Home LAWYERING DIVORCE LAWYERS & LAW TOPICS How is your divorce lingo? by New York Divorce Attorney

How is your divorce lingo? by New York Divorce Attorney

So you are getting divorced and you need to know what these words mean? Let me help you if I can:

Pendente lite-this basically means “interim” or during the pendency of a divorce before the judgment is signed.

“Buy you out” that usually refers to the marital residence or some other asset where one spouse pays the other spouse cash in exchange for the interest in that asset – like real estate, pensions, stock options, etc.

Alimony – this is another word for maintenance. It is financial support paid to a former spouse.

Prenup – this is a special contract that two people sign prior to marriage detailing the terms and conditions of their divorce.

Parental alienation – this is when one parent plays dirty and turns the kids from the other parent.

Grounds – this is really another way of asking, “do you have a reason that you want this divorce?” In New York, unlike the other states, you have to have a reason. You can’t say it’s due to “irreconcilable differences.”

No fault – this is another way of saying we have “irreconcilable differences”

Equitable distribution – This is a way to distribute assets in some states that looks to what is “fair” after taking into a account certain factors such as the standard of living during the marriage, the age of the parties, the ability of the parties to be self-supporting post-divorce and the title of the assets/contributions of the spouse to the acquisition of the asset, etc. Popular in states like New York.

Community property – this is another way to distribute assets that pretty much says whatever you earned during the marriage will be split down the middle for the most part. Popular in states like California.

Order of protection – this is an order by the court that someone is to “stay away” from someone else or face possible jail time. Typical in domestic abuse cases.

Serve the papers – means to hand your spouse the summons and complaint in the divorce action. In New York (and possibly all other states) you must serve your spouse in person.

File the papers – before you “serve the papers” you have to file the papers with the county clerk. You do that by obtaining an index number which is about $210, and then getting it stamped, and having the court enter it into the court’s database.

Affidavit of service – Before you can proceed with your divorce action, you must prove that your spouse was served the papers. You do that by having the person who handed the papers to your spouse fill out and have notarized a form that details the time your spouse was served, where; and that describes your spouse, etc.

By New York divorce attorney: www.mynewyorkdivorceattorney.com

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