Question 29

Proceeding

Answer 29

The name for the procedure for obtaining a dissolution of marriage.

Question 30

Recrimination

Answer 30

Conduct on the part of the plaintiff that constitutes a ground for divorce which is a common law defense to a divorce action.

Question 31

Residence

Answer 31

A place where a person actually lives, but may not be their place of abode.

Question 32

Respondent

Answer 32

One who is called on to answer a petition; also the name of the defendant in a divorce action.

Question 33

Response

Answer 33

The written answer to a petition filed by a respondent.

Question 34

Temporary custody

Answer 34

Custody of a child awarded to a parent on a temporary basis, pending the outcome of a divorce or separation action.

Question 35

Uniform Enforcement of Support Act

Answer 35

An act that has been adopted by every state in the United States provides that a support order of one state can be enforced in every state.