Glossary

Separate property is property that is acquired before marriage or after separation or property that is acquired during marriage through gift, bequest or devise. The other spouse generally has no interest in the separate property of a spouse. There are several exceptions to the rule of separate property. The most significant and most commonly litigated exception is businesses that are acquired before marriage but appreciate in value during marriage because of the energy, skill and time of a spouse. In these instances a community property interest develops in the business. A forensic accountant is typically needed to value the business and apportion the community and separate property interests.

The date of separation for divorces or registered domestic partnerships is when one spouse (or both) or one partner (or both) decides that the marriage or partnership is over and takes some actions to show this (like moving out of the house). Parties become separated when there is a complete and final break of the marital relationship. The Courts have set forth a variety of tests to determine separate date, including one case that found that parties must be living in separate residences to be separated. Determining the separation date has a significant impact upon property division and spousal support.

The delivery of legal papers to the opposing party. The papers must be delivered by an adult aged 18 or older that is not involved in the case and that swears to the date and method of delivery to the recipient.

An agreement reached among the parties that resolves the case at any time before a judge’s decision in the case.

In a dissolution, legal separation, or annulment of marriage or domestic partnership, a stipulated judgment will often include a settlement agreement. A settlement agreement is a written contract between you and your spouse or domestic partner that contains detailed legal wording about how the issues in your case will be handled. It is usually used when there are complicated issues of property, debt, support, or custody that need to be set out in the judgment.

Spousal support is the obligation of a spouse to provide financial support to the other spouse. There are two types of spousal support: temporary or pendente lite spousal support and permanent spousal support. The purpose of temporary spousal support is to maintain the status quo until Trial and is typically determined by reference to each party’s incomes. Permanent spousal support is determined by balancing several different factors, including the standard of living enjoyed during the marriage, each party’s income, the length of the marriage and the ability of the obligee spouse to be self-supporting. The length of a spousal support obligation is determined by reference to the length of the marriage. The public policy of the state is for a spouse to be self-supporting within half the length of the marriage, however where a marriage is longer than 10 years, spousal support may continue for life.

The court may order temporary spousal support by one spouse to support the other spouse pending a divorce or legal separation. Temporary spousal support is based on a computer support program.

Spousal support may continue after the conclusion of the divorce, depending on factors outlined in § 4320 of the California Family Code. This type of spousal support is often referred to as permanent spousal support. In awarding permanent spousal support, the judge must consider many factors, such as: each party’s income and earnings; earning capacity; age and health of the parties; obligations and assets of each party; duration of the marriage; needs of each party based on the standard of living established during the marriage; education, job skills or occupation of each party, etc.. The computer support program used in setting temporary spousal support is not used in assessing a permanent spousal support award. If obtaining accurate and complete information is challenging, formal discovery is an option.

Spousal support is awarded in addition to any child support.

A unit within each state’s child support enforcement agency that locates noncustodial parents to establish and enforce child support obligations, visitation, and custody orders or to establish paternity.

An agreement between the parties to a case that settles a case. For example, if you and your spouse agree on all the matters about your divorce, you can submit a stipulated judgment to the court. The stipulated judgment must be signed by both you and your spouse, and will list your agreements about the division of property and debts, child and spousal support and child custody and visitation. Once the stipulated judgment is signed by the judge, it becomes the judgment in your case.

A voluntary agreement between opposing parties and / or their attorneys.

Commonly used to describe when a judge does something without being asked to by either party in a case; from the Latin for “of one’s own will.”

An official order to go to court at a stated time. Subpoenas are commonly used to tell witnesses to come to court to testify in a trial.

An official court order to bring documents or records to a stated place at a stated time.

A notice to a defendant or respondent that an action against him or her was filed in the court issuing the summons and that a judgment will be taken against him or her if the defendant or respondent doesn’t answer the complaint or petition within a certain time.

The trial court in each county of the State of California. This court hears all adoption, family law, juvenile, criminal, civil, small claims, and probate cases.

A court order for the support of a child, spouse or domestic partner. A support order can include monetary support; health care; payment of debts; or repayment of court costs and attorney fees, interest, and penalties; and other kinds of support.