Divorce and separation are two legal processes that can end a marriage. There are many different terms associated with these processes, and it can be confusing to know what they all mean. This article will provide a brief overview of some of the most common divorce and separation terms, as well as their meanings.
Divorce
Divorce is the legal dissolution of a marriage. It is a formal process that involves the court declaring the marriage to be over. Once a divorce is finalized, the spouses are no longer legally married.
There are two types of divorce: fault divorce and no-fault divorce. Fault divorce is based on the grounds that one spouse has committed a marital offense, such as adultery, desertion, or physical abuse. No-fault divorce is based on the grounds that the marriage has irretrievably broken down.
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Separation
Separation is the physical and legal separation of spouses. It is not the same as divorce, but it can be a step towards divorce. When spouses separate, they typically stop living together and sharing finances. They may also choose to file for legal separation.
Legal Separation
Legal separation is a legal status that is similar to divorce, but it does not end the marriage. In some states, legal separation is a prerequisite to divorce. In other states, couples can choose to remain legally separated indefinitely.
Annulment
Annulment is a legal process that declares a marriage to be invalid. This means that the marriage never legally existed. Annulment is typically granted on the grounds that there was a legal defect in the marriage, such as bigamy or fraud.
Custody
Custody is the legal right to make decisions about a child’s upbringing. There are two types of custody: physical custody and legal custody. Physical custody refers to the right to have the child live with you. Legal custody refers to the right to make decisions about the child’s education, medical care, and religious upbringing.
Visitation
Visitation is the right to spend time with a child who is not living with you. Visitation arrangements are typically made by the parents or by the court.
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Child Support
Child support is financial payments made by one parent to the other to help support their children. The amount of child support is typically determined by the court based on the parents’ incomes and the needs of the children.
Spousal Support
Spousal support, also known as alimony, is financial payments made by one spouse to the other after a divorce. Spousal support is typically awarded to the spouse who has less income and who is unable to support themselves financially.
Property Division
Property division is the process of dividing the marital assets and debts after a divorce. The assets and debts are typically divided equitably, but there are some factors that can affect the division, such as the length of the marriage and the contributions of each spouse to the assets.
These are just some of the most common divorce and separation terms. If you are considering divorce or separation, it is important to speak with an attorney to learn more about your legal rights and options.
In addition to the terms listed above, there are a number of other terms that may be used in the context of divorce and separation. These terms can vary depending on the jurisdiction, so it is important to consult with an attorney to get specific information about your situation.
Here are some additional terms that you may encounter:
- Collaborative divorce: A process in which the spouses work together with a mediator to reach an agreement on all aspects of the divorce, including custody, visitation, child support, and property division.
- Mediation: A process in which a neutral third party helps the spouses reach an agreement on all aspects of the divorce.
- Litigation: The process of resolving a dispute through the court system.
- Restraining order: A court order that prohibits one spouse from contacting or harassing the other spouse.
- Domestic violence: Physical or emotional abuse that occurs between two people who are or were in an intimate relationship.
Sara Advocates is a law firm that specializes in divorce and family law. We can help you understand your legal options and advocate for your best interests throughout the divorce process.