List of Legal Terms
NOTE: Some of the following terms apply to the law in general, while others apply to divorce and family
law in particular. However, all the definitions should be read in the context of divorce and family law.
Terms Used in Parents Forever™
Adjudication: The legal process of resolving a dispute, such as divorce. In adjudication, lawyers
speak to each other on behalf of their clients before a judge, who makes the final decisions based on
the lawyers’ arguments, statutory requirements, case decisions, and formal rules. Divorcing parents
have the least control of decisions regarding their children and other matters when they rely on this
method.
Affidavit of service: Legal document that gets completed to verify when the summons and petition
were served, and who served them.
Alimony: See “Spousal/partner maintenance.”
Alternative dispute resolution (ADR): A method of resolving legal problems before going to court.
ADR involves an independent third person, called a “neutral” party, who tries to help resolve or narrow
the areas of conflict. The use of ADR early in a case can result in the more efficient, cost-effective
resolution of disputes with greater satisfaction to the parties. A great majority of the civil cases,
including divorces, filed in Minnesota state courts are settled by using ADR.
Answer: A written response to a petition, or complaint, that denies, admits, or otherwise addresses
the allegations in the complaint. Also called a “response,” an answer may additionally set forth
affirmative defenses and counterclaims.
Appeal: The process of seeking and obtaining a review and reversal by a court of a lower court’s
decision.
Arbitration: A formal process in which each party presents positions to a trained neutral third party, or
arbiter, who makes a final decision or recommendation. The decision may be binding or non-binding,
depending on the process chosen by the state, but it is typically binding.
Attorney: A person admitted to practice law and authorized to perform criminal and civil legal
functions on behalf of clients. These functions include providing legal counsel, drafting legal
documents, and representing clients before courts, administrative agencies, and other tribunals.
Best interests of the child: The doctrine used by most courts to determine a wide range of issues
relating to the well-being of children. The most important of these issues concern questions that arise
upon the divorce or separation of the children’s parents, such as with whom will they live and how
much parenting time will the parents, and/or other parties, be allowed or required to have with the
children.
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Child custody: There are two broad types of child custody — legal and physical. Custody includes
day-to-day care and making decisions regarding the child’s upbringing. For more details, see “legal”
and “physical” custody below. In Minnesota courts, the term “parenting” may be used instead of the
term “custody.”
Child support: Payment made for the support of the children of divorced or separated parents while
the children are minors or until they reach an age set by the divorce decree or separation agreement.
Child support is usually paid by the non-custodial parent. In the case of joint custody, both parents
usually pay child support.
Child support services office: In Minnesota, this is a county-run agency that assists with a number
of steps related to child support, including locating a parent, establishing paternity, establishing court
orders for child support, and collecting and enforcing child support.
Child support worker: An employee of the child support services office who assists with establishing
and collecting child support.
Complaint: See “Petition.”
Conciliation: A method of alternative dispute resolution in which a third party, who is usually but not
necessarily neutral, meets with the two adversarial parties and assists them in finding a way to settle
their dispute.
Custodial parent/custodian: The parent who has physical custody of his/her children. Also see
“Non-custodial parent.”
Custody evaluation: See “Custody study.”
Custody study: A study, or investigation, often ordered by the court if parents cannot agree on
custody. The study is assigned to a specially trained and qualified neutral party to assess the ability of
each parent to care for and raise the children. Written recommendations, based on interviews with,
and observations of, each parent, each child, and others, are submitted to the court at the conclusion
of the custody study.
Decree: A court judgment, as in probate, divorce, and other cases; the final papers entered into court
records regarding the judgment. Also called “judgment.”
Decree of dissolution: The court’s final judgment granting a divorce, or termination of marriage. Also
called “divorce decree.”
Divorce decree: See “Decree of dissolution.”
Early neutral evaluation (ENE): A process in which couples seek an early opinion about how a
judge is likely to rule on their divorce proceeding. Both spouses participate in the process with their
attorneys, but the evaluator simply provides his or her opinion. Acceptance of an evaluator’s opinion is
voluntary. There are two types: social (SENE) and financial (FENE).
