- Karen Green - Domestic Violence Case Coordinator

• Absolute Divorce - the actual termination of the marriage
• Alimony - money paid by one spouse to the other for support
• Rehabilitative Alimony - temporary support until the party is able to rejoin the workforce and/or earn an income on which s/he can be self-supporting
• Permanent Alimony - indefinite spousal support; infrequently awarded today
• Child support - monies paid to the custodial parent; based on income of the parents
• Custody -

  1. Physical custody - where the children live

  A. Sole physical custody - when the children reside primarily with one parent (custodial parent) and spend less than 128 overnights with the other parent (non-custodial parent)

  B. Shared physical custody - a variety of schedules from a minimum of 128 overnights with the non-custodial parent to a 50/50 sharing of time

2. Legal custody - who has the right to make decisions on behalf of the children (educational, medical); can be either sole or shared.

• Discovery - methods of gathering information about the opposing party or other matters of importance to the case; attorneys may propound discovery through the use of Interrogatories (a set of no more than 30 questions), Request for Production of Documents, Records Depositions, Depositions, Subpoenae, and/or Request for Admissions of Fact and Genuineness of Documents
• Earnings Withholding - when child support or alimony is deducted directly from the payor’s paycheck by the employer
• Financial Statement - a comprehensive list of an individual’s income, expenses, assets, and liabilities; used to help determine child support and/or alimony
• Guardian ad litem - an attorney appointed to represent a minor child to determine the best interests of that child; attorney is agreed upon by counsel or appointed by the court
• Limited Divorce - a court sanctioned separation when there are not yet grounds for divorce
• Marital property - property acquired during the marriage and/or paid for from joint funds
• Master - an experienced attorney who is granted certain, specific judicial responsibilities by the court; generally seen for uncontested divorces, custody/alimony/child support issues
• Master’s Hearing /Pendente Lite (P.L.) Hearing - meeting with a master to discuss the issues in contention; requests for temporary financial relief (child support and/or alimony) are heard; a master makes recommendations to a judge to issue a Pendente Lite Order
• Mediation - the parties, with or without their attorneys, meet with an impartial third party, usually another attorney or psychologist to assist in resolving all major issues; may also draft the property settlement agreement; the parties may choose to attend mediation or the court may order the parties to participate in one or more mediation sessions
• Monetary Award - monies awarded to balance the property division
• Non-marital property - property acquired prior to the marriage or through inheritance or gift; not co-mingled with joint funds of the parties
• Pendente Lite - Latin term for temporary; used in reference to alimony, custody, child support and other financial responsibilities up through the date of trial
• Premarital Agreements - agreements entered into prior to marriage identifying what assets each party owns prior to marriage and specifying how to deal with finances and property in the event of death or divorce
• Pre-trial /settlement conference - meeting with a volunteer lawyer, master or judge in an effort to resolve issues prior to trial
• QDRO (Qualified Domestic Relations Order) - an order providing for the division of retirement assets
• Scheduling Conference - meeting with the court to determine the dates for hearings and trials; sometimes used to mediate specific issues
• Separation - living in separate residences without the resumption of co-habitation or sexual relations with each other
• Trial - when an agreement can not be reached, the matter goes before a judge. Both sides present evidence and the judge rules (decides)
• Voluntary Separation and Property Settlement Agreements - agreements dividing up the marital property of the parties and dealing with custody, child support, alimony, monetary award, etc.