Discussions about legal issues often involve words which many people rarely use, and this list is intended to help you to better understand some of the legal terminology. This is not intended to be a full legal glossary, because the legal profession has accumulated many specific meanings for certain phrases. If you have questions, ask us for guidance about your specific situation.
- Alimony – See Spousal Maintenance
- Alternative Dispute Resolution – Processes where the parties attempt to settle the divorce issues without going to Court. Mediation, arbitration, and collaborative law are all some examples.
- Annulment – A process whereby the marriage is voided (deemed legally as if it never occurred). Annulments are granted extremely rarely and under very limited circumstances. In contrast, a Divorce ends a marriage but recognizes that the marriage had occurred.
- Answer and Counter-Petition – The written response of a party who gets served with the Summons and Petition for Divorce. The Answer contains the factual background and the relief requested from the answering party’s perspective. The Answer must be served within thirty (30) days from the date that it is served.
- Arbitration – A process where a neutral third party decides an issue either because the Court ordered arbitration or because the parties agreed to use arbitration.
- Bar – Refers to the railing which separates observers from the working area of the courtroom. Only participants in a case should cross the bar. ”The bar” also is a phrase which refers to lawyers, because they “practice before the bar”.
- Bench – See Court
- Case – A specific legal situation, its paperwork, or dealing with the situation in court.
- Commencement of Divorce Proceeding - Divorce is started by having the other spouse served with a “Summons” and “Petition for Dissolution of Marriage“. See here for a summary of the proper procedures for service.
- Child - Under Minnesota Law, a “child” is anyone who is under the age of eighteen (18) or twenty (20) if the child is still in high school or is not capable of self-support.
- Child Support - Financial care and support of a child, including health, dental, education, and child care costs.
- COBRA – A method for some employees to get health coverage after leaving employment.
- Court – The judge or the room where judgement is made. ”The bench” is sometimes used to refer to the judge or the desk where he sits.
- Custody – May refer to Legal Custody or Physical Custody.
- Default Judgment – Ruling by judge against someone who did not come or respond to the Court.
- Discovery – Refers to a method by which both parties exchange information.
- Divorce – A legal process that severs the marriage relationship between a married couple.
- Filing – Filing the paperwork with the Court, which may activate deadlines for further action.
- Legal Custody – Refers to major decisions regarding the child (for example, enrolling the child in private versus public school is a legal custody decision). Major health decisions or religious issues are all legal custody decisions.
- Legal Separation – Court-issued Decree which states that the parties are legally separated and has provisions about the rights and obligations of the husband and the wife while they remain legally separated. As the term implies, the parties remain married and therefore, cannot remarry another person. Legal separations are rarely done.
- Mediation – May refer to mediation during divorce or mediation after divorce of issues such as child support.
- Name Change – During divorce, if a party requests a name change the judge can legally change the name.
- “No Fault” Divorce – In Minnesota, a spouse does not have to prove that the other spouse is “at fault” or has acted inappropriately to get a Divorce.
- Officer of the Court – A person whose authority comes from the legal system. A few examples are lawyers, bailiffs, and police officers.
- Parenting Time – A term which reflects the amount of time and a schedule that the non-custodial parent (parent that does not have physical custody) spends with the minor child.
- Parties – The people involved in a legal situation.
- Petition for Divorce - The “Petition for Dissolution of Marriage” is a legal document that contains the facts of the marriage from the initiating party’s perspective. At the end of the document, it requests certain relief. The recipient has 30 days to respond.
- Physical Custody – Refers to the main residence, care and control of the minor child.
- Pretrial - A Pretrial is a Court Hearing that is typically used as an opportunity to settle the case (sometimes, with the Judge’s assistance) on a permanent basis.
- Property Division – Assigning the ownership of marital property.
- Service – Delivering a legal document to one of the parties in a way which follows legal requirements for serving.
- Spousal Maintenance – “Spousal Maintenance” (previously referred to as Alimony) is financial support provided by one spouse to the other spouse.
- Summons - The “Summons” is a legal document that directs both parties not to harass the other party; not to change or cancel any insurance policies or beneficiaries to insurance; not to dispose any property unless it is to meet necessary living expenses or to pay for a lawyer for the Divorce proceeding.
- Temporary Hearing - Once the Divorce case is filed, either party can ask the Court through written pleadings for certain relief on a temporary basis. Meeting with the judge to seek temporary action is called a “Temporary Hearing”. The Court’s relief is set forth in a “Temporary Order” and lasts until the parties settle the case on a permanent basis or the case is decided at trial.
- Venue – The particular County where the Divorce case will be filed. County procedures differ.
- Visitation – See Parenting Time
Definitions used in Minnesota Statutes
For the definitions of divorce-related terms which are used in Minnesota Statutes, see them at: link
