When you conclude that your marriage is over and it’s time to call your divorce attorney, things start to get even more complicated. There are so many terms related to divorce that aren’t necessarily used in other contexts, and it’s not always clear what they mean. Here’s your primer on divorce terminology.
Dissolution of marriage
This is the legal term for a divorce. You’ll file a petition for a dissolution of marriage, saying that you wish to dissolve the marriage.
Spousal Support
Spousal Support is money paid by one spouse to the other temporarily during and/or after a divorce to help the receiving spouse maintain their lifestyle. It may be temporary until they find employment, or it may last several years. In most cases, spousal support is terminated after the receiving spouse remarries or begins living with another romantic partner. Spousal support can be ordered whether there are children from the marriage or not.
Child support
Child support is money paid by the noncustodial parent to the custodial parent to financially support children that resulted from the marriage (or from the two spouses, if children were born before the marriage). It only applies to children that belong to both spouses, or children that belong to one spouse and were adopted by the other.
Custody
Custody indicates who the children live with and who makes decisions regarding the children. There are two types of child custody: Managing conservator, who usually has the right to designate the primary residence of the child, and the possessory conservator who normally has a visitation schedule with the children. In most cases, parents are named joint managing conservators, with one being the managing conservator and the other the possessory conservator.
Visitation rights
Visitation rights refers to when one parent is the possessory conservator . The parent that does not have primary custody (managing conservator) gets visitation rights, or the right to see their children during specifically outlined periods of time. Visitation rights can vary from case to case, and depending on the circumstances, can be very liberal or very restricted.
Uncontested divorce
If both spouses agree on everything, the divorce is uncontested. Typically, this applies to couples who haven’t been married long, don’t have many combined assets, and don’t have children. Although any case can be uncontested despite the amount of assets or children involved, as long as both parties agree.
Contested divorce
A contested divorce is one in which there is at least one issue on which the spouses don’t agree. This disagreement usually requires mediation or a judge’s decision to complete the divorce, and thus, it takes longer.
Residency requirements
Texas, like most states, has a residency requirement. This means that you are required to live in Texas for at least six months before filing for divorce, and in the county in which you file for divorce for at least three months before filing. Either spouse can meet the requirement.
No-fault divorce
A no-fault divorce is a divorce in which the grounds are often described as “irreconcilable differences.” It indicates that neither spouse has done anything wrong, and that both spouses agree that the marriage simply can’t continue because neither spouse wants to remain in it.
Fault divorce
A divorce indicating fault is when one spouse is being blamed for the divorce. Grounds for fault include adultery, insanity, cruelty (abuse), or abandonment.
Temporary order
A temporary order is one that the court puts in place as a temporary measure while the divorce is proceeding. There may be a temporary child support or custody order, for example, so that one parent has custody until the divorce is concluded and final custody is determined.
Final order
A final order is one issued when the divorce is complete. It means that the terms of the order are permanent, unless one of the spouses can prove a reason for changing it, such as increasing or decreasing child support, a change in visitation with the children or stopping spousal support.
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