Terms and phrases commonly used in the divorce process:
Alimony. Financial payments made to help support a spouse or former spouse during separation or following divorce. Also called Spousal Support or Spousal Maintenance.
Allocation of Parental Responsibilities. Formerly referred to as “legal custody,” the term now pertains to how parental decision-making is allocated between a child’s mother and father. The major areas of decision-making are educational, medical, religious or spiritual, and extracurricular. If parties agree on how decision-making should be allocated– and the current trend is in favor of joint decision-making– this will be spelled out in their stipulated Parenting Plan. If the parties can not agree, the judge will decide how parental responsibilities should be allocated.
Alternative Dispute Resolution (ADR). Methods of resolving legal disputes in a less adversarial manner, without going to trial, such as through Arbitration or Mediation.
Arbitration. A form of Alternative Dispute Resolution (ADR) utilized for resolving legal disputes without going to trial, where a trained and impartial third-party arbitrator, chosen by the parties and acting like a private judge, conducts a hearing on the disputed issues and enters an award or judgment after both parties have had an opportunity to present their case much like they would in court. Arbitration is a binding process, which differentiates it from Mediation, which is a voluntary process.
Arrearage. An amount of money which is past due for unpaid Child Support or Spousal Maintenance.
Automatic Injunction. As soon as a divorce proceeding begins (i.e., the Petition and summons have been filed with the Court and served on the Respondent) an Automatic Injunction, set forth at C.R.S. §14-10-107 becomes effective. This Automatic Injunction prevents either and both parties from: 1) transferring, encumbering, concealing or in any way disposing of any property, except in the usual course of business or for the necessities of life; 2) molesting or disturbing the peace of the other party; 3) removing a minor child or children of the parties from the State of Colorado without the consent of the other party or an order of Court; and 4) canceling, modifying, terminating or allowing to lapse for non-payment of premiums any policies of health insurance, home owner’s or renter’s insurance, or automobile insurance.
Child Support. Money that a Non-Custodial Parent pays to the Custodial Parent for their child(ren)'s financial support.
Child Support Guidelines. Statutory guidelines established by the Colorado legislature at C.R.S. §14-10-115 that set forth the manner in which child support is calculated, generally based on the income of the parents and the needs of the children.
Custodial Parent. The parent with whom the children reside the majority of the time.
Custody. In Colorado, this term is technically not used anymore– it’s been replaced by the terminology “Allocation of Parental Responsibility”– but historically it meant having rights to your child. “Legal Custody” meant that you had the right to make important decisions about your child's educational, religious, medical, or extracurricular welfare. “Physical Custody” determined where the child physically resided the majority of the time.
Decree. The Court's written order or decision finalizing the divorce, often issued in conjunction with the Court's judgment.
Default. Failing to answer or file a Response to a Petition for divorce. Failing to file an answer or appear in court as required can result in the Court awarding everything requested by the filing spouse.
Deposition. Part of the Discovery or information-exchanging process of a legal proceeding, in which the attorney for one party asks questions of the other party– under penalty of perjury, in the presence of his or her attorney– and a transcript of the proceedings is prepared by a court reporter. Your attorney may also “depose” the other party, as well as potential witnesses (accountants, daycare providers, employers, etc.) who may have information relevant to the case.
Disclosures. The divorce process in Colorado requires each party to make a full and fair disclosure to the other party of their income, assets, liabilities, and all other relevant financial information, including information which may bear on their parental rights and privileges. Each party is required to prepare and file with the Court a complete Financial Affidavit. Numerous other mandatory disclosures are also required under the applicable rules.
Discovery. The information-exchanging process of a legal proceeding, including the serving and answering of Interrogatories and Requests for Production of Documents, and the taking of Depositions. Discovery is not required in all cases, but it can be invaluable in a complicated case, or in a situation where a party is attempting to hide assets or to be untruthful about important facts.
Dissolution. Another word for Divorce, which is the legal termination of a marriage relationship.
Divorce. The legal termination of a marriage relationship. Also referred to as Dissolution.
Domestic Violence. Physical abuse or threats of abuse occurring between members of the same household.
