Family Law Glossary

Alimony. Also called spousal support or spousal maintenance.  Financial payments made to help support a spouse or former spouse while the parties are physically separated, while a divorce or legal separation proceeding is pending, or following a divorce or legal separation.  In Oregon, there are three types of spousal support: transitional, compensatory and maintenance.  These are defined in greater detail below.

Alternative Dispute Resolution (ADR). Methods of resolving legal disputes in a less adversarial manner without having to go to trial such as arbitration or mediation.  Many courts in Oregon require divorcing parties to attend mediation before trial, particularly if children are involved.

Annulment. The legal rescission or cancellation of a marriage because it was invalid or void when entered.  In Oregon, a marriage can be annulled if either spouse was not of legal age or sufficient understanding to marry, if either spouse’s consent to marry was obtained by force or fraud, if either spouse was already married, or if spouses are first cousins or nearer of kin to each other.  An annulment differs from a divorce in that the law treats a marriage that was annulled as if it never occurred, while a divorce terminates a marriage.  An annulment may be preferred when a person’s religious beliefs do not approve of or permit a divorce.

Arrearage. Money for child or spousal support that has not been paid and is past due.

Child Support. Money that a noncustodial parent pays to the custodial parent for the support of  their child(ren).

Child Support Guidelines. Guidelines established by statute or rule in each jurisdiction that set forth the manner in which child support must be calculated, generally based on the income of the parents and the needs of the children.

Compensatory Spousal Support.  Financial support paid to a compensate a divorced or separated spouse, who made a significant contribution toward the other spouse’s education, training, vocational skills, career or earning capacity during the marriage.

Custody. There are two main types of custody in Oregon–legal and physical.  Legal custody refers to the right to make the important decisions about your minor child(ren) regarding their residence, education, healthcare, religion, etc.  Physical custody refers to where the child(ren) live(s).  Legal custody is further broken down into two categories: joint or sole legal custody, which are defined below.

Decree. The court’s written order or decision finalizing the divorce, often issued in conjunction with the court’s judgment.

Default. Failing to answer a petition or complaint for divorce within the time provided by the summons, typically 30 days from being served.  If a party served with a lawsuit, including a divorce or separation, fails to file an answer or appear in court in the required time, the court can award to the party who filed the lawsuit everything requested in his or her divorce papers.

Defendant. The person against whom a lawsuit is filed.  The person against whom a divorce or separation is filed is referred to as the respondent.

Deposition. Part of the discovery or information exchanging process in a legal proceeding in which an attorney asks a party or witness questions under oath that are recorded so that a transcript of the proceedings can be prepared.

Discovery. The process of exchanging information between parties during a legal proceeding, including serving and answering interrogatories, requests for production of documents, and depositions.

Dissolution. The official term used in Oregon courts and statutes for a divorce.  The legal termination of a marriage or the legal proceeding to terminate a marriage.

Divorce. The more commonly used term for the legal termination of a marriage.  While most people refer to the termination of a marriage or the legal proceeding to terminate a marriage as a “divorce,” the term actually used in the statutes and  courts in Oregon is “dissolution.”

Domestic Partnership.  An arrangement in which unmarried persons cohabitate or live together with an intention to pool their resources and assets, and share their property and debt.  Oregon law does not recognize “common law” marriages as a result of unmarried persons living together for an extended period of time.  However, domestic partnerships are recognized.  Domestic partners can often obtain much of the same relief that is available to a divorcing couple, with one notable exception being spousal support.  Courts will divide the parties’ property and debt according to their written agreement, if one exists, or their expressed or implied intent.

Domestic Violence. Physical abuse or threats of abuse occurring between members of the same family or household.

Equitable Distribution. A division of property that is fair in view of all of the circumstances.  An equitable does not necessarily mean an equal one.

Interrogatories. Written questions served by the opposing party that must be answered in writing as part of the discovery process.