File: The process by which a “petition” (or “complaint”) is legally submitted to the court.
Guardian ad litem: A person appointed by the court to represent the best interests of the children
and advise the court with respect to custody, support, and parenting time.
Hearing: A legal proceeding in which parties have the opportunity to present evidence or testimony to
the court or other body with decision making authority. Also called “trial.”
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List of Legal Terms
In forma pauperis (IFP): In the United States, state and federal courts give the IFP designation to
individuals who do not have the funds needed to pursue the normal costs of a lawsuit or criminal
defense. An IFP designation allows individuals to waive part or all of the legal costs.
Initial case management conference (ICMC): The first meeting with a judge in a dispute such as
divorce. The intervention of a judge early in the process is a key component to engaging the parties in
communication that will help them reach a resolution.
Joint legal custody: A situation in which the court has given both parents equal rights and
responsibilities to determine their children’s upbringing — including education, health care, and
religious training. Also see “Sole legal custody” and “Legal custody.”
Joint petition: Both parties chose to file their petition together.
Joint physical custody: A situation in which both parents have taken responsibility for the routine
daily care and control, as well as the residence of the children. Also see “Sole physical custody” and
“Physical custody.”
Judgment: See “Decree.”
Judgment decree: Legal form which the judge signs that outlines the judgment (also called “decree”)
that has been agreed upon. Also see “Stipulated judgment and decree.”
Legal custody: The court-given right to make major decisions for children on matters including their
education, health care, and religious upbringing. Also see “Joint legal custody” and “Sole physical
custody.”
Marital termination agreement: Legal form on which spouses/partners or their attorneys describe
the issues on which the couple has agreed. Also see “Stipulated judgment and decree.”
Mediation: A method of alternative dispute resolution in which a qualified neutral third party works
with the disputing parties to resolve disagreements. Mediation is often used to help a divorcing or
divorced couple work out differences about alimony, child support, custody, visitation and division of
property. These decisions become binding only upon mutual agreement.
Mediator: In family law, a neutral, professional third party, who helps divorcing couples define issues
and negotiate agreements that are in everyone’s best interests.
Negotiation: A voluntary process of problem-solving and bargaining in which the divorcing parties
make their own decisions about settlement without court, or other third-party, intervention. Divorcing
parents have the most control of decisions when they rely on this method.
Non-custodial parent: The parent who does not have physical custody of his/her children. This
parent does not live regularly with the children but usually is granted parenting time with the children.
Non-marital property: Property that was acquired by either spouse prior to the marriage, or which
was given to one spouse alone during the marriage. Non-marital property can include gifts and
inheritances. Also see “Marital property.”
Parenting plan: A written document that clearly outlines the time-sharing schedule, as well as other
issues related to child-rearing following divorce or separation. The purpose of a parenting plan is to
preserve the best interests of the child through a family transition. Some courts require parents to
create a plan or they will create one for them.
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Parenting time: The time a parent spends with a child regardless of who has physical custody of the
child or where the child resides. Sometimes called “visitation.”
Party: One of the participants in a lawsuit or other legal proceeding who has an interest in the
outcome. In divorce cases, the parties are the petitioner, who files a petition asking for a court ruling,
and the respondent, who is the object of the filing. Parties also can refer to a person involved in an
agreement, as in mediation.
Paternity: Some divorces involve determination of paternity, i.e., of who is the biological father of a
child.
Paternity adjudication: A court decision regarding the paternity of a child. “Post-paternity
adjudication” determines the rights and obligations of a child’s father after birth. See “Paternity” and
“Adjudication.”
Petition: A legal document initiating a divorce that says why the spouse/partner (the petitioner)
wants a divorce and how he or she wants to settle financial, custody, and other issues. Also called a
“complaint.” Also see “Joint petition.”
Physical custody: The parent granted physical custody is responsible for the routine daily care and
control, as well as the residence of the children. Also see “Joint physical custody” and “Sole physical
custody.”
