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DIVORCE
Get divorce for as low as $150.
Most divorces are simple and requires very little court litigation. It is an old saying,
"I didn't hire an attorney to get married, I don't hire an attorney to get divorced." That
saying is true in many cases.
You have a right to represent yourself in court. Representing your self in court is
called pro se or pro per.
We offer divorce packages and telephone assistance. Our telephone assistance
are based on answers to most frequent divorce questions that involves procedure
and more that has been answered by licensed attorneys. If you pose a question to
us that we cannot answer, we will consult an attorney for you and contact you later
to provide the answer.
Get divorce for as low as $150.
Most divorces are simple and requires very little court litigation. It is an old saying,
"I didn't hire an attorney to get married, I don't hire an attorney to get divorced." That
saying is true in many cases.
You have a right to represent yourself in court. Representing your self in court is
called pro se or pro per.
We offer divorce packages and telephone assistance. Our telephone assistance
are based on answers to most frequent divorce questions that involves procedure
and more that has been answered by licensed attorneys. If you pose a question to
us that we cannot answer, we will consult an attorney for you and contact you later
to provide the answer.
IMPORTANT DEFINITIONS
The following definitions are from Nolo’s Family Law Dictionary, Black’s Law Dictionary and/or from the
text book entitled, Family Law by Ransford C. Pyle.
If you are interested in obtaining more material on Family Law or other areas of law you may :point your
browser to: http://www.delmar.com.
DISCLAIMER
The material in this divorce package is for informational purposes only. Do not substitute the material
herein for competent legal advice. Although, you have a RIGHT to represent yourself in Court, this
package is not intended to be substituted for legal advice directed to your personal legal needs.
The Legal Forms and Instruction Materials sold by The Paralegal Firm are designed to provide accurate
and authoritative information in regard to the subject matter covered. They are sold with the
understanding that the paralegal from this Firm are not engaged in rendering legal, accounting or other
professional advice. If legal advice or other expert assistance is required, the services of a competent
professional person should be sought.
DEFINITIONS
ADULTERY: Sexual intercourse by a married person with somebody other than his or her spouse is
called adultery. In many states adultery is technically a crime, but rarely is anyone prosecuted for it, in
states which still permit fault divorce, adultery is virtually always a ground for granting a divorce, in states
where marital misconduct affects the division of property and/or alimony, an adulterous spouse may be
awarded less property or alimony (or ordered to pay) had there been accusation.
ALIMONY: Alimony is paid by one ex-spouse to the other for support.
ALIMONY IN GROSS: See lump-sum support.
ANNULMENT: Annulment is a court procedure that dissolves a marriage and treats it as though it
never happened. In the past, when divorces were difficult to obtain because fault had to be proved (for
example, until 1966, adultery was the ground for divorce in New York), judges interpreted annulment
statues liberally in order to make annulments readily available. Today, however, when it is relatively easy
to obtain a divorce in most states, annulments are rare. Where an annulment occurs after children have
been born, those children are not considered illegitimate, even though the parents were “never
married”.
BEST INTERESTS OF THE CHILD: The overriding consideration (the polestar, as it is sometimes
referred to) in determining issues of child custody.
BIGAMY: A person who knows he or she is already legally married and marries another person is
guilty of the crime of bigamy in every state.
CHILD SUPPORT: All states require natural parents and adoptive parents to support their children until
the children reach the age of majority (and sometimes longer), are declared emancipated by a court, or
until there is a termination of parental rights and responsibilities (as in the case where a child is
adopted). In a divorce, this means that the non-custodial parent is often required to pay some kind of
child support while the custodial parent is deemed to be meeting his or her support duty through the
custody itself. For parents awarded joint custody, the support obligation of each is often based on the
ratio of each parent’s income to their combined incomes, and the percentage of time the child spends
with each parent.
COHABITATION: Cohabitation generally refers to when a man and a woman live together in an intimate
sexual relationship without marrying. In some states, cohabitation by a person receiving alimony is
grounds for termination of alimony. Also, in some states, a parent who cohabits may have difficulty
obtaining custody of his or her children. Cohabitation is still a crime in some places, though rarely is
anyone prosecuted for it. Some people describe a cohabitating couple’s relationship as a meretricious
relationship.
