To leave or desert. This term is applied when one married spouse leaves the marital home. In some areas this may be grounds for divorce or may reflect adversely upon the spouse who moves.

Voluntary sexual intercourse between a married person and someone other than his or her lawful spouse. In some areas this may also be grounds for divorce or adversely affect the offender's case.

A written declaration upon oath made before an authorized official. Sworn statement in writing, usually made under oath or on affirmation before a magistrate or officer (often a notary public). In a divorce proceeding, Affidavits usually accompany motions and are used to avoid having to appear in court personally to testify.

To supply of the means of living; maintenance. Also called maintenance or support. See Maintenance.

The judge can award temporary alimony when a couple has separated, but has not yet divorced, Spousal support to be paid by one marital partner to the other during the pre-trial period of separation.

Moving a trial to a new location. In high-profile matters, a change of venue may occur to move a jury trial away from a location where a fair and impartial jury may not be possible due to widespread publicity it may be necessary to move to another community in order to obtain jurors who can be more objective in their duties. This change may be a few towns away, or across the state. Change of judge or location.

Method used in some legal jurisdictions to establish a base for determining child support. Takes into account the gross incomes of both parents, less special adjustments (such as support paid for children of previous marriage), and a figure for the amount of money (usually stated as a monthly sum) that will be required to be spent for the child. The court has the authority to deviate from the formula as it deems necessary in each case.

Congress passed the landmark Consolidated Omnibus Budget Reconciliation Act (COBRA) health benefit provisions in 1986. The law amends the Employee Retirement Income Security Act, the Internal Revenue Code and the Public Health Service Act to provide continuation of group health coverage that otherwise might be terminated.

Cost of Living Adjustment.

Willful disobedience to or open disrespect for the rules or orders of a court. The deliberate failure to comply with the orders or directives of the Court.

To call into question and take an active stand against; dispute or challenge. Any issue on which the petitioner and respondent cannot agree, which must then be decided by the court.

Parent that has primary physical custody of the child. Typically the Child resides with the custodial parent.

Failure to perform an act or obligation legally required, especially to appear in court or to plead at a time assigned. Failure to respond in the prescribed manner within a given period of time. The Respondent in a Petition for Dissolution is said to be in default if he or she failed to respond within a set period of time, usually 30 days after the date of service.

This includes all retirement assets, such as pension, 401K's, IRA's, and any variety of saving or postponed income which has been earned during the marriage.

Pretrial disclosure of pertinent facts and documents, including financial figures, by one or both parties.

A list of cases in court for trial, or the names of the parties who have cases pending. The court's calendar schedule.

Freeing someone from the control of another; especially a parent's relinquishing authority and control over a minor child. The point at which children become financially independent, or reach the age of 18 or 21, depending on the wording of a state's laws.

On or from one side or party only, sometimes used in reference to the absence of the opposing party.

A court will grant the spouse least at fault a divorce when both parties have shown grounds for divorce. The basis for action or complaint, as in grounds for divorce.

An instance or a session in which testimony and arguments are presented, especially before an official, as a judge in a lawsuit. A court session in which testimony or arguments are offered by attorneys or involved parties for the purpose of resolving a legal dispute.

A formal or written question that must be answered under the direction of the court.

Situation in which both parents continue to make joint decisions for their child's education, medical care, religious training, camp, and other day to day matters.

Parents who don't live together have joint custody (also called shared custody) when they share the decision-making responsibilities for, and/or physical control and custody of, their children. Joint custody can exist if the parents are divorced, separated, or no longer cohabiting, or even if they never lived together. A situation wherein the child spends time sleeping in both parents' homes.

Dissolution of the marriage or legal separation may be based on either of the following grounds: (a) Irreconcilable differences, which have caused the irreparable breakdown of the marriage; or (b) Incurable insanity (only upon proof). [Based on California Family Code - Sections: 2310]

The grounds for a legal separation are the same as the grounds for a divorce, and the same residency requirements must be met. After entry of a judgment of legal separation of the parties, the earnings or accumulations of each party are the separate property of the party acquiring the earnings or accumulations. [Based on California Family Code - Sections: 2310, 2320, 772]

Alimony (a.k.a. spousal support, maintenance) money is given at one time in a single lump-sum payment.

Also called alimony or spousal support.

An attempt to effect a peaceful settlement between disputing nations through the friendly good offices of another power. A non-adversarial process in which two or more parties work through discussion and compromise toward agreement with the aid of a neutral party, or Mediator. In Divorce Mediation, the Mediator works with the divorcing spouses.

