DIVORCE GLOSSARY

Alternative Dispute Resolution ("ADR"):

Divorce ADR is the process of resolving legal conflicts without going to trial. It is an alternative to litigation. The different forms of ADR include: Arbitration, Mediation, Negotiation, Mediation-Arbitration ("Med-Arb"), Mini-trials, and Private Judging ("rent-a Judge").

Child Custody:

Child custody is the care and control of a child. In most states, if a divorcing couple can not agree on child custody, they may participate in a custody evaluation by a neutral expert. There are two parts to custody: legal custody and physical custody. The arrangement can be joint custody or sole custody.

Child Support:

Child support is the money that is paid to a former spouse or caretaker for the support of a child. In all states, both parents have an obligation to support their children. Ordinarly the noncustodial parent pays child support based on statutory child support guidelines. If you and your spouse are able to determine how child support is to be paid, the details become part of the Marital Termination Agreement. Those details are finalized in the divorce decree. If a change in circumstance occurs, either party may attempt to increase or decrease the child support amount.

Child Custody Evaluation:

If you are in the process of a contested divorce and you are unable to agree on child custody, the Judge may appoint a custody evaluator to do a custody evaluation. Not all counties have this resource, and not all divorcing parents can afford to hire an evaluator in the private sector. During the child custody evaluation, you and your spouse will meet with an evaluator who will make a recommendation based on applying your particular situation to the child custody statutes. The child custody evaluator then submits a report to the Judge with recommendations for child custody and visitation.

Co Parenting Class:

Is a class that covers the ways parents can continue to both participate actively in a child's life. In most states, if the parties have children, the law requires that the parents take a co-parenting class when divorcing or modifying already existing court orders.

Court Order:

Orders from the Court resolve conflicts presented by the parties. A restraining order is one kind of court order. The court does not interfere with people's lives unless they ask by bringing a motion for an order.

Divorce Class:

In most states, if the parties have children, the law requires that the parents take a class that addresses the impact of divorce on the family.

Joint Custody:

Joint custody means that each divorced parent shares equally in making decisions and providing a home for their children.

Joint Legal Custody:

Joint legal custody means that each divorced parent has equal rights to participate in major decisions about their children's upbringing: religion, healthcare, after-school activities and other important issues that arise as the children mature.

Joint Physical Custody:

Physical custody refers where the children live. If there is joint physical custody the children will have two primary residences, but the time they spend in each place does not have to be equal.

Legal Custody:

Legal custody refers to making decisions about your child's education, religion, healthcare, after-school activities and other important issues that arise as your child matures. When these decisions are made by both parents, it is referred to as Joint Legal Custody.

Modification:

When circumstances change that affect child support, spousal support, child custody and other matters, a modification to the divorce decree may be warranted. Post-dissolution modifications can be made by agreement or by Court order. Property division is final, however, and not subject to modification (except by agreement).

Noncustodial Parent:

A noncustodial parent is not the primary custodian of the children. In most situations, a noncustodial parent has visitation rights and pays child support.

Parental Alienation:

This is defined as any behavior, wether conscious or unconscious, that could evolve a disturbance in the relationship between a child and the other parent.

Parenting Class:

Parenting classes that cover general parenting skills. These classes are often ordered by Judges or DCFS in many states, if the parents have children, and the parent is struggling to maintain good parenting choices.

Parent Education and Family Stabilization Class:

In many states, if the parties have children, the law requires that the parents take a class that addresses the impact of divorce on the family and shows the ways to help the changing family unit.

Parenting Plan:

A parenting plan details how divorcing parents will co-parent their children. Parties involved in divorce litigation can stipulate to a parenting plan instead of subjecting themselves to a plan determined by the court. Parenting Consultants assist divorcing / divorced couples who are struggling with a parenting plan.

Physical Custody:

Physical custody refers to the primary place the child lives.

Sole Local and Physical Custody:

When sole custody is agreed to or ordered, only one parent makes decisions and provides a primary residence for the divorced couple's children.

Visitation (Parenting Time):

Visitation is also referred to as "parenting time." Unless it is deemed not in the best interest of the child, a parent who does not have custody of his or her child will be granted parenting time. Parenting time is included in the Parenting Plan.