COMMUNITY PROPERTY: Community property is a method of defining the ownership of property
acquired (including earnings) during a marriage and the responsibility for debts incurred during the
marriage and all property acquires with those earnings are considered community property.
CONSUMMATE: Completed, as distinguished from initiate, or that which is merely begun. The husband
of a woman seized of an estate of inheritance becomes, by the birth of a child, tenant by the courtesy
initiate, and may do many acts to charge the lands, but his estate is not consummate till the death of the
wife.
To finish by completing what was intended; bring or carry to upmost point or degree; carry or bring to
completion; finish; perfect; fulfill; achieve.
CONTEMPT OF COURT: A judge who feels someone is improperly challenging or ignoring the court’s
authority has the power to declare the defiant person (called the “contemnor”) in contempt of court.
CUSTODIAL PARENT: The parent who has physical custody of a child is called the custodial parent.
The other parent is termed the non-custodial parent. This is true even if the parents share legal custody.
Some states now grant joint (physical) custody, where the parents share physical custody of their child
(for example, alternate months or years, three days a week in one home and four in the other, or bird’s
nest custody). In joint custody arrangements, a parent is considered the custodial parent when he or she
actually has the child.
CUSTODY: Custody includes both the legal authority to make decisions about the medical, educational,
health, and welfare needs of a child (legal custody) and physical control over a child (physical custody).
DEFENDANT: The person defending or denying the party against whom relief or recovery is sought in
an action or suit or the accused in a criminal case.
DISSOLUTION OF MARRIAGE: Another name for divorce, which has in recent years been favored by
several states.
DIVORCE: A legal preceding that dissolves the legal bonds of marriage. Derived from two forms of
divorce (a mensa et thoro and a vinculo matrimonii).
DOWER: Under traditional common law, a dower was the portion of a husband’s property which he
brought into the marriage or acquired during the marriage to which his wife was automatically entitled if
he died leaving a child. Dower law barred a husband from selling, giving away, or disposing of, in his will,
the portion his wife was entitled to. unless she consented.
EQUITABLE DISTRIBUTION: Equitable distribution is a principle under which assets and earnings
accumulated during marriage are divided equitably (fairly) at divorce. In theory, equitable means equal, or
nearly so. In practice, however, equitable is often 2/3 to the higher wage earner, and 1/3 to the lower (or
non) wage earner, unless the court believes it is fairer to award one or the other spouse more. In some
equitable distribution states, if a spouse obtains a fault divorce, the “guilty” spouse may receive less than
his or her share of the marital property upon divorce.
EQUITABLE DISTRIBUTION STATES: Washington, D.C. and the 40 states, which require their courts to
employ equitable distribution principles when dividing property at divorce, are called the equitable
distribution states. These are every state except Arizona, California, Idaho, Louisiana, Nevada, New
Mexico, Texas, Washington (the community property states), and Mississippi (common law property
states).
EXEMPTION: Freedom from a general duty or service; immunity from a general burden, tax, or
change. Immunity from service of process or from certain legal obligations.
FINAL DECREE: Same as Final Decision or Judgment. One which leaves nothing open to further
dispute and which sets at rest cause of action between parties. One which settles rights of parties
respecting the subject matter of the suit and which concludes them until it is reversed or set aside.
HOMESTEAD: The dwelling house and the adjoining land where the head of the family dwells; the
home farm. The fixed residence of a family, with the land, usual and customary appurtenances, and
buildings surrounding the main house.
INCHOATE: Imperfect; partial; unfinished; begun, not completed; as a contract not executed by all the
parties.
INCHOATE DOWER: A wife’s interest in the land of her husband during his life, which may become a
right of dower upon his death. A contingent claim or possibility of acquiring dower by outliving husband
and arises, not out of contract, but as an institution of law constituting a merge chose in action incapable
of transfer by separate grant but susceptible of extinguishment, which is effected by wife joining with
husband in deed, which operates as release or satisfaction of interest and not as conveyance.
