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divorce :: legal definition


Divorce - 1) n. the termination of a marriage by legal action, requiring a petition or complaint for divorce (or dissolution in some states, including California) by one party. Some states still require at least a minimal showing of fault, but no-fault divorce is now the rule in which "incompatibility" is sufficient to grant a divorce. The substantive issues in divorces are division of property, child custody and support, alimony (spousal support), child visitation and attorney's fees. Only state courts have jurisdiction over divorces, so the petitioning or complaining party can only file in the state in which he/she is and has been a resident for a period of time (as little as six weeks in Nevada). In most states the period from original filing for divorce, serving the petition on the other party and final judgment (or decree) takes several months to allow for a chance to reconcile.

See also: alimony child custody child support community property incompatibility separate property spousal support and Related Law Terms ↓


Related Law Terms

abstract of title :: n. the written report on a title search which show ... e also: chain of title title report
acceleration clause :: n. a provision in a contract or promissory note th ... . See also: acceleration assumption
actionable :: adj. when enough facts or circumstances exist to m ... ction lawsuit malicious prosecution
ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem
administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate
admit :: v. 1) to state something is true in answering a co ... tted." See also: admission evidence
adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt
adultery :: n. consensual sexual relations when one of the par ... s and grist for scandal newspapers.
adverse possession :: n. a means to acquire title to land through obviou ... o: possession prescriptive easement
alimony :: n. support paid by one ex-spouse to the other as o ... ild support divorce spousal support
amicus curiae :: n. Latin for "friend of the court," a party or an ... party's presentation to the court.
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
articles of incorporation :: n. the basic charter of a corporation which spells ... year's taxes. See also: corporation
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
bankruptcy proceedings :: n. the bankruptcy procedure is: a) filing a petiti ... ankruptcy court claim in bankruptcy
bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
breach of warranty :: n. determination that a statement as to title of p ... See also: implied warranty warranty
change of circumstances :: n. the principal reason for a court modifying (ame ... ild support divorce spousal support
child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody
child support :: n. court-ordered funds to be paid by one parent to ... ild custody divorce spousal support
claim against a governmental agency :: n. any time one believes he/she has a right to pay ... orter than other types of lawsuits.
claim in bankruptcy :: n. the written claim filed by persons or businesse ... : bankruptcy bankruptcy proceedings
class action :: n. a lawsuit filed by one or more people on behalf ... ees usually require court approval.
collateral :: 1) n. property pledged to secure a loan or debt, u ... ral to the Colorado divorce action.
color of title :: n. the appearance of having title to personal or r ... rty based on this "color of title."
commencement of action :: n. an action (a lawsuit) commences (begins officia ... ing a complaint. See also: petition
commingling :: n. the act of mixing the funds belonging to one pa ... rust accounts for funds of another.
community property :: n. property and profits received by a husband and ... and distribution separate property
comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
condition precedent :: n. 1) in a contract, an event which must take plac ... o the property. See also: condition
contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract
convey :: v. to transfer title (official ownership) to real ... ion conveyance deed grantee grantor
copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark
corporation :: n. an organization formed with state governmental ... ation public corporation securities
court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party
creditor's claim :: n. a claim required to be filed in writing, in a p ... e also: claim in bankruptcy probate
cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons
cruelty :: n. the intentional and malicious infliction of phy ... ruel and unusual punishment divorce
deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed
default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default
demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading
descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession
disinherit :: v. to intentionally take actions to guarantee that ... rorem clause pretermitted heir will
domestic relations :: n. a polite term for the legal field of divorce, d ... port and alimony. See also: divorce
domicile :: n. the place where a person has his/her permanent ... where its headquarters is located.
eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation
enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction
equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ
escrow :: 1) n. a form of account held by an "escrow agent" ... w the deal." See also: escrow agent
extreme cruelty :: n. an archaic requirement to show infliction of ph ... ring the suffering spouse (victim).
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
grace period :: n. a time stated in a contract in which a late pay ... the contract, i.e. your insurance.
grandfather clause :: n. 1) a clause in a statute or zoning ordinance (p ... Such laws are now unconstitutional.
guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward
guardian ad litem :: n. a person appointed by the court only to take le ... awsuit is filed. See also: ad litem
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
heir :: n. one who acquires property upon the death of ano ... y pretermitted heir succession will
hit and run :: n. the crime of a driver of a vehicle who is invol ... , and then walks back to the scene.
in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction
incompatibility :: n. the state of a marriage in which the spouses no ... mpatible irreconcilable differences
incompatible :: adj. 1) inconsistent. 2) unmatching. 3) unable to ... ch other. See also: incompatibility
incorporate :: v. 1) to obtain an official charter or articles of ... te by reference incorporation stock
indenture :: n. a type of real property deed in which two parti ... bind a person to work for another.
injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ
insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts
interlocutory decree :: n. a court judgment which is temporary and not int ... ppeared to waste the parties' time.
interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery
joint custody :: n. in divorce actions, a decision by the court (of ... em. See also: child custody divorce
joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.).
lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer
legal separation :: n. a court-decreed right to live apart, with the r ... n is rarely used. See also: divorce
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership
lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order.
mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate
marriage :: n. the joining of a male and female in matrimony b ... of time without legal formalities.
mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed
motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
option :: n. a right to purchase property or require another ... ng or upon expiration of the lease.
palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony
parens patriae :: (paa-rens pat-tree-eye) n. Latin for "father of hi ... pport custody divorce guardian ward
party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent
peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire
petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ
prescription :: n. the method of acquiring an easement upon anothe ... ty. See also: prescriptive easement
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
property :: n. anything that is owned by a person or entity. P ... rty real property separate property
quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title
rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape
real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust.
reformation :: n. the correction or change of an existing documen ... neral partner sues for reformation.
respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court.
restraint on alienation :: n. an attempt in a deed or will to prevent the sal ... enant rule against perpetuities use
review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error
rule against perpetuities :: n. the legal prohibition against tying up property ... . See also: restraint on alienation
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
security deposit :: n. a payment required by a landlord from a tenant ... lso: landlord and tenant lease rent
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
separate property :: n. in community property states (California, Texas ... pouse. See also: community property
separation agreement :: n. an agreement between two married people who hav ... divorce legal separation separation
service by mail :: n. mailing legal pleadings to opposing attorneys o ... attorney by mail. See also: service
service of process :: n. the delivery of copies of legal documents such ... by publication substituted service
speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer
spousal support :: n. payment for support of an ex-spouse (or a spous ... but two. See also: alimony divorce
standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
statutory rape :: n. sexual intercourse with a female below the lega ... majority minority molestation rape
tax :: n. a governmental assessment (charge) upon propert ... unified estate and gift tax use tax
tenancy by the entirety :: n. joint ownership of title by husband and wife, i ... ee also: community property tenancy
timely :: adj. within the time required by statute, court ru ... ed on the 61st day is not "timely."
toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry.
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
ward :: n. 1) a person (usually a minor) who has a guardia ... ouncil district. See also: guardian
wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members).

