Divorce Terms

Just like any other profession, the legal profession has its own terminology. To those who use such terminology on a day-to-day basis it becomes second nature; however, to others such terminology can be confusing and overwhelming. Unless your job requires you to sift through legal contracts or you are actually reading the Terms and Use Agreement that pops up every time you try to download a new app, it is unlikely that you are confronted with legal jargon on a day-to-day basis. However, this will change with the commencement of a divorce. In order to fully understand the divorce process, as well as your rights and remedies at law, you will need to know key words and phrases. To assist you in becoming fluent in divorce terminology, the offices of Jay D. Raxenberg, P.C. have compiled the following list of divorce phrases.

Irretrievable breakdown of the marriage: New York State is no longer a fault-based state when it comes to divorce, meaning you no longer have to prove that your spouse was unfaithful, or mistreated you in order to obtain a divorce. Instead, all you have to demonstrate is that there was an “irretrievable breakdown of the marriage” for a period of at least six (6) months. Simply put, this means that you must demonstrate that your relationship is beyond repair.

Summons: A summons is a short, standardized document. When filed with the court, a Summons serves to commence your divorce proceedings and when served upon your spouse a Summons serves to provide him/her with notice that you have filed for divorce.

Automatic Orders: Automatic Orders are contained in your Summons and restrain both you and your spouse from engaging in certain conduct that would harm one another or lay waste to the marital estate.

Statement of Net Worth: A Statement of Net Worth will be among the first documents you encounter in a divorce. At first glance it appears overwhelming; however, in actuality, it is nothing more than a detailed worksheet outlining your income, expenses, assets and liabilities.

Equitable Distribution: Despite common misconception, a divorce does not necessarily result in the equal division of all assets and liabilities. Instead, a divorce seeks to achieve the equitable, or fair, distribution of all assets and liabilities.

Monied Spouse: Oftentimes, one spouse earns significantly more than the other spouse. In these circumstances, the spouse who earns more is deemed the “monied spouse.”

Spousal Maintenance: Spousal maintenance (previously referred to as “alimony”) is intended to support the non-monied spouse while he/she is rehabilitated back into the workforce. Spousal maintenance is formulaic, although it is subject to the judge’s discretion or an agreement between the parties.

Stipulation of Settlement: An agreement entered into whereby the parties’ divorce is settled according to their agreed upon terms. A Stipulation of Settlement can globally resolve the entire divorce, or just those issues upon which the parties can agree.

Preliminary Conference: If the parties are going to avail themselves to the court then there will be a preliminary conference at which time the parties and their respective attorneys will create a road map of the litigation (e.g., set the parameters and deadlines for discovery, etc.). It is worth noting that parties to a divorce must appear in Court at every appearance, unless directed otherwise. Following a preliminary conference there will be a status conference roughly every thirty (30) days until the matter is resolved or goes to trial.

Pendente Lite: At the outset, the non-monied spouse is likely to file for pendente lite relief or, simply put, for temporary relief. A pendente lite (pronounced pen-den-tay, lee-tay) application can address everything from the payment of expenses and support to the designation of parenting time. Ultimately, pendente lite relief is intended to get the parties through the process of the divorce until they achieve final resolution/judgment.

Of course, a skilled attorney will be able to explain these terms, and many others, to you in great detail so that you are well informed and prepared to engage in your divorce proceeding. These are subjects that Jay D. Raxenberg, P.C. has gained a great deal of experience in over the last two decades in Supreme and Family Court in the tri-state area. Mr. Raxenberg has extensive training, knowledge and experience in this area of the law and is dedicated to providing exceptional compassionate legal representation to all of his clients. Please call (516) 491-0565 or toll free at (888) 543-4867 to arrange your initial complimentary consultation.