INITIATE: Commence; start; originate; introduce; inchoate.
JOINT CUSTODY: Parents who don’t live together have joint custody (also called shared custody) when
they agree, or a court orders them, to share the decision-making responsibilities for, and/or physical
control and custody of, their children. Joint custody can exist if the parents are divorced, separated, no
longer cohabiting, or even if they never lived together. Joint custody may joint legal custody (where the
parent share in the decision-making), joint physical custody (where the children spend a significant
portion or half the time with each parent) or both. It is common for couples to share physical custody to
also share legal custody.
LEGAL CUSTODY: Legal custody of a child is the right and obligation to make decisions about a child’s
upbringing. Decisions regarding schooling and medical and dental care; for example, are made by a
parent with legal custody. In many states, courts now award joint legal custody to the parents, which
mean that the decision-making is shared.
LEGAL SEPARATION: A legal separation results when the parties separate and a court rules on the
division of property, alimony, child support, custody and visitation, but does not grant a divorce. This
separation is also called a separation from bed and board. The money awarded for support of the
spouse and children under these circumstances is often called separate maintenance (as opposed to
alimony and child support)
LEGAL TECHNICIANS: Those who provide legal services as paralegals but independent of attorney
supervision. They walk a narrow line bordering the unauthorized practice of law
LUMP-SUM SUPPORT: In a few states, a spouse may pay his or her total alimony (any occasionally
child support) obligation at the time of the divorce by giving the other spouse a lump-sum payment equal
to the total amount of the future monthly payments. This is also called alimony in gross.
MARITAL PROPERTY: Certain property acquired during a marriage, which is legally deemed marital
property. Its principal significance concerns treatment and distribution upon divorce or death. Ownership
and distribution vary from state to state.
Most property accumulated by a married couple is called marital property. In community property states,
marital property is called community property. The rules as to what constitutes marital property in non-
community property states differ. Some states include all property and earnings during marriage. Others
exclude gifts and inheritances from this general rule. Some states exclude certain types of property even
if acquired during marriage, while others exclude improvements to property that existed before marriage.
N/A: Not Applicable
NUNC PRO TUNC: Nunc pro tunc literally means “now for then.” Occasionally, a court or party to a divorce
forgets to file the papers necessary to obtain the final decree (after the interlocutory judgment has been
granted), and the result is that the divorce never becomes final. If the oversight presents a problem (for
example, one party has already remarried, or their is a tax advantage to being divorced earlier), the court
may agree to issue a nunc pro tunc order, which grants the final divorce retroactive to the date.
PARTITION: Partition means selling real property and dividing the proceeds among the joint owners. A
partition action is a lawsuit brought by one owner s. A partition action is a lawsuit brought by one owner of
jointly owned real property to force its sale and split the proceeds in accordance with the state’s property
laws.
When a husband and wife own property jointly in a form of co-ownership called tenancy in the entireties, a
suit in partition, which would normally be available to co-owners, may not be brought. A tenancy by the
entireties may only be terminated by death, divorce, or mutual conveyance by husband and wife.
PHYSICAL CUSTODY: Physical custody is the right of a parent to have a child live with him or her. A
parent to whom a court has granted physical custody is called the custodial parent. Some states
recognize the concept of joint physical custody, where the child spends approximately half the time in
each parent’s home.
PLAINTIFF: A person who brings an action; the party who complains or sues in a civil action and is so
named on the record.
PSYCHOLOGICAL PARENT: An adult who is not legally responsible for the care, custody, and support
of a child, but who has established a significant emotional bond with the child such that termination of the
contract between them would be detrimental to the child, is referred to by the courts in some states as the
child’s psychological parent. A few courts give psychological parents visitation rights with the children.
QUASI-COMMUNITY PROPERTY: Quasi means “like.” Quasi-community property is a term used in
only California and Arizona. It refers to the property accumulated by a married couple living in a non-
community property state when the couple later moves to California or Arizona. (Property accumulated in
another community property state during a marriage already is and remains community property when the
couple moves to California or Arizona.
