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A Divorce Dictionary
by Andrew H. Sargent, MBA, JD

Some Confusing Legal Definitions

You will hear a lot of new words. Lawyers throw them around almost as much as doctors. Don't panic there is nothing difficult about them. Remember, these are shorthand definitions, not the final word on the law in Washington or any other state. Please consult with an attorney licenses in your state.

Alimony - paying for a dead horse? (keep your sense of humor or all is lost) see spousal support below?

Child Support - In most states it is based upon the total earning of the parents. In Washington State there is an state guideline based upon the total income of the parents. The court must approve and support agreement that does not meet the guidelines. There is really nothing to fight about here - you give your tax returns and pay stubs, it is entered into the computer program and out comes the answer. Well almost that simple.

Child visitation - when the child(ren) goes to the home of the parent they normally do not reside with. Typical plans are every other weekend and one school night each week.

Community Property - all property acquired by work effort from the date of the marriage to the date of separation.

Custody - In some states the issue of child custody is determined. (California for example) In other states (Washington) there is no "custody" established by the court but a parenting plan that is approved that addresses who the child lives with and visitation by the non-custodial parent.

Date of Separation - the date you and your spouse separated with the intent to end the marriage.

Dissolution - what we call a divorce. You do not get divorced - you receive a dissolution of marriage. (don't ask me to explain it either - just accept the term)

Grounds - in most states none are required. California and Washington are no-fault states. Either party can end the marriage by saying it is over.

Joint Custody - it means both parents have authority to make major decision regarding the children. (This is a California term and is not used in Washington. This authority is addressed in the parenting plan)

Legal Custody - the parent who has the right to make decisions regarding the child. (A California term - it is not used in Washington. This authority is addressed in the parenting plan)

Marriage - a civil contract between a man and woman (California Code definition)

Parenting Plan - In Washington state you develop and file a parenting plan which both parents agree. This spells out in detail where the child will live, visitation, holidays etc. If the parents can not agree then the court will appoint a guardian Ad Litem to make a recommendation and then the court will tell both parents what the plan is. This replaces the concept of physical and legal custody which is how California and other states address these issues.

Petition - the six foot high stack of paper you file to get a dissolution (divorce)

Petitioner - the person who files for divorce. (There is no advantage to being the petitioner or respondent. Don't worry about who files when - you both are involved.)

Physical Custody - the parent who has the child(ren) (A California term - it is not used in Washington. This authority is addressed in the parenting plan in Washington)

Respondent - the other spouse who did not file the petition.

Separate Property - Property you had before you got married or which you inherited or received as a gift during the marriage and before you separate.

Spousal Support - (Alimony) Either spouse is entitle to spousal support. The purpose of spousal support is to rehabilitate the supported spouse while they are retrained to enter the work force and become self supporting. Factors include length of marriage, age and education of people. A thirty year marriage where one spouse never worked is a different case for a three year marriage where both worked. There is no "correct" plan for this.