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A Divorce Glossary

by: Nathan Dawson

Divorce lawyers and law firms can provide a great deal of divorce information and divorce advice; but sometimes, all that legal jargon can be confusing to say the least, not to mention intimidating. Getting a good, low cost divorce settlement requires planning and research.

So, why not start here? We have provided you with a good glossary of legal terms related to the process of getting a divorce:

Alimony
A regular support payment by one divorced spouse to the other

Annulment
A court declaration stating that a legal marriage never existed

Arbitration
Having a disputed matter settled by a third party who is not a judge.

Attachment
A court-ordered seizure of a debtor�s property.

Attorney at Law
A state-licensed advocate who is hired to prepare, manage and try a case in court.

Alternative Dispute Resolution
A process of negotiation, mediation and arbitration, in lieu of a trial, as a way to resolve issues pertaining to a judgment of divorce.

Case Information Statement (CIS)
A financial document specifying the details of your respective incomes, expenses, assets, and debts.

Child Support
Money paid by one ex-spouse to another toward their child�s expenses.

Common Law Marriage
A marriage without a license or ceremony in which the couple cohabitated for a minimum number of years (varies from state to state).

Default
Failure to do something (such as make a payment) on time.

Discovery
The legal procedures used to gather all the facts necessary to settle a case or to prepare the case for trial.

Dissolution of Marriage (Divorce)
The legal separation of a married couple so that each one may be free to marry again.

Equitable Distribution
A fair division of the assets acquired during your marriage.

Inventory and Appraisement
A list of jointly-owned property along with the current value of each one.

Joint Legal Custody
An agreement in which a divorced couple share the rights and responsibilities of making major decisions about their child�s life.

Joint Physical Custody
The shared right to have a child live with one or the other parent at different times of the week or year.

Judgement of Divorce
A legal document following a settlement or trial that grants a divorce and states the court�s decisions with regard to alimony, support, custody, visitation rights, and equitable distribution.

Maintenance
Alimony or child support payments

Marital Settlement Agreement
An out-of-court agreement that resolves all issues surrounding a divorce.

Mediation
A process by which a dispute is resolved and an agreement between two parties is reached with the assistance of a disinterested third party known as a mediator.

Non-Marital Property
Property that belongs exclusively to either the husband or the wife and, as such, cannot be divided between the two.

No-Fault Divorce
A divorce granted with the mutual agreement of two spouses, or when one spouse has left the marriage for a certain period of time (varies by state).

Rehabilitative Alimony
Alimony that helps the ex-spouse to become self-reliant.

Separation
The absence of one spouse from the household before a divorce.

Separation Agreement
A temporary agreement with regard to support, child custody and property for the period between the onset of separation and the granting of a divorce.

Spouse
A husband or wife

Support
Payment due to one spouse from the other regarding housing, food, clothing, and other expenses.

Transfer
To switch legal ownership from one person to another.

Verification Statement
An oath declaring that the information stated in a document is true.

Visitation
The right for a non-custodial parent to visit his or her child.

About the author:
Nathan Dawson writes for a great online source for finance information.

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Seven Sets of Documents You Need For Your Divorce
by: Scott Morgan

This article is designed to give someone who is considering or planning for the possibility of divorce an idea of what documents are needed. Even if you believe your case is ultimately agreed to and settled without a trial, you will be in a much better position if you already have the relevant documents in your possession. Better safe than sorry.

You should locate the relevant documents, make copies, and keep them somewhere secure, like your office or with a friend. You will then have access when it is needed.

Here are the most important seven categories of documents you should focus on.

1. Income Documents

Your spouse's income is relevant to a number of issues in a divorce case. At a minimum, get your spouse's last paycheck statement and your most recent tax return. Ideally, you would have access to all tax returns filed during the marriage, along with all supporting documents and schedules.

2. Bank Records

The monthly bank statements are very important and can lead you to other documents (cancelled checks, deposit slips, registers, etc.) that you also may need to obtain. Get at least the most recent statement for each account that is either held in your name, your spouse's name, or jointly. If possible, get copies of all statements going back to the date of marriage. In most cases this volume of records is not required, but in some cases these records can be very helpful and even necessary to analyze the case.

3. Retirement and Other Investment Records

Often the biggest asset a couple will own will be a 401k or pension account. So you will definitely want the most recent account statement and ideally all statements dating back to the time of marriage. Also, the last statement prior to marriage can be very significant (especially in community property states) to show the pre-marriage balance.

4. Credit Card statements

Again the most recent statements are a necessity, but a lot of important evidence can be garnered from the historical statements. In some cases, the credit card statements will show questionable transactions that can be of real evidentiary value. For example, they might show evidence of gifts or dinners purchased for paramours, questionable hotel rentals, or other dubious purchases.

5. Real estate documents

The most important real estate documents are the Deed of Trust and Warranty Deed for any property you currently own. If you have the entire file from (the giant stack of paper you got after the closing) for each real estate purchase or refinance transaction during the marriage it can be helpful. Additionally, documents evidencing real estate owned by either spouse prior to marriage can be significant, especially in community property states.

6. Mortgage statements & any Other Debts

You should get the most recent statements showing the current payoff balance for any other debts. For those debts that have only a coupon book with no regularly generated statements showing the current balance, you will probably need to contact the creditor by phone for the current payoff information.

7. Relevant emails or other correspondence

Correspondence or emails can be extremely helpful (or damaging, depending on your viewpoint) pieces of evidence in the case. Whether the communication is between spouses or between a spouse and some third-party, the communication is potentially relevant. Two common examples would be where your spouse makes a damaging admission about some issue in the case, or communications with paramours.

Conclusion

Determining which documents you need to obtain for your divorce case can be a very time-consuming and daunting task. Use this list as a starting point and discuss your situation with a quality divorce attorney. This person should be able to advise you specifically on the documents you need to obtain in order to protect your interests.

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