RECRIMINATION: A defense used by one who is sued for divorce on the grounds of adultery, claiming that
the other party also engaged in adultery. Under recrimination, if both partners to a marriage were
adulterers, the divorce could be denied.
REHABILITATIVE ALIMONY: A modern form of alimony, ordinarily in the form of monthly payments of
short duration.
SEPARATE PROPERTY: In all states, a married person is permitted to treat certain types of earnings
and assets as his or her separate property. This means that the property can be disposed of (sold, given
away, left in a will) without the consent of the other spouse, and upon divorce the property is not divided
under the states property distribution laws, but rather is kept by the spouse who owns it. By contrast, most
property accumulated during marriage is called marital property. Marital property in most states is divided
equally or equitably (fairly) upon divorce.
In community property states, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, and
Washington, and in Wisconsin (a modified community property state), the following is considered
separate property:
In equitable distribution states (all the states not listed above except Mississippi), the laws usually define
most earnings and property acquired during marriage as marital property. Some property is separate,
however, including:
In the common law property state (Mississippi) all property is the separate property of the acquiring
spouse unless a document showing title to property indicates otherwise. This means that the court has
no authority to divide that property on divorce.
SEPARATION AGREEMENT: If the couple agrees o all the terms of a legal separation, or agrees to live
apart for a lengthy period of time in contemplation of divorce, the parties often write and sign a separation
agreement which settles the property, custody, alimony, and child support issues between them. The
agreement should be presented to the court for approval if it is part of a legal separation. The agreement
becomes part of the legal separation order and does away with the necessity of having a trial on the
issues covered by the agreement. It serves the same purpose as a divorce agreement except that the
couple does not obtain a divorce at that time. The term separation agreement is also used to refer to
agreements made by couples living apart which are later incorporated into divorce agreements.
SHARED CUSTODY: See joint custody.
TENANCY BY THE ENTIRETY: Form of co-ownership of property that can be held only by husband and
wife. If has a right of survivorship (if one spouse dies, the other owns the property). States recognizing
this ancient tenancy often encounter problems with creditors. This tenancy is destroyed by divorce or
death but is not subject to a suit in partition, as are other forms of co-ownership.
Tenancy by the entirety is a way married couples can hold title to property in some states. Tenancy by the
entirety is very similar to joint tenancy; upon the death of one of the spouses, the property automatically
passes to the surviving spouses, regardless of will provisions to the contrary. Unlike joint tenancy,
however, one person cannot unilaterally sever the tenancy by the entirety.
TRUST: An agreement, recognized by the law, whereby property may be given by a donor to a trustee,
who manages the property on behalf of a third party called a beneficiary. One early form of trust was a
separate estate, which fathers often set up for their daughters so that the son-in-law would not control the
property.
The following definitions are from Nolo’s Family Law Dictionary, Black’s Law Dictionary and/or from the
text book entitled, Family Law by Ransford C. Pyle.
If you are interested in obtaining more material on Family Law or other areas of law you may :point your
browser to: http://www.delmar.com.
DISCLAIMER
The material in this divorce package is for informational purposes only. Do not substitute the material
herein for competent legal advice. Although, you have a RIGHT to represent yourself in Court, this
package is not intended to be substituted for legal advice directed to your personal legal needs.
The Legal Forms and Instruction Materials sold by The Paralegal Firm are designed to provide accurate
and authoritative information in regard to the subject matter covered. They are sold with the
understanding that the paralegal from this Firm are not engaged in rendering legal, accounting or other
professional advice. If legal advice or other expert assistance is required, the services of a competent
professional person should be sought.
DEFINITIONS
ADULTERY: Sexual intercourse by a married person with somebody other than his or her spouse is
called adultery. In many states adultery is technically a crime, but rarely is anyone prosecuted for it, in
states which still permit fault divorce, adultery is virtually always a ground for granting a divorce, in states
where marital misconduct affects the division of property and/or alimony, an adulterous spouse may be
awarded less property or alimony (or ordered to pay) had there been accusation.
