Glossary of Divorce Related Terms

Annulment: A decree from a judge that declares that a marriage never existed.

Divorce: A decree from a judge that dissolves a marriage and that allows each of the partners to remarry.

Emancipation: The time when parents are no longer legally or financially responsible for their children. It can be when the child reaches a certain age, or it can depend on certain other circumstances, such as when the child joins the armed forces or gets married.

Joint Legal Custody: Both parents, together, make major decisions about their minor children such as residence, healthcare, education, religious practices, etc.

Legal Separation: A decree from a judge that declares that a married couple, living separately, are not responsible for each other. However, they are still married to each other and cannot remarry.

Mediation: A voluntary process where a trained, neutral person (a mediator), helps people reach acceptable agreements together.

Order of Protection: A written order by a court prohibiting a person from taking certain actions, such as harrassing, living with, visiting, or even contacting a spouse or children.

Retainer: A deposit paid to a lawyer when he is first retained (hired). The lawyer's hourly fee is deducted from the retainer as work is done on the case. When the retainer is used up, it has to be replenished, usually on a monthly basis. Initial retainers in divorce cases usually range from $2,500 to $10,000,or more.

Separation Agreement: A formal, written agreement signed by the husband and wife, that settles all of the issues that must be decided for a divorce. Issues include how the marital property will be divided, the terms of any maintenance (alimony) and child support that must be paid, and the parenting plan for the custody and visitation of the children. It can also contain any other agreements that the couple has reached.

Sole Legal Custody: Only one parent has the right to make major decisions about a minor child. There is no requirement to consult with the other parent first. Sole

Physical Custody: Child will live only with one parent.

Split Physical Custody: This term can have two separate meanings. It can mean that a child lives with each parent for approximately the same amount of time. It can also mean that different children each live with a different parent.

Temporary Agreement: A written agreement that is in effect while divorce proceedings are pending, until the final divorce judgment. It usually concerns the couple's financial and support issues as well as parenting issues, such as where the child will be living, and visiting schedules with the non-residential parent.

Visitation or Access: The legal right of the non-custodial parent to spend time with the child.

If you have any questions about these or other terms, contact Michael P. Stokamer, JD.