Important Divorce Terms to Understand

Getting a divorce can be a lot to wrap your head around and when you get into the legal jargon, it can get become more frustrating if you don't understand the legal terms.

We have created a list of terms that we have found are important for our clients facing a divorce.

Agreed Divorce

According to TexasLawHelp.org, a divorce is "agreed" if "if you and your spouse agree about all the issues (including custody, visitation and child support) and are both willing to sign the divorce forms."

No-fault divorce

A divorce where neither spouse is required to prove that the other spouse did something wrong. 

Uncontested Divorce

An uncontested divorce can mean either an agreed divorce or a default divorce. In an uncontested divorce, there are no disagreements about what the parties want to happen. Uncontested divorces are usually much simpler and faster than contested divorces.

Community Property (Nolo)

Texas is a "community property" state. This means that in most cases, property and money obtained during the marriage legally belongs to both spouses. This concept is important when it comes to the part of the divorce when property is divided up.

Default Divorce

A default divorce is when one party fails to respond to the divorce petition.

Alimony

Financial support paid by one spouse to the other during or after a divorce. 

Dissolution of Marriage

Texas law uses the term "dissolution" to include divorce or annulment.

Petitioner

The petitioner is the person who starts the divorce process. They are the one who filed the petition for divorce with the court.

Pro Se

"Pro se" is a term used by the courts to refer to someone who has not hired an attorney and is representing themselves.

Respondent

The respondent is the spouse who was not the one to file the suit for a divorce. They can file an answer, a counter-petition, or do nothing when served with divorce papers.

Service or Service of Process

Service is the formal act of notifying someone that a lawsuit has been filed against them.

First Directions Appointment

The first court appointment in financial proceedings. 

Ancillary Relief

Additional help requested beyond a judgment of divorce, such as maintenance payments, child support, or division of property.