ALIMONY: Alimony is paid by one ex-spouse to the other for support.
ALIMONY IN GROSS: See lump-sum support.
ANNULMENT: Annulment is a court procedure that dissolves a marriage and treats it as though it
never happened. In the past, when divorces were difficult to obtain because fault had to be proved (for
example, until 1966, adultery was the ground for divorce in New York), judges interpreted annulment
statues liberally in order to make annulments readily available. Today, however, when it is relatively easy
to obtain a divorce in most states, annulments are rare. Where an annulment occurs after children have
been born, those children are not considered illegitimate, even though the parents were “never
married”.
BEST INTERESTS OF THE CHILD: The overriding consideration (the polestar, as it is sometimes
referred to) in determining issues of child custody.
BIGAMY: A person who knows he or she is already legally married and marries another person is
guilty of the crime of bigamy in every state.
CHILD SUPPORT: All states require natural parents and adoptive parents to support their children until
the children reach the age of majority (and sometimes longer), are declared emancipated by a court, or
until there is a termination of parental rights and responsibilities (as in the case where a child is
adopted). In a divorce, this means that the non-custodial parent is often required to pay some kind of
child support while the custodial parent is deemed to be meeting his or her support duty through the
custody itself. For parents awarded joint custody, the support obligation of each is often based on the
ratio of each parent’s income to their combined incomes, and the percentage of time the child spends
with each parent.
COHABITATION: Cohabitation generally refers to when a man and a woman live together in an intimate
sexual relationship without marrying. In some states, cohabitation by a person receiving alimony is
grounds for termination of alimony. Also, in some states, a parent who cohabits may have difficulty
obtaining custody of his or her children. Cohabitation is still a crime in some places, though rarely is
anyone prosecuted for it. Some people describe a cohabitating couple’s relationship as a meretricious
relationship.
COMMUNITY PROPERTY: Community property is a method of defining the ownership of property
acquired (including earnings) during a marriage and the responsibility for debts incurred during the
marriage and all property acquires with those earnings are considered community property.
CONSUMMATE: Completed, as distinguished from initiate, or that which is merely begun. The husband
of a woman seized of an estate of inheritance becomes, by the birth of a child, tenant by the courtesy
initiate, and may do many acts to charge the lands, but his estate is not consummate till the death of the
wife.
To finish by completing what was intended; bring or carry to upmost point or degree; carry or bring to
completion; finish; perfect; fulfill; achieve.
CONTEMPT OF COURT: A judge who feels someone is improperly challenging or ignoring the court’s
authority has the power to declare the defiant person (called the “contemnor”) in contempt of court.
CUSTODIAL PARENT: The parent who has physical custody of a child is called the custodial parent.
The other parent is termed the non-custodial parent. This is true even if the parents share legal custody.
Some states now grant joint (physical) custody, where the parents share physical custody of their child
(for example, alternate months or years, three days a week in one home and four in the other, or bird’s
nest custody). In joint custody arrangements, a parent is considered the custodial parent when he or she
actually has the child.
CUSTODY: Custody includes both the legal authority to make decisions about the medical, educational,
health, and welfare needs of a child (legal custody) and physical control over a child (physical custody).
DEFENDANT: The person defending or denying the party against whom relief or recovery is sought in
an action or suit or the accused in a criminal case.
DISSOLUTION OF MARRIAGE: Another name for divorce, which has in recent years been favored by
several states.
DIVORCE: A legal preceding that dissolves the legal bonds of marriage. Derived from two forms of
divorce (a mensa et thoro and a vinculo matrimonii).
DOWER: Under traditional common law, a dower was the portion of a husband’s property which he
brought into the marriage or acquired during the marriage to which his wife was automatically entitled if
he died leaving a child. Dower law barred a husband from selling, giving away, or disposing of, in his will,
the portion his wife was entitled to. unless she consented.
