A

Absolute Divorce:  The final ending of a marriage.  Both parties are legally free to remarry.

Action:  A law suit or proceeding in a court of law.

Affidavit:  A written statement made under oath.

Alimony:  Also referred to as spousal support or maintenance.  Support payment made from one spouse to the other.  The court balances the expenses of the spouse who can demonstrate a need for financial assistance against the other spouse's ability to pay.

Answer:  Written response to a complaint, motion or petition.

Appeal:  A legal action where the losing party requests that a higher court review the decision.

Arrears/arrearages:  Unpaid child support that is still due and owing.

BBill of Complaint for Divorce:  This document is filed by one spouse to begin the divorce proceedings in court.

C

Child Support:  The requirement of parents to contribute to the economic maintenance of their child(ren).  The Commonwealth of Virginia has child support guidelines that must be followed in awarding child support.  The guidelines provide a formula for calculating support based on the number of children in the family, and the gross income of the adults.  The court will review apply the guidelines to determine the amount of child support.

Child Support Guidelines: A mathematical approach to determining the amount of child
support based on a table of support amounts created by the Virginia General Assembly.

Change in Circumstance:  The court will only order a change in spousal support and child support and custody when the party can prove that there has been a change in material circumstances such as a job loss, one parent moving, or a significant raise in one spouse's income. E
Equitable distribution:  How the court divides property in a divorce.

 

I
Income and Expense Report:  A comprehensive listing of a spouse's financial expenses and income for one month.

M

Maintenance:  Also referred to as alimony or support.  Support payment made from one spouse to the other.  The court balances the expenses of the spouse who can demonstrate a need for financial assistance against the other spouse's ability to pay.

 

Marital or joint property:  Property acquired during the marriage.  Marital or joint property includes all property acquired during the marriage, even if it is not titled in both names, with some exceptions.   

 

Motion:  a request to the court.

N

No-fault divorce:  People often misuse this term, but generally it means that the court has granted the divorce based on the spouses living separate and apart.  In Virginia, if there are minor children the parties must be separated for one year.  If there are no minor children and the parties have entered into a property settlement agreement, then the parties must be separated for six months.

P

Pendente lite hearing:  After a spouse has filed a Bill of Complaint for Divorce, either party can request a hearing to determine who maintains temporary possession and use of the home, the automobiles, custody arrangements, child visitation, spousal support and any other issues that need to be addressed.  The pendente lite order remains in effect until the divorce is finalized.

 

Property Settlement Agreement:  This agreement determines how the property is to be distributed upon divorce and how support and custody issues have been settled.

S

Separate property - Property that was purchased or acquired by one spouse before the marriage, or is the result of a gift or inheritance during the marriage.

 

Spousal Support - Also referred to as maintenance or alimony. Money paid to the one spouse who can demonstrate a need for financial assistance balanced by the other spouse's ability to pay.