Pretrial hearing: A trial that is called by the judge before the official trial takes place. This trial may
be called if the couple cannot agree on the major issues independently or through alternative dispute
resolution (ADR).
Primary caregiver: In divorce law, the parent who had the greatest responsibility for the daily care
and rearing of the children before divorce or separation — and most likely continues to take that
responsibility after separation.
Pro se: Latin phrase meaning “on one’s own behalf.” A person who represents him or herself in court
alone without the help of a lawyer is said to appear pro se.
Response: See “Answer.”
Served: The action by which a person receives a copy of the petition/complaint that is filed against
him/her from an official representative of the court.
Settlement: The act or process of coming to an agreement or reducing differences.
Settlement agreement: A formalized agreement between both parties that reduces or resolves
issues.
Sole legal custody: In this situation, the court has given only one parent the right to determine
children’s upbringing, including education, health care, and religious training. Also see “Joint legal
custody” and “Legal custody.”
Sole physical custody: In this situation, only one parent is responsible for he routine daily care
and control, as well as the residence of the children. Also see “Joint physical custody” and “Physical
custody.”
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List of Legal Terms
Spousal/partner maintenance: A legal obligation to provide financial support to one’s spouse from
the other spouse after marital separation or from the ex-spouse upon divorce. Also called “spousal
support” or “alimony.”
Stipulated judgment and decree: A legal form that gets completed if the couple is able to reach
full agreement on all major issues. Both spouses/partners and the judge signs. An alternative is the
“Marital termination agreement” form, which the couple signs, and the “Judgment decree” form, which
the judge signs.
Summons: A written notification that a person is legally required to appear in court.
Temporary relief hearing: Because divorce cases can take a long time, some couples request a
temporary relief hearing in which a judge will make decisions on a temporary basis about child custody
and parenting time, child support and spousal maintenance, and other issues. Since most cases are
settled without a trial, the decision made by a judge at a temporary relief hearing often (although not
always) resembles the final outcome of the case. The temporary relief hearing occurs early on in the
process.
Trial: See “Hearing.”
Visitation: Access to a child granted by the court to the non-custodial parent. In Minnesota, the time
granted to parents to be with their children is called “parenting time” rather than visitation. Visitation
more frequently refers to the time grandparents and other non-parents may spend with the children.
Additional Terms
You may also encounter the following terms during the legal process.
Antenuptial agreement: See “Prenuptial agreement.”
Appeals court: A court to which appeals are made on points of law resulting from the judgment of a
lower court.
Child: Under Minnesota law, a “child” is anyone who is under the age of 18 or 20 if still in high school
or is not capable of self support.
COLA clause: See “Cost of living adjustment clause.”
Cost of living adjustment clause: In a child support order, the cost-of-living adjustment clause
requires payments to adjust annually at a rate based on an economic indicator, such as the Consumer
Price Index, to reflect changes in costs of living over time. Also called “COLA clause.”
Community property state: In divorce law, a community property state is one in which there is an
absolute 50-50 split of all property acquired during the “marital enterprise.” Minnesota is an equitable
distribution state, rather than a community property state. Also, see “Equitable distribution state.”
Dissolution of marriage: The term for the legal termination of a marriage (a divorce) when the final
papers are entered into the court’s records.
Emancipation of a minor: Emancipation is a legal process in which a minor child obtains a court
order to end the pertinent rights and responsibilities of the child’s parents — rights and responsibilities
such as decision-making authority and financial support. Thus, divorced parents would no longer be
required to pay child support to that child.
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Equitable distribution state: In divorce law, an equitable distribution state is one in which a judge
decides what is equitable, or fair, in property distribution rather than simply splitting the property
50/50. Minnesota is an equitable distribution state. Also see “Community property state.”
Informal hearing: A hearing marked by the absence of required forms or procedures or by the
relaxation of prescribed rules.
Legal annulment: A decision by the court that a couple’s marriage was never valid.
Legal separation: A court-ordered agreement that allows a couple to live separately but remain
married. Issues that can be addressed in a separation agreement are division of assets and debts,
child custody and child support, visitation schedules and spousal support.
