NBTA Family Trial key terms

The initial pleading that starts a divorce case, identifies the spouses and any children, states the grounds, and requests the relief sought, such as property division, support, and custody.

The legally recognized reason a court may end a marriage, such as irretrievable breakdown, adultery, or separation for a stated period, depending on whether the jurisdiction allows no-fault, fault, or both.

A no-fault ground asserting the marriage cannot be repaired, typically requiring only that at least one spouse testifies the relationship is over, without proving misconduct by either party.

A divorce procedure in which the petitioner need not prove wrongdoing by the other spouse; the case proceeds on a statutory ground such as breakdown or incompatibility, and fault usually does not affect the decree.

A dissolution granted on proof of marital misconduct, such as adultery, cruelty, or desertion; fault may influence alimony, property division, or custody in jurisdictions that still permit it.

The formal delivery of the summons and petition to the respondent in a manner the rules authorize, which gives the court personal jurisdiction and starts the respondent's time to answer.

The respondent's responsive pleading admitting or denying the petition's allegations and, often in the same document, asking the court for independent relief such as support, custody, or a share of property.

A decree entered for the petitioner when the respondent fails to appear or respond within the required time, after the court confirms proper service and any statutory waiting period has passed.

Interim rulings that govern the parties' conduct during the pending case, addressing temporary support, exclusive use of the home, custody, and restraints on transferring assets until final judgment.

Temporary spousal or child support awarded while the divorce is pending, intended to preserve the financial status quo until the court can make a final support determination.

A restraint that takes effect by operation of statute or rule when a divorce petition is filed, barring parties from dissipating assets, changing insurance, or removing children without notice.

Assets and earnings acquired by either spouse during the marriage, generally subject to division at divorce, as distinguished from separate property owned before the marriage or received by gift or inheritance.

Assets a spouse owns outside the marital estate, typically property held before marriage or acquired by gift or inheritance, which is generally not divided but may be subject to reimbursement claims.

A property regime in which most earnings and acquisitions during marriage belong equally to both spouses, so the divorce court divides the community estate roughly in half rather than by discretionary fairness.

The approach used in most non-community-property states under which the court divides marital property fairly, considering factors such as marriage length, contributions, and each spouse's economic circumstances.

The mixing of separate and marital funds or assets in a way that obscures their origin, which can transform separate property into marital property unless the contributing spouse can trace the source.

The evidentiary process of following assets through transactions to show that a particular item or fund retains its separate character despite having been deposited into or mixed with marital accounts.

The wasteful or wrongful spending or transfer of marital funds by one spouse, such as gambling or gifts to a paramour, which the court may offset in the property division.

Payments one spouse makes to the other after divorce to support that spouse, awarded under statutory factors such as need, ability to pay, marriage duration, and the recipient's earning capacity.

Time-limited support meant to help a spouse gain education or job skills and become self-supporting, often with a stated review date or a defined term of years.

Attributing earning capacity to a party who is voluntarily unemployed or underemployed, so support is calculated on what the party could reasonably earn rather than actual current income.

Statutory schedules and formulas that set presumptive child support amounts based on parental income, number of children, and related factors, rebuttable only by showing the result is unjust.

A child support method that estimates the total cost of raising a child and allocates that cost between parents in proportion to their combined incomes, reflecting the child's standard of living in an intact family.

A court's departure from the presumptive child support amount after written findings that the guideline figure is unjust or inappropriate because of case-specific circumstances.

The authority to make major decisions about a child's education, health care, and religion, which may be awarded to one parent or shared jointly by both parents.

The schedule and arrangement of where a child lives and how time is divided between parents, often now expressed as parenting time rather than as a custodial label.

The governing standard for custody decisions, weighing factors such as stability, each parent's caregiving capacity, the child's needs, and sometimes the child's stated preference.

A detailed schedule and set of rules the parties submit or the court imposes, covering residential time, holidays, exchanges, decision-making, and dispute resolution for the children.

A contract in which divorcing spouses resolve property, support, and custody issues themselves, which the court reviews and usually incorporates into the final decree if it is fair and lawful.

A contract defense allowing a court to refuse to enforce a settlement agreement that is so one-sided or procedurally unfair, such as through concealed assets, that no reasonable person would accept it.

The duty each spouse owes in divorce proceedings to reveal all assets, debts, and income, because the parties have special knowledge of their own finances and deal at arm's length during settlement.

The pretrial exchange of information through interrogatories, requests for production, depositions, and disclosures, used in family cases to value assets, verify income, and locate hidden property.

The date on which marital assets and businesses are measured for division, which can significantly affect the outcome and is set by statute or court discretion depending on the jurisdiction.

The court's final judgment ending the marriage and resolving all remaining issues, including property, support, and custody, after which the parties may seek modification only on changed circumstances.

A post-judgment change to a support or custody order based on a substantial and material change in circumstances that was not anticipated when the original order was entered.

A remedy for violating a court order, such as failing to pay support, that may be civil, to coerce compliance, or criminal, to punish, and can lead to fines or incarceration.

An order directing an employer to deduct child or spousal support from a payer's wages and send it to a state disbursement unit, used to enforce and collect support reliably.

The Uniform Child Custody Jurisdiction and Enforcement Act, a uniform statute adopted by nearly every state that sets which state has home-state jurisdiction over custody and how orders are enforced across states.

The basis under the UCCJEA giving custody jurisdiction to the state where the child lived with a parent for at least six consecutive months before the case began, or since birth.