Divorce and Family Law
Glossary for Georgia

Family Lawyers: Definitions of Common Terms associated with Divorce and Family Law:

Affidavit: Written testimony under oath - usually sworn to in front of a notary.

Alimony: Financial payments made to help support a spouse or former spouse during separation or following divorce. Also called spousal support or spousal maintenance.

Alternative dispute resolution (ADR): Methods of resolving legal disputes without going to trial, in a less adversarial manner, such as through arbitration or mediation.

Answer: A document used to respond to the complaint or petition. Answers usually admit or deny specific allegations or claims in the document being answered. Also called a response.

Appeal: A procedure to ask a higher court to review the ruling of a lower court.

Appearance: Coming into court as a party to a case or voluntarily submitting to the power of a court. Usually this is not a physical act, but a lawyer filing a document.

Arbitration: Submitting a disputed matter for decision to a person who is not a judge. The decision of an arbitrator is usually binding and final.

Arrearage: The amount of money that is past due for child or spousal support.

Attorney (at Law): An advocate or counsel employed to prepare, manage and try cases in court. Must be licensed by the state. Lawyer and attorney are usually synonymous.

Child support: Money that a non-custodial parent pays to the custodial parent for their child(ren)'s support.

Child support guidelines: Guidelines established by statute or rule in each jurisdiction that set forth the manner in which child support must be calculated, generally based on the income of the parents and the needs of the children.

Custody: Having rights to your child. Custody can be either legal, which means that you have the right to make important decisions about your child's welfare, or physical, which means that the child lives with and is raised by you.

Decree: The court's written order or decision finalizing the divorce, often issued in conjunction with the court's judgment.

Default: Failing to answer a petition or complaint for divorce. Failing to file an answer or appear in court as required can result in the court awarding everything requested by the filing spouse.

Defendant: The person against whom legal papers are filed, also sometimes referred to as the respondent.

Deposition: Part of the discovery or information-exchanging process of a legal proceeding, in which the attorney for the other party asks you questions, you answer with your attorney present, and a transcript of the proceedings is prepared.

Discovery: The information-exchanging process of a legal proceeding, including serving and answering interrogatories and requests for production of documents, and taking depositions.

Dissolution: Another word for divorce, which is the legal termination of a marriage relationship.

Divorce: The legal termination of a marriage relationship.

Domestic violence: Physical abuse or threats of abuse occurring between members of the same household.

Equitable distribution: A division of property that is fair in view of all of the circumstances. Equitable does not necessarily mean equal.

Interrogatories: Written questions served by a party that must be answered, in writing, by the other party as part of the discovery process.

Joint legal custody: The sharing, by both parents, of the right to make important decisions about a child's welfare.

Joint physical custody: The sharing, by both parents, of the actual physical care and custody of a child.

Legal custody: The right to make important decisions about the raising of your child, on issues such as health care, religious upbringing, education, etc.

Marital property: Generally, all property acquired during the marriage.

Mediation: A form of alternative dispute resolution (ADR) for resolving legal disputes without going to trial, by the use of a trained and impartial third party who attempts to bring the parties together in mutual agreement.

Non-custodial parent: The parent who does not have physical custody of the child(ren).

Non-marital property: Generally, property owned by either spouse prior to marriage or acquired by them individually, such as by gift or inheritance, during the marriage.

Physical custody: The day-to-day rights and responsibilities associated with having your child in your home and being responsible for his or her care and upbringing.

Petitioner: Often, the person who initiates divorce or marriage dissolution proceedings, also called the plaintiff.

Plaintiff: The person who initiates legal proceedings, often called the petitioner in family law matters.

Premarital agreement: An agreement entered into before marriage that sets forth each party's rights and responsibilities should the marriage terminate by death or divorce. Also called a prenuptial agreement.

Prenuptial agreement: An agreement entered into before marriage that sets forth each party's rights and responsibilities should the marriage terminate by death or divorce. Also called a premarital agreement.

Qualified Domestic Relations Order (QDRO): Pronounced "kwah-dro," an order issued by the court to divide retirement benefits.

Respondent: The person who answers a petition in a legal proceeding, sometimes also referred to as the defendant.

Restraining order: An order issued by the court requiring the subject of the order to refrain from doing something, often issued in conjunction with domestic violence or custody disputes.

Settlement conference: A meeting at which the parties and their lawyers attempt to settle the case before trial, often ordered by the court.

Split custody: A form of custody (generally not looked upon favorably) in which some or one of the parties' children is/are in the custody of one parent and the remaining child(ren) is/are in the custody of the other parent.

Spousal support or maintenance: Financial payments made to help support a spouse or former spouse during separation or following divorce. Also called alimony.

Stipulation: An agreement entered into by the divorcing spouses that settles the issues between them and is often entered into the court's final order or judgment and decree.

Visitation: The time that a noncustodial parent spends with his or her child(ren)

You can rely on Meriwether & Tharp to guide you through difficult divorce and family law situations. To speak to a member of our team, you can call our office or e-mail us to schedule an appointment to meet with someone on our family law team.

Meriwether & Tharp, LLC
11475 Great Oaks Way
Suite 125
Alpharetta, Georgia 30022

P: 678-879-9000 / F: 678-879-9001

Intake@mtlawoffice.com

 

Our lawyers are dedicated to providing excellent legal services for divorce, child support and child custody issues in the Atlanta, Georgia area, including: Acworth, Alpharetta, Austell, Avondale Estates, Ball Ground, Buford, Canton, Chamblee, Cherokee, Cobb, Cumming, Dacula, Decatur, DeKalb, Doraville, Duluth, Dunwoody, Forsyth, Fulton, Gainesville, Gwinnett, Hall, Johns Creek, Kennesaw, Lawrenceville, Lilburn, Lithonia, Marietta, Milton, Norcross, Powder Springs, Roswell, Sandy Springs, Smyrna, Snellville, Stone Mountain, Suwanee, and Woodstock.