Legal Jargon
Want to make sense of complex legal terms? Check out our handy guide to legal jargon! Understanding these phrases is crucial to navigating your family law matters with clarity and confidence.
ACTION – A lawsuit or proceeding in a court of law.
ADOPTION – The legal process of permanently adding a child to a family through court approval.
ADULTERY – A ground for fault-based divorce, involving one spouse engaging in a sexual relationship outside of marriage.
AFFIDAVIT – A written evidentiary statement that is signed (under oath) before a notary public.
AGREED DIVORCE (a.k.a. “Uncontested Divorce) – Where both spouses are in agreement with all the issues (including property division, custody, visitation and child support) and are both willing to sign the forms necessary to finalize the divorce.
ALIMONY – Financial support paid by one spouse to the other after divorce or separation. Note: Texas law does not provide for court-ordered alimony, only spousal maintenance which is available in very limited circumstances.
ALLEGATION – A claim or assertion of fact made by a party in a legal proceeding.
ALTERNATIVE DISPUTE RESOLUTION (ADR) – Processes used to resolve legal disputes outside-of-court (i.e., not through traditional litigation systems), such as collaborative law, mediation, and arbitration.
AMICABLE DIVORCE NETWORK – An association of seasoned, licensed professionals who are dedicated to helping reasonable people navigate the process of divorce. All network members are vetted to ensure that they are leading experts in their areas of practice and have demonstrated a dedication to the Amicable Divorce Process. Network members provide expert advice and guidance while avoiding traditional, destructive litigation.
AMICABLE DIVORCE PROCESS – a civilized, transparent, and cost-effective alternative to traditional adversarial divorce litigation.
ANNULMENT – A legal proceeding in which a party seeks to have a marriage declared null and void, as though it never took place. If the annulment is granted, in the eyes of the law, the parties were never married. Note: Legal annulments are available only under very limited circumstances and are not the same as a religious annulment (which must be granted by religious authorities).
APPEAL – When a losing party requests that a higher court review the trial court’s decision. Note that a trial court has wide discretion, and to succeed at the appellate level, the party bringing the appeal will need to show that the trial court abused its discretion and that abuse of discretion either 1) caused the rendition of an improper judgment, or 2) “probably prevented the appellant from properly presenting the case to the court of appeals.”
ALTERNATE PAYEE – A spouse, former spouse, child, or other dependent of a member or retiree who is recognized by a domestic relations order as having a right to receive all or a portion of the benefits payable by a retirement system with respect to such member or retiree.
AMICUS ATTORNEY – An attorney appointed by the court to represent the best interests of a child during a custody dispute.
ANSWER – A written response to a legal petition, such as a petition for divorce or annulment.
ARREARAGE – A court-ordered payment that is overdue and unpaid.
ATTORNEY AD LITEM – An attorney appointed by the court to represent the wishes of the child (even if the child’s wishes conflict what may be in the child’s best interests), as he would for an adult client. The rules of confidentiality and undivided loyalty apply.
BAILIFF – An officer of the court who maintains order in the court. Bailiffs are trained to detect potential threats ad defuse tense situations. They are equipped with the knowledge and skills to keep the courtroom safe and maintain order, even in challenging circumstances.
BEST INTERESTS OF THE CHILD – The standard used by Texas courts when making decisions regarding cases involving conservatorship (i.e., custody) and possession (i.e., visitation) of a minor child. The specifics of how a judge should approach examining the best interest of the include the following, non-exclusive factors: (1) the desires of the child; (2) the emotional and physical needs of the child now and in the future; (3) the emotional and physical danger to the child now and in the future; (4) the parental abilities of the individuals seeking custody; (5) the programs available to assist these individuals to promote the best interest of the child; (6) the plans for the child by these individuals or by the agency seeking custody; (7) the stability of the home or proposed placement; and (8) the acts or omissions of the parent that may indicate that the existing parent-child relationship is not a proper one; and (9) any excuse for the acts or omissions of the parent.
BINDING AGREEMENT – An agreement between the parties that is signed by both of them, and is enforceable as a contract. Such agreements are often filed with the Court, to be later turned into a more detailed and specific enforceable court order.
CAUSE NUMBER – The number given to your case by the District Clerk’s office that specifically identifies your case. Also called the “Docket Number”.
CHILD ABDUCTION – The act of illegally removing a child from the custody of their legal guardian or parent.
CHILD CUSTODY – The legal and physical responsibility for a child’s care and upbringing.
