Plain-language definitions of common divorce and court filing terms. Understanding these terms can help you navigate the divorce process with confidence.
Important: DivorceReady is a self-help document preparation service, not a law firm. These definitions are general information, not legal advice. For advice about your specific situation, consult a licensed attorney in your state.
A divorce where both spouses agree on all major issues — property division, debt, spousal support, and if applicable, child custody and support. Because there are no disputed issues for a judge to decide, uncontested divorces are typically faster, simpler, and less expensive than contested ones.
A divorce where spouses disagree on one or more key issues and need a judge to resolve them. Contested divorces usually require attorneys, court hearings, and significantly more time and expense. DivorceReady is designed for uncontested cases only.
The legal document that starts a divorce case. It tells the court and your spouse that you want a divorce and outlines what you are asking for. This is one of the documents DivorceReady helps you prepare.
The spouse who files the divorce petition and starts the case. The other spouse is called the respondent.
The spouse who receives the divorce petition. The respondent has the opportunity to review the petition and file a response if they disagree.
The formal process of delivering the divorce petition to your spouse so they know the case has been filed. This can be done by personal delivery, certified mail, or in some cases, publication if the spouse's location is unknown.
A document signed by the respondent that says they received the petition and do not need formal service. In an uncontested divorce, the spouse often signs a waiver to simplify the process. DivorceReady can help prepare this document.
A divorce granted when the respondent does not respond to the petition within the required time. The court may grant the divorce based on the petitioner's requests without input from the respondent.
A mandatory time period between filing for divorce and when the court can finalize it. Waiting periods vary by state — some states require a separation period, others require a residency period, and some have no waiting period.
The amount of time you must live in a state before you can file for divorce there. Most states require 3 to 6 months of residency, but some have shorter or longer requirements.
A system used by some states where most property and debts acquired during the marriage are considered equally owned by both spouses and are typically divided 50/50 in a divorce. Community property states include Texas, California, Arizona, and others.
A system used by most states where marital property and debts are divided fairly, but not necessarily equally. The court considers factors like each spouse's income, contributions, and needs when deciding what is fair.
Property and debts acquired during the marriage. In most states, marital property is subject to division in a divorce, regardless of whose name is on the title.
Property that belongs to one spouse only — typically things owned before the marriage, or received as gifts or inheritance during the marriage. Separate property is usually not divided in a divorce.
Payments one spouse makes to the other after divorce to help with living expenses. Spousal support is not automatic — it depends on factors like the length of the marriage, each spouse's income, and their needs.
The legal right to make decisions about a child's upbringing (legal custody) and where the child lives (physical custody). Custody can be joint (shared) or sole (one parent).
Regular payments one parent makes to the other to help cover the costs of raising a child. Child support is usually determined by state guidelines based on each parent's income and the custody arrangement.
A written agreement that describes how parents will raise their children after divorce, including custody, visitation schedules, decision-making, and how disputes will be resolved. DivorceReady can help prepare a parenting plan for cases with children.
The schedule for when the non-custodial parent spends time with the children. Visitation can be scheduled (regular times), reasonable (flexible), or supervised (if safety is a concern).
The court order that legally ends the marriage. The decree includes all the terms of the divorce — property division, support, custody, and any other agreements. The divorce is not final until the judge signs the decree.
A written document where both spouses agree on how they will divide property, handle support, and arrange custody. In an uncontested divorce, the settlement agreement is submitted to the court for approval. DivorceReady helps prepare this document.
Submitting court documents electronically through an online portal. Many courts now require or encourage e-filing instead of paper filing. Check with your local court to see if e-filing is available.
The fee charged by the court to process your divorce case. Filing fees vary by county and state, typically ranging from $100 to $400. Fee waivers may be available if you cannot afford the fee.
The unique number the court assigns to your divorce case. You will need this number for all court communications and documents. It is usually assigned when you file your petition.
A process where a neutral third party (the mediator) helps spouses negotiate and reach agreements. Mediation is not required in all cases, but it can help resolve disagreements without going to court.
The formal process of exchanging information and documents between spouses in a divorce. Discovery is more common in contested cases and usually not needed in an uncontested divorce.
Latin for "on one's own behalf." A pro se litigant represents themselves without an attorney. DivorceReady is designed for self-represented filers who want to handle their own uncontested divorce.
An official authorized to witness signatures and verify identity. Some divorce documents must be notarized, especially settlement agreements and property transfers.
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