Words Commonly Used in Divorce Proceedings

ACCEPTANCE OF SERVICE: Respondent tells the Clerk of Court in writing the Petition has been received.

ANNULMENT: Legal proceeding which declared the marriage void and of no effect.

ANSWER: Written response of Respondent to Petitioner?s Petition. Respondent admits or denies the separate paragraphs of the Petition.

APPEARANCE: Respondent tells the Court in writing he or she will appear and submit to the jurisdiction of the court.

DECREE: Legal document signed by the judge permanently determining all of the rights and responsibilities of the parties and dissolving the marriage.

DEFAULT: Failure of one party to respond to a pleading of the other. Generally it results in granting all requests not answered.

DISSOLUTION OF MARRIAGE: The legal end of the marriage, referred to in common usage as "divorce."

DOMESTIC ABUSE: An assault committed between spouses - married, separated, or divorced.

DOMICILE: A permanent residence through one may live elsewhere some of the time. A person can have only one domicile.

"EXTRAORDINARY VISITATION": Court-ordered visitation in excess of 127 overnights per year.

LEGAL SEPARATION: A proceeding where the couple stays married but all the other issues settled in a divorce are addressed (custody, visitation, division of debts, etc.)

MODIFICATION: A change in the decree or order from the court.

ORIGINAL NOTICE: A notice served with the Petition stating that an action has been filed against the Respondent. It says a judgment will be taken if she/he fails to answer.

PETITION: The first set of papers filed in the action. The Petitioner requests the dissolution of marriage and other relief such as custody, support, attorney fees, etc.

PETITIONER: The one who starts the dissolution proceedings.

RESIDENCE: Any place where one actually lives. A person can have several residences.

RESPONDENT: The person against whom the action is brought.

IN FORMA PAUPERIS: A way for poor people to file for divorce without having to pay a filing fee. The fee is charged to one of the parties at the end of the divorce.

SERVICE: Delivering the Petition to Respondent. This can be done by the Sheriff?s office or a private process server. It can be done by the petitioner or Petitioner?s Attorney if the Respondent will voluntarily accept service. Service of other court papers after this initial service are usually done as directed by the court. (by mail, by Sheriff, etc.)

SPECIAL APPEARANCE: Legal document filed by a lawyer challenging the power of the Court to hear the case.

STIPULATION: The written agreement made by the parties resolving all issues in dispute. There can be temporary stipulations on custody, support, or attorney fees to protect one or both parties while the dissolution action is pending. A final stipulation can resolve all issues arising out of the divorce action so the case can be finalized without a trial.

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