CHILD CUSTODY EVALUATION – A comprehensive assessment of the parents and children conducted by a court-appointed evaluator in a contested custody case..
CHILD SUPPORT – Financial payments that one parent (the “obligor”) is ordered to pay to the other parent or intervenor who is granted the right to primary possession of the children (the “obligee”) for support of the minor children or disabled adult children.
CHILD SUPPORT ARREARAGE – An amount of child support that has been ordered but not paid.
CHILD SUPPORT ENFORCEMENT – Measures taken to ensure timely payment of child support, including wage garnishment and liens.
CHILD SUPPORT GUIDELINES – A formula used by Texas courts to determine the amount of child support that the state “presumes” is in the child’s best interest. Child support based on these guidelines is called “guideline child support.” While the Texas Family Code allows judges to adjust child support up or down from the presumptive guidelines amount, most judges follow the guidelines except in very unusual circumstances.
CHILD VISITATION – Court-ordered schedule for non-custodial parents to spend time with their children.
CITATION – The act of giving legal notice to the other side that you have filed your case, which is issued by the clerk’s office. The citation gives the time and date by which the party who has been served must file an answer, or risk having a default judgment taken against them.
COHABITATION AGREEMENT – A legal contract between two unmarried people who live together and are typically romantically involved.
COLLABORATIVE LAW – A method of alternative dispute resolution where all parties agree to work together an attempt resolve their disagreements without going to court. Each party hires his or her own collaboratively- trained attorney and everyone works together in a series of meetings to reach an agreement.
COMMON LAW MARRIAGE – A legally recognized marriage formed without a formal marriage license and ceremony but meeting certain criteria. While not all states recognize common law marriage, Texas does if the parties have filed a declaration of common law marriage with a county clerk or if all the following three elements are met: the spouses must have (1) agreed to be husband and wife, (2) lived together as husband and wife, and (3) held themselves out to others as husband and wife.
COMMUNITY DEBT – Debt that accrued during the parties’ marriage.
COMMUNITY PROPERTY – Assets and debts acquired during the marriage, considered jointly owned by both spouses. Texas is a “community property” state. This means that in most cases, property and money obtained during the marriage legally belongs to both spouses. This concept is important when it comes to the part of the divorce when property is divided up.
CONFIDENTIALITY ORDER – A court order that restricts the disclosure of sensitive information during legal proceedings.
CONSERVATORSHIP – A legal term for custody which encompasses determinations regarding where a child will live and the rights each parent will have to make decisions regarding the child. Conservatorship does notmean the amount oftimeeach parent will have with the child.
CONTEMPT – A finding that a party has failed to follow a court order. One side can request that the court determine that the other side is in contempt for failing to follow a court order, and punish him or her.
CONTESTED CASE – A case in which the parties involved in the case do not agree on what the outcome of the case should be. Contested cases require that both sides argue their position to explain why the law says that a judge should rule in his/her favor at a final trial (unless the parties agree to a settlement before trial).
CONTESTED DIVORCE – A divorce where spouses cannot agree on all issues, leading to court intervention.
CONTINUANCE – When a court hearing be removed from the court’s docket and rescheduled for a later date
COURT CLERK – The person who works for the judge assigned to your case. He or she receives court papers and assigns hearing dates.
COURT ORDER – A court order is a legal document signed by a judge. Parties to the case must comply with court orders or risk being punished by the court. An order can be based on what the parties agreed to, or on a Judge’s decision.
COURT REPORTER – Types and/or records a record of everything said during a court hearing. If requested, the court reporter will prepare a written record of the testimony for a fee.
CUSTODIAL PARENT – The parent with whom the child primarily resides after divorce or separation. A custodial parent typically receives child support from the non-custodial parent
CUSTODY – The Texas Family Code, does not use the terms “custody”, “primary custody” or “sole custody”. Instead it breaks up what most people think of as “custody” into two separate, but related, concepts: “conservatorship” and “possession”. “Conservatorship” refers to the decision-making rights a parent has over his or her child (for instance, the right to make educational decisions, or to consent to medical treatment). “Possession” refers to the times a parent is entitled to physical possession of the child.
CUSTODY AGREEMENT – A formal arrangement outlining the terms of child custody and visitation.
CUSTODY MEDIATION – A process where a neutral mediator helps parents negotiate child custody and visitation issues.