EQUITABLE DISTRIBUTION: Equitable distribution is a principle under which assets and earnings
accumulated during marriage are divided equitably (fairly) at divorce. In theory, equitable means equal, or
nearly so. In practice, however, equitable is often 2/3 to the higher wage earner, and 1/3 to the lower (or
non) wage earner, unless the court believes it is fairer to award one or the other spouse more. In some
equitable distribution states, if a spouse obtains a fault divorce, the “guilty” spouse may receive less than
his or her share of the marital property upon divorce.
EQUITABLE DISTRIBUTION STATES: Washington, D.C. and the 40 states, which require their courts to
employ equitable distribution principles when dividing property at divorce, are called the equitable
distribution states. These are every state except Arizona, California, Idaho, Louisiana, Nevada, New
Mexico, Texas, Washington (the community property states), and Mississippi (common law property
states).
EXEMPTION: Freedom from a general duty or service; immunity from a general burden, tax, or
change. Immunity from service of process or from certain legal obligations.
FINAL DECREE: Same as Final Decision or Judgment. One which leaves nothing open to further
dispute and which sets at rest cause of action between parties. One which settles rights of parties
respecting the subject matter of the suit and which concludes them until it is reversed or set aside.
HOMESTEAD: The dwelling house and the adjoining land where the head of the family dwells; the
home farm. The fixed residence of a family, with the land, usual and customary appurtenances, and
buildings surrounding the main house.
INCHOATE: Imperfect; partial; unfinished; begun, not completed; as a contract not executed by all the
parties.
INCHOATE DOWER: A wife’s interest in the land of her husband during his life, which may become a
right of dower upon his death. A contingent claim or possibility of acquiring dower by outliving husband
and arises, not out of contract, but as an institution of law constituting a merge chose in action incapable
of transfer by separate grant but susceptible of extinguishment, which is effected by wife joining with
husband in deed, which operates as release or satisfaction of interest and not as conveyance.
INITIATE: Commence; start; originate; introduce; inchoate.
JOINT CUSTODY: Parents who don’t live together have joint custody (also called shared custody) when
they agree, or a court orders them, to share the decision-making responsibilities for, and/or physical
control and custody of, their children. Joint custody can exist if the parents are divorced, separated, no
longer cohabiting, or even if they never lived together. Joint custody may joint legal custody (where the
parent share in the decision-making), joint physical custody (where the children spend a significant
portion or half the time with each parent) or both. It is common for couples to share physical custody to
also share legal custody.
LEGAL CUSTODY: Legal custody of a child is the right and obligation to make decisions about a child’s
upbringing. Decisions regarding schooling and medical and dental care; for example, are made by a
parent with legal custody. In many states, courts now award joint legal custody to the parents, which
mean that the decision-making is shared.
LEGAL SEPARATION: A legal separation results when the parties separate and a court rules on the
division of property, alimony, child support, custody and visitation, but does not grant a divorce. This
separation is also called a separation from bed and board. The money awarded for support of the
spouse and children under these circumstances is often called separate maintenance (as opposed to
alimony and child support)
LEGAL TECHNICIANS: Those who provide legal services as paralegals but independent of attorney
supervision. They walk a narrow line bordering the unauthorized practice of law
LUMP-SUM SUPPORT: In a few states, a spouse may pay his or her total alimony (any occasionally
child support) obligation at the time of the divorce by giving the other spouse a lump-sum payment equal
to the total amount of the future monthly payments. This is also called alimony in gross.
MARITAL PROPERTY: Certain property acquired during a marriage, which is legally deemed marital
property. Its principal significance concerns treatment and distribution upon divorce or death. Ownership
and distribution vary from state to state.
Most property accumulated by a married couple is called marital property. In community property states,
marital property is called community property. The rules as to what constitutes marital property in non-
community property states differ. Some states include all property and earnings during marriage. Others
exclude gifts and inheritances from this general rule. Some states exclude certain types of property even
if acquired during marriage, while others exclude improvements to property that existed before marriage.
