Legal Lingo for your Divorce Matter

October 21, 2024 | By Hayley N. Purcell Sinkler

As lawyers, we essentially learn how to speak a completely different language that sounds like gibberish to the average person. While we always make an effort to keep you informed and explain all aspects of your case, there are some words or phrases you may hear that are not immediately familiar. Below please find a list that may help you follow along as we work through your divorce matter:

  • Grounds – The legal reason for ending your divorce. Most commonly in Pennsylvania, parties will file for “No-Fault” divorce asserting that there are irreconcilable differences between them. While “Fault” based divorce still exists in Pennsylvania, it is almost never used and only in limited situations.
  • 3301(c) – Refers to a “consent” based divorce. Where the parties agree there are irreconcilable difference and would like to be divorced, grounds for divorce for a consent base divorce can be established ninety (90) days after service of the Divorce Complaint.
  • 3301(d) – Refers to a “non-consent” divorce. Where one party is not willing to consent to the divorce for some reason, grounds for divorce are established one (1) year from the date of separation.
  • Divorce Complaint – A legal document that initiates a divorce.
  • Date of Separation – The date the parties commence living separate and apart and no longer hold themselves out as a married couple. Under Pennsylvania law, you can still reside in the same residence while living separate and apart. Date of Separation is particularly important for (1) establishing the value of marital property and (2) establishing the beginning of the 1 year waiting period for a “non-consent” divorce.
  • Equitable Distribution – The legal principal for dividing assets and/or debts between divorcing spouses. The goal is to achieve a fair and equitable division of property. It is important to note that equitable is not the same as equal, meaning that one spouse may end up with a larger percentage of the marital estate.
  • Equitable Distribution Factors – Under Pennsylvania law, there are 11 case specific factors that a court needs to consider in relation to the distribution of property. These factors include elements such as the length of the marriage, the earnings or earning capacity of each party, the separate assets of each party, etc.
  • Divorce Decree – A court order that legally ends a marriage.
  • Interrogatories – Written questions as part of the discovery process that must be answered.
  • Requests for Production of Documents – A written list of documents, files, or other items that must be provided as part of the discovery process.
  • Stipulation – A formal agreement between parties in a legal proceeding.
  • Subpoena – A legal document that requires a person or entity to provide documents or testimony. Subpoenas are typically used to gather information from people or entities who are not a party to the case (a bank, a hospital, etc.)
  • Family Master/Hearing Officer – A court officer who presides over certain stages of family court cases and assists judges with settlement conferences and hearings.
  • Property/Marital Settlement Agreement – A legally binding contract between spouses that outlines the division of marital property, financial responsibilities, and other related matters upon divorce. It can also address other matters such as child custody, child support, and/or alimony.
  • Qualified Domestic Relations Order (“QDRO”) – A court order that directs a retirement plan administrator to pay a former spouse a portion of a participant’s benefits. This is required to transfer certain retirement plans without triggering adverse tax consequences.
  • Exclusive Possession – A court order that gives one spouse the right to live in the marital residence or other piece or real property while the other spouse is not allowed to return. The home is still considered a marital asset and will be distributed between the spouses as a later date.
  • Praecipe – A document that requests the court perform an act. For example, in family matters we typically file a Praecipe for a Divorce Decree, which tells the court that the parties have completed everything they need to be legally divorced and we are asking the court to declare them so.
  • Motion/Petition – A formal request made to the court in order to obtain a specific ruling, relief, order, or judgement.
  • Contempt – When someone disobeys a court order. For example, if one party was supposed to pay the other party money pursuant to a property settlement agreement and failed to do so, the aggrieved party can request the court hold them in contempt and require them to comply with the agreement.

For further guidance or information on this topic, please set up a consultation with a member of our Family Law team.


The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.

About the Authors

Hayley N. Purcell Sinkler

Associate

Hayley is a Doylestown-based family law attorney, who handles all aspects of domestic relations matters, including divorce, custody and visitation, child support, property division, protection from abuse, as well as family law...

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