Divorce Terminology (14)
Pro Se means you are representing yourself in a court case and do not have legal counsel.
An absolute divorce is when a marriage legally ends, thus, legally freeing both the parties to remarry.
The custodial parent is the one that has physical custody of the child, whereas the non-custodial parent does not have such custody.
Discovery is a way of obtaining valuable information that is pertinent to a divorce case, such as on the children, assets, and debts, through depositions, written discovery, Subpoenas, and Inventory and Appraisements.
In Texas, both spouses must provide discovery within 30 days of entering into divorce proceedings.
A prenuptial agreement is a ‘before-marriage contract or agreement’ that is signed by both partners concerning the ownership of their assets and financial rights in the event their marriage fails.
It is temporary financial support given by one spouse to the other while the divorce action is pending.
In a “no-fault” divorce, neither spouse has to prove that the other spouse did something wrong to cause the breakup. State of Texas offers a no-fault divorce option, though the exact “grounds” (reasons) for the divorce vary state-to-state. For example, no-fault grounds for divorce might be called:
- insupportability
- irreconcilable differences, or
- irretrievable breakdown of the marriage.
In Texas divorce cases, one spouse is the petitioner, and the other is the respondent. The petitioner is the spouse who initiates the divorce by filing a petition for divorce. The respondent is the spouse who receives divorce papers from the petitioner and must then file an answer. The benefit to being the petitioner is that you get to go first in family court, which could set the tone for the case.
Temporary orders are made by a judge to prohibit or enforce certain actions until a divorce is finalized. It is a way to maintain the status quo and protect both parties during the divorce process. Simply put, it lays out the rules to live by which to live while the divorce process is pending. For example, a judge may issue temporary orders regarding child custody, visitation, support, or the use of joint property. These orders are typically made at the beginning of the divorce process and remain in effect until the divorce is finalized.
A prove-up hearing occurs in front of a judge at an uncontested divorce proceeding. Both parties, through their attorneys, simply confirm – or prove – to the judge that the divorce is uncontested and both parties agree to the terms. The hearing usually takes less than 10 minutes, and the divorce is usually granted without testimony or argument.
A QRDO is a Qualified Domestic Relations Order. This is a court order that tells a retirement plan administrator how to distribute retirement accounts to each spouse. A QRDO can be used to divide 401Ks, pensions, profit-sharing plans, annuities and other types of retirement accounts. Simply put, a QRDO is a divorce court’s way of telling a retirement plan administrator how to divide the retirement account in a divorce.
Not all divorces and family disputes go through contested litigation in a courtroom. It is often easier for both parties to go through something called “mediation” to avoid the emotional and financial stress of going to trial.
During mediation, both parties meet with a neutral third party – a family law mediator – who helps facilitate communication between the two sides. The mediator does not make decisions for the parties; rather, he or she helps them come to a mutual agreement.
The spouses meet in separate rooms with the mediator and try to settle their differences around issues like property division and child custody. After both parties agree, the parties sign a “Mediated Settlement Agreement” that resolves all issues between the parties.
In Texas, some judges order couples to see a mediator before going to trial in court.
An attorney ad litem is a lawyer appointed by the court to represent your child. The attorney’s job is to advocate for the child and express the child’s wishes to the court.
In a divorce or other family law proceeding, an attorney ad litem may be appointed if there are issues of child custody and visitation at stake. The attorney will interview the child, review any relevant documents, and speak with the child’s parents, teachers, and any other important adults in the child’s life. The attorney will represent the child in court or in legal proceedings, express his or her wishes and advise the child on possible outcomes.
An amicus attorney is a lawyer appointed by the court to provide information to the court that may be helpful in making a decision, usually in child custody or visitation matters. An amicus attorney does not represent any of the parties or the child. The attorney is purely an arm of the court who advocates for the best interests of the child.
An amicus attorney is appointed by the judge, who will issue an order outlining their duties in the case. This could include interviewing the child and parents, conducting home visits, and requesting and reviewing documents. The purpose is to get an intimate view of the parenting styles and living conditions of both parents.
The judge determines which parent pays the amicus attorney’s fees or if both parties do.