DECREE (A.K.A. DECREE OF DIVORCE OR FINAL DECREE OF DIVORCE) – The legal document signed by the judge that grants the divorce, terminated the marriage and describes the specific terms of the divorce. The decree formalizes and finalizes all aspects of the divorce with respect to the property division. If children are involved, the decree with all include a parenting plan to address conservatorship, possession, child support, health and dental insurance and other agreements related to the children.
DEFAULT – A party’s failure to timely answer a complaint, motion, or petition. If a party receives notice of a family law proceeding and fails to file the necessary responsive pleadings with the court, he or she is said to be “in default” and a default judgment can be taken by the other party. Being in default can have serious adverse consequences.
DEFAULT JUDGMENT – A ruling in favor of one party due to the other party’s failure to respond or appear in court When a person received a notice to appear at a court hearing, but did not appear, the court can enter a “default judgment.” Failure to appear means you will have no say in the outcome of the hearing.
DEPOSITION – A deposition is a discovery process where a person, under oath, answers questions pertaining to the legal matter outside of the courtroom. The questions are usually asked by the opposing attorney. Most depositions are recorded by a court reporter.
DISCOVERY – The process of gathering evidence and information the other party or third parties through various legal methods. Examples of discovery procedures permitted by the Texas Rules of Civil Procedure include requests for disclosure, requests for production, interrogatories (written questions) and depositions (questions which are usually in person and recorded).
DISSOLUTION – The legal termination of a marriage through divorce or annulment.
DISTRICT CLERK – An elected office that is responsible for maintaining the official court records for the county. The District Clerk’s office receives all court papers and keeps the divorce files.
DIVORCE – The legal end of a marriage relationship.
DIVISION OF DEBTS – The allocation of marital debts between divorcing spouses.
DOCKET NUMBER – The number given to your case by the District Clerk’s office that specifically identifies your case. Also called the “Cause Number”.
DOMESTIC PARTNERSHIP – A legal relationship between unmarried partners, providing some rights and responsibilities.
DOMESTIC RELATIONS ORDER – Any judgment, decree, or order, including approval of a property settlement agreement, which relates to the provision of child support, alimony payments, or marital property rights to a spouse, former spouse, child, or other dependent of a member or retiree, and is made pursuant to a domestic relations law, including a community property law of the State of Texas or of another state.
DOMESTIC VIOLENCE – Abusive behavior within a family or household.
DUAL ROLE ATTORNEY – An attorney appointed in a suit to represent both the child’s wishes and the child’s best interest.
EMANCIPATION – The legal process by which a minor gains independence from their parents or guardians.
EMPLOYER’S ORDER TO WITHHOLD – A court order to deduct child support payments from someone’s employment wages. All child support court orders must include an Employer’s Order to Withhold.
EQUITABLE DISTRIBUTION – The division of property and assets in a fair, but not necessarily equal, manner during divorce.
EQUITABLE ESTOPPEL – A legal principle preventing a person from denying their prior representations or actions.
EVIDENCE – Proof given to the court.
EX PARTE – A court proceeding involving only one party, often without notice to the other party.
EXPANDED STANDARD POSSESSION ORDER – Texas law allows the noncustodial parent (possessory conservator) to request a different beginning and ending pickup time for the Standard Possession Order. The noncustodial parent can choose to pick up the child when the child’s school is regularly dismissed, and to end when the child’s school resumes. This replaces the 6:00 p.m. start and end times. The noncustodial parent must make this choice before the order is finalized. The choice (called an election) must be made in a written document filed with the court, or spoken aloud by the noncustodial parent to the judge in open court and results in what is referred to as an Expanded Standard Possession Order. .
EXPERT WITNESS – A professional, such as an appraiser, mental health professional, accountant, etc., with specialized knowledge who provides testimony in court.
FAMILY VIOLENCE PROTECTIVE ORDER – A court order protecting family members from domestic violence.
FAMILY COURT – A court that handles cases related to family and domestic matters.
FAMILY LAW – The area of law that deals with legal matters relating to families and domestic relations.
FAMILY VIOLENCE – Acts of violence, abuse, or harassment within a family or household.
FAULT DIVORCE – A divorce which is granted based on one of more of the following specific “fault” grounds set forth in the Texas Family Code: (1) adultery, (2) abandonment, (3) living apart, (4) felony conviction, (5) mental incapacitation, or (6) cruel treatment, either physical or mental.
FIFTY/FIFTY POSSESSION ORDER – A possession order that gives both parents equal parenting time.
