- Alimony: (Also referred to as Spousal Support or Maintenance): Financial payments made to help support a spouse or former spouse during a separation or following a divorce.
- Child Support: Money that one parent, usually the non-custodial parent pays to the other parent for their children’s support.
- Child Support Guidelines or CSSA (Child Support Standards Act): Guidelines established by the State that set forth a formula for determining child support based on a percentage of the income of both parents and the amount of time each parent spends with the children.
- Contested Divorce: A divorce action which is opposed by one of the spouses.
- Custody (Joint Legal): the rights and responsibilities of both parents to make together important decisions about their children’s health, education and welfare.
- Custody (Legal): The rights and responsibilities of a parent to make important decisions about the children’s health, education and welfare.
- Custody (Physical): Where the children have their primary residence.
- Custody (Sole Legal): The rights and responsibility of one parent to make important decisions about their children’s health, education and welfare.
- Divorce: Termination of a marriage by a court judgment.
- Equitable Distribution: Division of marital property in conjunction with the dissolution of a marriage and shared in an “equitable manner” taking into account the circumstances of the respective parties.
- Legal Separation: A signed separation agreement that contains all of the decisions made by the spouses and that can be used to file for divorce. Spouses who are legally separated can still benefit from each other‘s health insurance coverage and file taxes jointly but not get remarried.
- Marital Property: All property acquired by either spouse during a marriage, regardless of title, other than gifts from third parties and inheritances, and a portion of personal injury awards.
- Mediation: An alternate dispute resolution process under which the parties work with an independent and disinterested third party (the mediator) to reach an agreement. Unlike a trial, where each party puts on their entire case and the judge then issues a judgment after hearing all evidence, mediation allows for a continual give and take, with both parties having the ability to accommodate each other’s concerns during the entire process.
- Memorandum of Understanding (MOU): A written agreement prepared by a mediator reflecting all the decisions made by the separating spouses which will serve as a basis for the legal document used in a legal separation and divorce.
- Parenting Agreement: A written agreement which describes the type of custody arrangement between the parents, how decisions will be made regarding the lives of their children, as well as a detailed schedule of how they will share time with their children, weekdays, weekends, holidays and vacations.
- Parenting Time: Terms used to describe the time that either parent spends with his/her children.
- Post-nuptial Agreement or Post-Nup: A signed agreement written after the marriage which describes decisions made by the spouses regarding their property, present or future financial situation as well as any decisions they would want to see in writing on issues that are important to them. The pre-nup may also include decisions made by the parties regarding their future, during the marriage or in case of a divorce.
- Pre-Nuptial Agreement or Pre-Nup: A signed agreement written before the marriage which describes decisions made by the future spouses regarding the property that each party brings into the marriage in the case of a divorce. A pre-nup may also include any decisions made by the parties regarding their future, during the marriage or in case of divorce.
- Qualified Domestic Relations Order (Quadro or QDRO): A domestic relations order which is qualified to create an alternate payee’s right to receive a portion of the benefits from a participant’s retirement or pension plan.
- Separate Property: Property acquired prior to the marriage, as well as property that may have been acquired through inheritances or gifts from a third party, defined as separate under a written agreement as well as a portion of personal injury awards.
- Settlement Agreement: A formal, voluntary, written agreement on all of the issues surrounding a divorce. It must be formally signed and acknowledged.
- Spousal Support: Financial payments made to help support a spouse or former spouse during a separation or following a divorce.
- Uncontested Divorce: A divorce where both spouses have come to an agreement on all issues, including equitable distribution, custody, child support & maintenance.
- Visitation: The preferred term is Parenting Time as parents do not “visit” their children but spend time with their children.
If you have any questions or concerns about Mediation,
or would like to schedule a no fee mediation consultation,
please don’t hesitate to contact me today!
divorce and family mediator
phone: (212) 472-8626
divorce & family mediation,
upper east side of manhattan, nyc,
new york, ny