Navigating the family justice system when you decide to end a marriage can be stressful and confusing. It is best to learn as much as you can ahead of time, so that you can make informed decisions and understand the terminology you hear during legal proceedings. There are at least 10 (and probably many more) legal terms to know when you head for divorce court in Washington.
Every state has its own laws and guidelines for divorce issues, such as property division, child custody, alimony and more. However, there are legal terms and phrases that are common across the board. Understanding these words ahead of time can make proceedings a lot less stressful.
Understand these words before entering divorce court in Washington
The following list provides a basic overview of legal terms you are likely to hear as you navigate divorce proceedings in Washington:
- Affidavit: A sworn statement given to a notary public or court official
- Alternative dispute resolution: Methods of resolving legal issues without litigation, such as mediation or arbitration
- Community property: Assets owned jointly and equally in marriage
- Contested divorce: One of the spouses does not agree to the settlement
- Decree: The court’s written orders to finalize a divorce
- Default: Failing to respond to a formal petition or complaint
- Discovery: Sharing all information regarding assets and liabilities
- Ex parte: Judge hands down ruling with only one spouse present
- Guardian ad litem: Court-appointed adult who protects children’s interests
- Spousal maintenance: Another word for alimony or financial supplements one spouse provides for the other after a divorce
It’s important to understand these and other legal terms before negotiating a divorce settlement. Some of the terms are usually most relevant when there are extenuating circumstances. For example, a judge often issues an ex parte ruling when a spouse has requested a restraining order. The judge may appoint guardian ad litem in cases where there is alleged child abuse.
Do not hesitate to ask for clarification if you do not understand a legal term
Especially if it is the first time you’ve ever been through a divorce, you might hear several words or phrases that you don’t understand. It is always better to ask for clarification rather than move forward without full understanding, which, in some cases, could have a significant impact on your settlement. Many Washington spouses hire attorneys for this reason, to ensure that they fully understand everything that happens in court.