N/A: Not Applicable
NUNC PRO TUNC: Nunc pro tunc literally means “now for then.” Occasionally, a court or party to a divorce
forgets to file the papers necessary to obtain the final decree (after the interlocutory judgment has been
granted), and the result is that the divorce never becomes final. If the oversight presents a problem (for
example, one party has already remarried, or their is a tax advantage to being divorced earlier), the court
may agree to issue a nunc pro tunc order, which grants the final divorce retroactive to the date.
PARTITION: Partition means selling real property and dividing the proceeds among the joint owners. A
partition action is a lawsuit brought by one owner s. A partition action is a lawsuit brought by one owner of
jointly owned real property to force its sale and split the proceeds in accordance with the state’s property
laws.
When a husband and wife own property jointly in a form of co-ownership called tenancy in the entireties, a
suit in partition, which would normally be available to co-owners, may not be brought. A tenancy by the
entireties may only be terminated by death, divorce, or mutual conveyance by husband and wife.
PHYSICAL CUSTODY: Physical custody is the right of a parent to have a child live with him or her. A
parent to whom a court has granted physical custody is called the custodial parent. Some states
recognize the concept of joint physical custody, where the child spends approximately half the time in
each parent’s home.
PLAINTIFF: A person who brings an action; the party who complains or sues in a civil action and is so
named on the record.
PSYCHOLOGICAL PARENT: An adult who is not legally responsible for the care, custody, and support
of a child, but who has established a significant emotional bond with the child such that termination of the
contract between them would be detrimental to the child, is referred to by the courts in some states as the
child’s psychological parent. A few courts give psychological parents visitation rights with the children.
QUASI-COMMUNITY PROPERTY: Quasi means “like.” Quasi-community property is a term used in
only California and Arizona. It refers to the property accumulated by a married couple living in a non-
community property state when the couple later moves to California or Arizona. (Property accumulated in
another community property state during a marriage already is and remains community property when the
couple moves to California or Arizona.
RECRIMINATION: A defense used by one who is sued for divorce on the grounds of adultery, claiming that
the other party also engaged in adultery. Under recrimination, if both partners to a marriage were
adulterers, the divorce could be denied.
REHABILITATIVE ALIMONY: A modern form of alimony, ordinarily in the form of monthly payments of
short duration.
SEPARATE PROPERTY: In all states, a married person is permitted to treat certain types of earnings
and assets as his or her separate property. This means that the property can be disposed of (sold, given
away, left in a will) without the consent of the other spouse, and upon divorce the property is not divided
under the states property distribution laws, but rather is kept by the spouse who owns it. By contrast, most
property accumulated during marriage is called marital property. Marital property in most states is divided
equally or equitably (fairly) upon divorce.
In community property states, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, and
Washington, and in Wisconsin (a modified community property state), the following is considered
separate property:
- property accumulated by a spouse before marriage;
- property accumulated during marriage with pre-marital earnings or with the proceeds of the sale of
pre-marital property; - gifts directed to only one spouse, whenever received;
- inheritances, whenever received; and
- property acquired after permanent separation
In equitable distribution states (all the states not listed above except Mississippi), the laws usually define
most earnings and property acquired during marriage as marital property. Some property is separate,
however, including:
- property accumulated by a spouse before marriage;
- gifts directed to only one spouse, whenever received; and
- inheritances, whenever received.
In the common law property state (Mississippi) all property is the separate property of the acquiring
spouse unless a document showing title to property indicates otherwise. This means that the court has
no authority to divide that property on divorce.
SEPARATION AGREEMENT: If the couple agrees o all the terms of a legal separation, or agrees to live
apart for a lengthy period of time in contemplation of divorce, the parties often write and sign a separation
agreement which settles the property, custody, alimony, and child support issues between them. The
agreement should be presented to the court for approval if it is part of a legal separation. The agreement
becomes part of the legal separation order and does away with the necessity of having a trial on the
issues covered by the agreement. It serves the same purpose as a divorce agreement except that the
couple does not obtain a divorce at that time. The term separation agreement is also used to refer to
agreements made by couples living apart which are later incorporated into divorce agreements.
SHARED CUSTODY: See joint custody.
