In California divorce cases, several legal terms are commonly used to describe the various processes, responsibilities, and issues involved in the dissolution of marriage. Here are some of the key terms you may encounter during a divorce in California:
1. Petition for Dissolution of Marriage
- The formal document filed by one spouse (the petitioner) to initiate the divorce process. It outlines the desire to end the marriage and may also request issues like spousal support, child custody, and division of assets.
2. Respondent
- The spouse who is served with the petition for divorce and must file a response to the petition. The respondent can agree to the terms proposed or file their own petition for dissolution with different terms.
3. Dissolution of Marriage
- The legal term for divorce in California. It refers to the process by which a marriage is legally ended, and it includes the division of assets, determination of spousal and child support, and custody arrangements.
4. Irreconcilable Differences
- The most common ground for divorce in California. It means that the spouses can no longer get along, and their marriage cannot be saved. This is a no-fault ground, meaning neither spouse has to prove wrongdoing to obtain a divorce.
5. Community Property
- Property acquired during the marriage that is considered jointly owned by both spouses, regardless of who holds the title. Community property is typically divided equally in a divorce. This includes income, assets, and debts acquired during the marriage.
6. Separate Property
- Property that is owned by one spouse before the marriage, or that was inherited or received as a gift during the marriage. Separate property is not subject to division in a divorce, except for any appreciation or income generated by the separate property during the marriage.
7. Spousal Support (Alimony)
- Financial support one spouse may be ordered to pay to the other after a divorce. Spousal support can be temporary (while the divorce is pending) or permanent (after the divorce is finalized), depending on the circumstances of the marriage and the financial needs of the spouse requesting support.
8. Child Custody
- The legal arrangement concerning which parent will have the authority to make important decisions about a child’s life (legal custody), and where the child will live (physical custody). In California, custody arrangements can be shared (joint) or awarded to one parent (sole).
9. Child Visitation
- The schedule and terms under which a parent who does not have primary custody of the child can spend time with the child. Visitation arrangements can vary based on the parents’ circumstances and the child’s best interests.
10. Child Support
- Financial support one parent may be ordered to pay to the other to assist with the expenses of raising their child. In California, child support is calculated using a state formula that considers both parents’ incomes, the time spent with the child, and other factors.
11. Temporary Orders
- Orders made by the court during the divorce process to address immediate issues, such as temporary custody, spousal support, or child support. These orders are in place until the divorce is finalized.
12. Judgment of Dissolution
- The final legal decree issued by the court that officially ends the marriage. The judgment also addresses the division of assets, debts, child custody, child support, and spousal support.
13. Mediation
- A process where a neutral third party (a mediator) helps the spouses resolve disputes, such as custody or division of property, without going to trial. Mediation is often required by the court before a divorce trial.
14. Property Division
- The process of dividing community property and debts between the spouses. California is a community property state, meaning that assets and debts accumulated during the marriage are typically split equally between the spouses.
15. Pendente Lite
- A Latin term meaning “pending the litigation.” It refers to temporary orders that are in effect while the divorce case is still ongoing, such as temporary custody, support, and property use orders.
16. Request for Order (RFO)
- A formal request filed with the court to make or modify temporary orders. For example, if a spouse needs to request temporary spousal support or child custody orders during the divorce process, they would file an RFO.
17. Final Judgment
- The formal decision issued by the court that finalizes the divorce, including all issues of property division, spousal support, child support, and child custody. It legally dissolves the marriage.
18. Legal Separation
- A legal process where a married couple lives apart but remains legally married. A legal separation can address issues like custody, support, and property division, but the marriage is not dissolved. Some couples choose legal separation for religious or other reasons.
19. No-Fault Divorce
- California is a no-fault divorce state, meaning that neither spouse needs to prove fault or wrongdoing (such as infidelity or abuse) in order to get a divorce. Irreconcilable differences are the most common ground for divorce.
20. Spousal Support Modification
- A legal process by which either spouse can request the court to modify or terminate spousal support, typically based on a change in circumstances such as a significant change in income, employment, or the supported spouse’s ability to support themselves.
21. Ex Parte Orders
- Orders made by the court on an emergency basis, often without notice to the other party. These orders are usually temporary and address immediate concerns, such as restraining orders or temporary custody orders.
22. Domestic Violence Restraining Order (DVRO)
- A court order designed to protect a spouse from domestic violence. A DVRO can include orders to stay away from the victim, move out of the family home, and other restrictions. Domestic violence can also impact decisions related to custody, spousal support, and property division.
23. Collaborative Divorce
- A divorce process where both spouses and their attorneys agree to resolve all issues without going to court. It involves negotiation and collaboration rather than litigation.
24. Dissolution by Agreement
- When both spouses agree on all aspects of the divorce, including property division, support, and custody, they may submit a settlement agreement to the court for approval. This can speed up the divorce process and avoid the need for trial.
25. Filing Fee
- The fee required to file the petition for divorce in California. The standard fee is approximately $435, though it may vary depending on the county.
Conclusion
Understanding these terms is essential in navigating the California divorce process. If you’re going through a divorce or legal separation, knowing the terminology will help you better understand your rights and responsibilities. Additionally, it can make it easier to work with your attorney and communicate effectively with the court.