When issues are being contested, and there is a minor child of the spouses or parents or of either of them whose welfare might be affected thereby, the family conciliation court has jurisdiction as provided in this part over the controversy and over the parties to the controversy and over all persons having any relation to the controversy. [Based on California Family Code - Sections: 1830]

You are asking the court to change something in your court judgment or a prior order. You must be able to show that there has been a "substantial change in circumstances" since the last court order. A motion put before the court requesting that changes be made in physical or legal custody, or in child support payments, thus modifying the existing arrangement.

Application made to a court for an order or a ruling. Written or verbal appeals to the court for some sort of temporary relief, such as maintenance, child support, attorney's fees, etc.

A divorce in which neither party has been accused of or found guilty of any misconduct.

The parent that has the child for a lesser amount of time, Typically the child does not reside with the non-custodial parent except during the time that the non-custodial parent exercises their visitation right with the child.

Aalso called a custody and visitation agreement, is the parents’ written agreement regarding: "Physical custody," which means where your child lives and how your child spends their time. Think about activities, overnights, and day-to-day care: Where should our child be during the week and on weekends. Where should our child be for holidays, summer vacations, and special days. Which parent will be in charge of which activities (sports, music, homework). Which parent is in charge at which times and who will pay the costs.

Once a dissolution or divorce case is filed and service has been obtained, either party may file a Motion for Temporary Orders (called a PDL). The purpose of this Motion is to request the Court to order one party to provide for child support, maintenance and/or the payment of some debts for the period during which the case is pending. Any motion filed before the Petition is presented in court. Cannot be filed until at least 30 days after the Respondent is served with notice of intention to divorce. See Motions.

A legal document that is filed in court by a spouse who seeks a divorce. The wording used in some states for the legal Petition for Divorce.

Someone who petitions a court for redress of a grievance. The spouse who files for divorce.

California is a community property state. Except as otherwise provided by statute, all property (wherever situated) acquired during the marriage while domiciled in this state is community property. Except upon the written agreement of the parties, or on oral stipulation of the parties in open court, or as otherwise provided in this division, the court shall divide the community estate of the parties equally. Separate property is not included in the division of the community estate.

A qualified domestic relations order is an order" that needs to be included in a divorce agreement when dealing with pension funds. A Qualified Domestic Relations Order is a court order declaring that one spouse shall be entitled to a portion of the other spouse's pension as a part of the marital assets.

A document by which a person (the "grantor") disclaims any interest the grantor may have in a piece of real property and passes that claim to another person (the grantee). To release or relinquish legal claim, or a document relinquishing claim, as in a quit claim to the deed to the marital house.

The speech act of refuting by offering a contrary contention or argument. The act of rebutting or contradicting in a legal suit.

You may request documents from the opposing party that relate to issues in your divorce case. The 'request for production' of documents must set forth the items to be inspected. You must describe the documents by individual item or by category. Part of the Discovery process in which one attorney asks for the other side to produce documents they deem necessary to the case, such as financial documents.

To file for a dissolution of marriage (divorce), one party must be a resident of California for six months, and a resident of the county in which the proceeding is filed for three months, before filing the petition. The superior court has jurisdiction in proceedings under this code. [Based on California Family Code - Sections: 200, 2320]

A defendant, especially in appellate and divorce proceedings. The spouse whom the Petitioner is seeking to divorce.

The fee paid to an attorney or other professional for their services, sometimes representing advance payment for anticipated future services.

(1) All property owned by the person before marriage. (2) All property acquired by the person after marriage by gift, bequest, devise, or descent. (3) The rents, issues, and profits of the property described in this section. (b) A married person may, without the consent of the person's spouse, convey the person's separate property. After entry of a judgment of legal separation of the parties, the earnings or accumulations of each party are the separate property of the party acquiring the earnings or accumulations. [Based on California Family Code - Sections: 760, 770, 772, 2550]

The act of serving the respondent with legal papers, such as the Notice of Petition for Dissolution.

See above. These papers are usually presented to the respondent either by mail, or in person by a County Sheriff's Deputy or Process Server.

A writ issued by court authority to compel the attendance of a witness at a judicial proceeding; disobedience may be punishable as a contempt of court A legal summons requiring that one appear in court as a witness to give testimony.

A call or citation by authority to appear before a court or a judicial officer. Written notice to appear in court either as a defendant or a witness.

The purpose of temporary orders is to establish temporary custody, support and property arrangements while the case is pending (i.e. until the parties agree on an acceptable final settlement or a judge orders one after a trial).

The formal legal process in which the court (judge) receives evidence and testimony to enable him or her to decide in a dispute between two parties.

When all issues have been resolved in a manner acceptable to both parties, the divorce is said to be Uncontested.

The right of a parent to visit a child as specified in a divorce or separation order. The legal right of a non-custodial parent to see his or her child (children).

The legal document with which one relinquishes a known right, claim, or privilege