Equitable Distribution. A division of marital property which is deemed to be fair in view of all of the relevant circumstances. Under Colorado law, the division of marital property must be fair and equitable. Equitable does not necessarily mean equal.
Interrogatories. Written questions served by the opposing attorney or party that must be answered in writing and under penalty of perjury as part of the Discovery process.
Joint Legal Custody. Now referred to as Joint “Allocation of Parental Responsibility,” the sharing, by both parents, of the right to make important decisions about a child's welfare.
Marital Property. Generally, all property acquired during the marriage, together with the appreciation in value of a party’s premarital or separate property. Marital property is statutorily defined at C.R.S. §14-10-113.
Mediation. A form of Alternative Dispute Resolution (ADR) utilized for resolving legal disputes without going to trial, whereby a trained and impartial third-party mediator, chosen by the parties, attempts to bring the parties together in areas of mutual agreement. Mediation is a voluntary process, which differentiates it from Arbitration, which is binding in nature.
Non-Custodial Parent. The parent with whom the child(ren) do not reside a majority of the time.
Non-marital property. Generally, property owned by either spouse prior to marriage or acquired by a party individually, such as by gift or inheritance, during the marriage.
Parenting Plan. A written plan, submitted by the parties to the Court, which sets forth their agreement for parenting their children. Parenting plans become part of the Court’s order and usually include provisions regarding Parenting Time, decision-making, Allocation of Parental Responsibilities, how holidays will be divided, physical residency, extracurricular issues, health and medical insurance, tax exemptions, discipline and other related topics.
Parenting Time. The time, or schedule of time, that a Non-Custodial Parent spends with his or her children. Also referred to as “Visitation.”
Petition. The legal document which, with the summons, is used to initiate the divorce process. The Petition contains basic information about the parties, the specifics of their marriage, their children, if any, and any temporary arrangements made as to the Allocation of Parental Responsibilities. The Petition also sets forth the relief requested by the Petitioner.
Petitioner. The person who initiates divorce or dissolution proceedings.
Premarital Agreement. An agreement entered into before marriage that sets forth each party's rights and responsibilities should the marriage terminate by death or divorce. Also called a Prenuptial Agreement.
Prenuptial Agreement. An agreement entered into before marriage that sets forth each party's rights and responsibilities should the marriage terminate by death or divorce. Also called a Premarital Agreement.
Qualified Domestic Relations Order (QDRO). Pronounced "kwah-dro," an order issued by the Court to divide a party’s retirement benefits, most often involving a defined-benefit pension plan.
Respondent. The person against whom legal papers are filed, or who answers the Petition in a dissolution proceeding.
Response. The legal document filed with the Court by the Respondent, the purpose of which is to answer or respond to the statements and information contained in the Petition.
Restraining Order. An order issued by the Court requiring the subject of the order to refrain from doing something, often issued in conjunction with Domestic Violence or in order to protect at-risk children.
Requests for Production of Documents. A form of a Discovery served on a party by the opposing attorney or party that sets forth documents or categories of documents which must be produced to the requesting attorney by a given date, usually within 30 days.
Separation Agreement. A written document, contractual in nature, signed by the parties and their attorneys, which sets forth the parties’ agreement as to all issues in their divorce including division of Marital Property and debts, Allocation of Parental Responsibilities, Parenting Time, Child Support, Spousal Maintenance, insurance issues, tax matters, and any other relevant provisions which may be necessary due to the particular circumstances of the case. The Separation Agreement is reviewed by the Court and, if accepted, becomes an order of the Court, and is usually attached to the Court’s final Decree.
Settlement Conference. A settlement meeting, often Court-ordered and usually held at one of the attorneys’ offices, during which the parties and their lawyers attempt to negotiate a settlement of all or some disputed issues before the case goes to trial. Sometimes referred to as a “four-way.”
Spousal Support or Maintenance. Financial payments made to help support a spouse or former spouse during separation or following divorce. Also called Alimony.
Stipulation. A written agreement, entered into by the parties and their attorneys, settling an issue or issues between them. A Stipulation, once signed, is filed with the Court and is often incorporated into the Court's final order or decree.
Visitation. The time that a Non-Custodial Parent spends with his or her child(ren). Now referred to as Parenting Time.