TENANCY BY THE ENTIRETY: Form of co-ownership of property that can be held only by husband and
wife. If has a right of survivorship (if one spouse dies, the other owns the property). States recognizing
this ancient tenancy often encounter problems with creditors. This tenancy is destroyed by divorce or
death but is not subject to a suit in partition, as are other forms of co-ownership.
Tenancy by the entirety is a way married couples can hold title to property in some states. Tenancy by the
entirety is very similar to joint tenancy; upon the death of one of the spouses, the property automatically
passes to the surviving spouses, regardless of will provisions to the contrary. Unlike joint tenancy,
however, one person cannot unilaterally sever the tenancy by the entirety.
TRUST: An agreement, recognized by the law, whereby property may be given by a donor to a trustee,
who manages the property on behalf of a third party called a beneficiary. One early form of trust was a
separate estate, which fathers often set up for their daughters so that the son-in-law would not control the
property.
OUR TYPES OF DIVORCE
1. Uncontested - This type
of divorce is also referred
to as no fault divorce.
This is when both parties
(husband and wife) are in
agreement with the
divorce and has came to
an agreement as related
to property division,
custody of children,
support issues and more.
Both parties usually sign
an agreement that is
referred to as Marital
Dissolution Agreement or
Property Settlement
Agreement. This type of
divorce is the simplest
and quickest.
2. Contested - This type of
divorce is also referred to
as opposed divorce. This
is when one party
(husband or wife) are not
in agreement with the
divorce or if they are in
agreement with being
divorce, they may be
disputing child custody,
property division and/or
support and more. One
party initiates the divorce
by filing a complaint or
petition in court and the
other party is served a
copy of the complaint or
petition with a summons.
If the party being served
fails to appear in court, the
pary who initiated the
divorce can obtain the
divorce through default
judgment. This divorce is
not as quick as the
Uncontested Divorce.
3. Whereabouts - This
type of divorce is also
referred to as residential
unknown divorce. This is
when the initiating party
doesn't know where their
spouse resides and
cannot find him or her
after diligent inquiry. The
missing spouse is served
through publication in a
local newspaper used by
the court and/or by posting
a notice of the divorce and
requesting the missing
spouse to come forth in a
public place in the
courthouse. This process
is not as quick as the
Uncontested divorce but
can, at sometimes be as
quick as the Contested
divorce.
1. Uncontested - This type
of divorce is also referred
to as no fault divorce.
This is when both parties
(husband and wife) are in
agreement with the
divorce and has came to
an agreement as related
to property division,
custody of children,
support issues and more.
Both parties usually sign
an agreement that is
referred to as Marital
Dissolution Agreement or
Property Settlement
Agreement. This type of
divorce is the simplest
and quickest.
2. Contested - This type of
divorce is also referred to
as opposed divorce. This
is when one party
(husband or wife) are not
in agreement with the
divorce or if they are in
agreement with being
divorce, they may be
disputing child custody,
property division and/or
support and more. One
party initiates the divorce
by filing a complaint or
petition in court and the
other party is served a
copy of the complaint or
petition with a summons.
If the party being served
fails to appear in court, the
pary who initiated the
divorce can obtain the
divorce through default
judgment. This divorce is
not as quick as the
Uncontested Divorce.
3. Whereabouts - This
type of divorce is also
referred to as residential
unknown divorce. This is
when the initiating party
doesn't know where their
spouse resides and
cannot find him or her
after diligent inquiry. The
missing spouse is served
through publication in a
local newspaper used by
the court and/or by posting
a notice of the divorce and
requesting the missing
spouse to come forth in a
public place in the
courthouse. This process
is not as quick as the
Uncontested divorce but
can, at sometimes be as
quick as the Contested
divorce.
Regarless of what type of
divorce package you
decide to purchase, you
will be satisfied with our
forms. Our divorce
package comes with
customized forms, typing
service ($50 extra) and
telephone support.
divorce package you
decide to purchase, you
will be satisfied with our
forms. Our divorce
package comes with
customized forms, typing
service ($50 extra) and
telephone support.