Popular Law Searches

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testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
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clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - D

D.A. :: n. slang for District Attorney. ... n. slang for District Attorney.
d.b.a. :: n. short for "doing business as," when a person or ... that is registered with the state.
D.U.I. :: n. short for driving under the influence of alcoho ... ing under the influence of alcohol.
D.W.I. :: n. 1) short for driving while intoxicated. 2) abbr ... for dying without issue (children).
damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages
dangerous :: adj. unsafe, hazardous, fraught with risk. It can ... eapon's range. See also: negligence
dangerous weapon :: n. any gun, knife, sword, crossbow, slingshot or o ... igence and possibly win a judgment.
date rape :: n. forcible sexual intercourse by a male acquainta ... physical resistance. See also: rape
day in court :: n. popular term for everyone's opportunity to brin ... rt to protest his speeding ticket."
de facto :: adj. Latin for "in fact." Often used in place of " ... ave not been met. See also: de jure
de facto corporation :: n. a company which operates as if it were a corpor ... also: de facto de jure ultra vires
de jure :: adj. Latin for "lawful," as distinguished from de ... also: de facto de jure corporation
de jure corporation :: n. a corporation in good standing under the law, a ... also: de facto corporation de jure
de minimis :: adj. (dee-minnie-miss) Latin for "of minimum impor ... deal, a $10 mistake is de minimis.
de novo :: adj. Latin for "anew," which means starting over, ... n, de novo. See also: trial de novo
deadly weapon :: n. any weapon which can kill. This includes not on ... See also: assault dangerous weapon
dealer :: n. anyone who buys goods or property for the purpo ... ins taxes by buying other property.
death penalty :: n. the sentence of execution for murder and some o ... rder and some other capital crimes.
death row :: n. nickname for that portion of a prison in which ... o: capital punishment death penalty
debenture :: n. a form of bond certificate issued by a corporat ... n shares of stock or general bonds.