Decoding the Legal Language in Your Divorce

Decoding the Legal Language in Your Divorce

Part 1 of 2

Posted to Resource Articles by Susan Reach Winters on Mon, 03/09/2009 - 6:00pm

All professionals fall into the habit of using words that only they understand; lawyers are no different. It's a product of law school. Your divorce attorney — however well-meaning — may forget at times that the legal jargon bandied about between professionals can seem like a foreign language to a lay person.

This is the first in a two-part series to help you decipher the legal-ese you'll encounter.

As you navigate the divorce process, don't hesitate to ask "What does that mean, exactly?"— even if you think the definition seems obvious. Many times, when it comes to the law, answers are anything but simple or straightforward.

Your attorney should guide you on the legal terms that apply in your state, as well as how the court system interprets them.

Below I've provided a key sampling of the legal language you will need to know.

Alimony

This is the payment of periodic financial support. It is usually paid to maintain a lifestyle that is as close as possible to what the recipient spouse had during the marriage. Generally, the longer your marriage lasted and the more imbalanced the financial earning power was, the higher the likelihood of alimony. But remember, alimony law varies greatly by state.

Permanent Alimony

Contrary to what it implies, permanent doesn't mean forever in this case. If circumstances change — for example, ill health or retirement — it may be reduced or terminated altogether. In some states, alimony can also be rehabilitative. That means it is awarded to allow a spouse to complete education or training for a new job or career. It may also be used to reimburse a party for the support they gave the other to obtain a qualification or professional license, such as law school or medical school.

Child Support

States have individual sets of guidelines that take into account the income of the spouses and the amount of time the child spends with each parent. The parent with whom the child lives most of the time receives a financial contribution from the other parent to offset the expenses of rearing the children.

COBRA

COBRA is the federal government regulation that allows you to continue health coverage in a group insurance plan. After divorce you will be responsible for your own health insurance. So if your health insurance is through your husband's job and you don't have employment-based health insurance, you may need to consider COBRA coverage. It is good for 36 months following a divorce so long as you pay the required premium and elect it within 60 days of the judgment.

Complaint

This is the formal set of legal papers that starts off the divorce process. Either party may file a complaint with the court.

Custody

This is the general term used to define who has the care of the children and the right to make decisions for them. Custody terms vary from state from state. So, for example, in some states the term "custodial parent" may refer to the primary caretaker and "non-custodial parent" might refer to the parent who has the children on alternate weekends. There are several ways custody is broken down. Here are a few:

• Legal custody - the parent with legal custody has the right to make decisions on the health, welfare, education of the child.
• Physical custody - the spouse with primary care of the child-in other words, who is the everyday parent or primary caretaker. It is not uncommon for divorced parents to have joint legal custody awhile one parent has physical custody.
• Shared custody - takes place when a child spends equal time with both parents; it is rare.

Click the following for legal definitions of Equitable distribution, pendente lite and many more.