Marital property: All property that was acquired by the couple during the marriage, with the
exception of gifts or inheritances in some states. Also see “Non-marital property.”
No-fault divorce: A divorce proceeding in which neither spouse is required to prove “fault” or marital
misconduct on the part of the other. To obtain a divorce, a spouse must merely assert incompatibility
or irreconcilable differences. No-fault also means that the fault of either spouse cannot be considered
in deciding custody, division of property, or any other matter. All 50 states and the District of Columbia
allow no-fault divorce.
Obligee: A person to whom payments for maintenance or support are owed.
Obligor: A person obligated to pay maintenance or support.
Order for protection: In divorce law, an order for protection directs one spouse from abusing,
harassing, or even contacting the other, among other restraints. Violation of an order of protection can
result in arrest and imprisonment. Also called a “restraining order.”
Petitioner: The spouse who initiates the divorce by filing the necessary forms with the court. The
other spouse is the respondent.
Prenuptial agreement: An agreement, or contract, entered into by couples before marriage. The
content of a prenuptial agreement can vary widely, but commonly includes provisions for division of
property and spousal support in the event of divorce or separation. Prenuptial agreements may also
include terms for the forfeiture of assets as a result of divorce on the grounds of adultery; further
conditions of guardianship may be included as well. Also called “antenuptial agreement.”
Pro bono: Latin phrase meaning “for the public good.” Describes professional work undertaken
voluntarily and without payment as a public service; it is common in the legal profession. Unlike
traditional volunteerism, pro bono service uses the specific skills of professionals to provide services to
those who are unable to afford them.
Reparation: Compensation in money, material, labor, etc. given from one person to another in order
to make amends for wrong or injury done.
Retainer: A contract between the attorney and the client specifying the nature of the services to
be rendered and the cost of the services. Retainer also denotes the fee that the client pays when
employing an attorney to act on his or her behalf.
Respondent: The spouse who responds to an action brought by the petitioner — the spouse who
initiates the divorce.
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List of Legal Terms
Restraining order: See “Order for protection.”
Restricted/supervised parenting time: Time that a noncustodial parent spends with his or her
children in the presence of a third party who is responsible for observing and ensuring the safety of
the children. Supervised parenting time is often court ordered following serious allegations of abuse or
neglect of children by the noncustodial parent.
Revised Uniform Reciprocal Enforcement of Support Act (RURESA): An act passed by the
National Conference of Commissioners on Uniform State Laws requiring enforcement of spousal
and child support rulings across state lines. The original URESA was first passed in 1950, then
amended in 1958 and later became known as RURESA. NOTE: In 1992, the National Conference of
Commissioners of Uniform State Laws approved the “Uniform Interstate Family Support Act (UIFSA)” to
replace URESA (see below).
Trust account: A savings account established and controlled by someone (the trustee) for a
beneficiary. Trust accounts are often set up by parents for their children and are payable upon the
trustee’s death or at another date or time, e.g., a child’s 21st birthday.
Uniform Interstate Family Support Act (UIFSA): An act passed by the National Conference of
Commissioners on Uniform State Laws requiring enforcement of spousal and child support orders
across state lines. Among other things, the act establishes which state’s law will be applied in
proceedings, an important factor as support laws vary greatly among the states. Enacted in 1992,
UIFSA replaces the “Revised Uniform Reciprocal Enforcement of Support Act (RURESA)” (see above).
Sources
Minnesota Judicial Branch. (n.d.). Divorce basics.
Minnesota Judicial Branch. (n.d.). Glossary of court-related terms.
Minnesota Judicial Branch. (n.d.). Legal terms.
Minnesota Judicial Branch. (2007). What to expect: Divorce in Minnesota.
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equal opportunity educator and employer. In accordance with the Americans with Disabilities Act, this material is available
in alternative formats upon request. Direct requests to 612-626-6602. For this and other Parents Forever™ resources, visit
www.parentsforever.umn.edu.
List of Legal Terms
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