Divorce Definitions

Domestic Violence Petition This form serves as your application for a protective order; after obtaining one from the courthouse clerk, completing and returning it, it will be reviewed by a judge. Reimbursement Alimony Reimbursement alimony, as the name implies, is designed to reimburse one spouse for expenses occurred by the other. Custodial parent The parent who has physical custody of the children. Contested Divorce A divorce where the parties are unable or unwilling to come to a mutual agreement. Lump-Sum Alimony Lump-sum alimony or alimony in gross refers to alimony that is a fixed payment that generally will be made regardless of circumstances that would be a basis for termination of other types of alimony. Mediation A non-adversarial process in which a neutral third party acts to encourage and help disputing parties reach a mutually acceptable agreement. May not be a good option when domestic violence is present. Residual Physical Custodial Rights A custody agreement when one parent is awarded visitation by a pre-arranged schedule worked out between the parents or the courts. No-Fault Divorce Many states now permit "no-fault" divorces. No fault" divorce describes any divorce where the spouse suing for divorce does not have to prove that the other spouse did something wrong. All states allow divorces regardless of who is at "fault." Divorce agreement A divorce agreement spells out the terms of the divorce and the relationship between the two spouses after the divorce. These agreements usually cover property division, child custody and child plans, debt division, spousal support, and any other relevant issues related to the divorce. Supervised visitation A form of visitation in which an adult supervisor must be present when the child is visiting with the non-custodial parent.

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	Did You Know?
	In divorce actions, mediators often are involved in custody and visitation disputes. In some jurisdictions (particularly large urban areas), courts require mediation of custody and visitation disputes. The mother and father must talk with a court-appointed mediator to try to resolve the problem before putting their case before a judge. The mediator cannot force a resolution, but the parties can be told to try mediation before coming to court to ask a judge to decide the issue.