Joint Legal Custody. The continued co-parenting of a minor child after a divorce or legal separation, or the sharing of the right to make important decisions about a child’s welfare by both parents. Many professionals in the family law world, including judges, lawyers, therapists, counselors, psychologists, psychiatrists, etc. believe this is the preferred method of raising a child after a divorce, if the parents are capable and the circumstances are appropriate.  In Oregon, a judge cannot force parents to share joint legal custody.  Rather, joint legal custody is only possible if both parents agree to it.

Joint Physical Custody. The sharing of the actual physical care and custody of a minor child(ren) by both parents. 

Legal Custody. Legal custody refers to the right to make the important decisions about a minor child(ren) regarding their residence, education, healthcare, religion, etc.  Legal custody is further broken down into two categories: joint or sole legal custody, which are defined above and below, respectively.

Legal Separation. This is a legal device or proceeding similar to a divorce in which the financial and legal lives of a married couple are separated and the parties stop cohabitating or living together.  In a legal separation, the parties can obtain nearly all of the same relief available through a divorce such as the division of their property and debts, child custody, and child and spousal support.  However, the parties’ marriage is not legally terminated and they remain legally married.  A legal separation may be preferred because a person’s religious beliefs do not approve of or permit a divorce.

Maintenance or Spousal Maintenance.  Financial payments made to a divorced or separated spouse for a specified or indefinite period of time.  Maintenance is most common in a long-term marriage, and it is intended to allow the less fortunate spouse to continue the standard of living established during the marriage.  It is usually ordered when one spouse is at a significant disadvantage in his or her ability to support themself after the divorce because of their age, or physical, mental or emotional condition, or limited education, work experience or earning potential. 

Marital property. In Oregon, a presumption exists that all property acquired during the marriage is marital property.  Compare to Nonmarital Property.

Mediation. A form of alternative dispute resolution (ADR) for resolving legal disputes without going to trial, by the use of a trained and impartial third party who attempts to bring the parties together in mutual agreement.

Noncustodial Parent. The parent who does not have legal and/or physical custody of the child(ren).

Nonmarital Property. Generally, property owned by either spouse before the marriage or that is acquired individually or separately during the marriage, such as by gift or inheritance.

Obligee.  A person who is owed something by another such as child or spousal support.

Obligor.  A person who owes something to another such as child or spousal support.

Parenting Plan.  The schedule for the noncustodial parent’s time with his or her child(ren).

Parenting Time.  The time that a noncustodial parent spends with his or her child(ren).

Physical Custody. A parent’s right to have the minor child(ren) live in his or her home, which carries with it the day‑to‑day rights and responsibilities for the care and upbringing associated with having the child(ren) in the home.

Petitioner. The person who initiates or files a divorce or marriage dissolution proceedings.

Plaintiff. The person who initiates or files legal proceedings.  , often called the petitioner in family law matters.

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). An order issued by the court to divide retirement benefits.  Often called a “quad‑ro” by lawyers and judges.  The preparation of a QDRO requires the parties to hire a third attorney, one who did not represent either party in the divorce, to prepare order.  The parties usually split the cost of the preparation of the QDRO, which is generally between $750-1,000 for each retirement account being split.

Respondent. The person against whom a legal proceeding is filed in a family law matter.

Restraining Order. An order issued by the court to restrain or prevent a person from doing something.  Frequently, issued in conjunction with domestic violence or custody disputes.

Separation.  The cessation of cohabitation between a married couple by their mutual agreement or judicial decree.  If done only by the parties’ mutual agreement, then this living arrangement generally means that the parties are not responsible for the other spouse’s debts and obligations, except for the debts relating to the expenses of the family and the maintenance, support and education of their minor children.  If done through a formal legal proceeding, then the parties’ legal and financial lives are legally separated, and they can obtain nearly all of the same relief available through a divorce such as the division of their property and debts, child custody, and child and spousal support.  However, the parties’ marriage is not legally terminated and they remain legally married.  Please see “Legal Separation” above.

Settlement Conference. A meeting at which the parties and their lawyers attempt to settle the case before trial, often ordered by the court.

Sole Legal Custody. One parent is given the unilateral right to make important decisions about a child’s welfare without consulting the other parent.  Typically, the parent with sole legal custody will also have physical custody of the child.