FILING – The act of submitting your prepared legal documents to the District Clerk’s office (and paying a filing fee when required).
FILING FEE – An amount of money you must pay to the court to begin your court case, which depends on the county where the case is filed and the type of case.
FINANCIAL AFFIDAVIT – A sworn statement detailing a party’s financial situation, often required in divorce cases.
FULL FAITH AND CREDIT – The legal principle requiring states to honor court orders from other states.
GARNISHMENT – When one parent’s support payment is automatically deducted from the obligor’s support check and delivered to the oblige.
GEOGRAPHIC RESTRICTION – Usually, the managing conservator (custodial parent) is given the right to decide where the child will live. In most cases, the court will limit this right by restricting the location of a child’s primary home to a certain geographic area, most often the county where the divorce is filed and the counties that border it. This is called a geographic restriction. It is put into an order so that both parents can be involved in a child’s daily life.
GRANDPARENT VISITATION – Legal rights of grandparents to visit their grandchildren under specific circumstances. Grandparents’ visitation rights are very limited under Texas law and require a showing that the child’s biological parents are not
“fit”.
GUARDIAN AD LITEM – A person appointed by the court to represent the best interests of a child during a legal proceeding.
HEARING – A proceeding taking place before a court where testimony is given and arguments are heard. In family law cases, hearings are held to determine temporary orders and procedure matters.
HEARSAY – A witness’ testimony of another person’s words, which is generally disallowed and not allowed to be considered as evidence in a court hearing or trial.
HIGH-CONFLICT CASE – a suit affecting the parent-child relationship in which the parents demonstrate a pattern of going back to court, anger and distrust between each other, difficulty in communicating about and cooperating in the care of their children or other behavior that concerns the judge. A high-conflict case may be a reason for the judge to appoint a parent coordinator.
INCOME WITHHOLDING ORDER (IWO) – Most child support orders require child support to be automatically withheld from the noncustodial parents paycheck. The money goes through the Texas State Disbursement Unit, which records the amount paid by the obligor, and transfers the funds according to law to the child support obligee
INJUNCTION – A court order prohibiting a party from taking certain actions.
INSUPPORTABILITY – Also known as a “no-fault divorce”, it means simply that one spouse no wants neither party wants the marriage to continue and does not think that the marriage can be saved.
INTERROGATORIES – Written questions sent by one party to the other in the discovery process.
INTERVENOR – A third party who intervenes in a lawsuit seeking relief from the Court.
INVENTORY & APPRAISEMENT – A list of all real and personal property as well as debts and liabilities claimed by each spouse
JOINT CUSTODY – Shared responsibility for childcare and decision-making after divorce.
JOINT MANAGING CONSERVATORSHIP – Also known as Joint Custody. A court order stating both parents have equal rights and duties to make decisions regarding the child.
JUDGE – The person who hears and makes the final legal decision in your divorce.
JUDGMENT – A court’s decision.
JURISDICTION – The court with jurisdiction over a case has the authority or power to hear a case and make decisions about the people involved in the case.
JUST AND RIGHT – This is the standard for division of property in a Texas divorce. Just and right means equitable under the circumstances involved, not necessarily 50/50.
KINSHIP CARE – Kinship care refers to the care of children by relatives or, in some jurisdictions, close family friends (often referred to as fictive kin). Relatives are the preferred resource for children who must be removed from their birth parents because it helps maintain the children’s connections with their families, increases stability, and overall minimizes the trauma of family separation.
LEGAL SEPARATION – A formal separation of spouses without terminating the marriage. Note that legal separation is not recognized in Texas. However, the parties can enter into a post-marital agreement should they desire.
LIMITED SCOPE REPRESENTATION (also known as ”unbundled” legal services). A way for a person to be able to afford legal help by limiting the amount of work an attorney does for them. In a limited scope arrangement, the attorney and client agree that the attorney will only perform certain limited tasks for the client. The remainder of the tasks and responsibilities in the case remain the sole responsibility of the client.
Litigation – The act, process, or practice of settling a dispute in a court of law.
MANAGING CONSERVATOR – The parent who has the legal right to determine the primary residence of the child. Also known as Custodial Parent, Primary Conservator or Primary Joint Managing Conservator.
MARITAL PROPERTY – Assets acquired during the marriage which are subject to division upon divorce.
MARITAL PROPERTY AGREEMENT – Also known as a Partition Agreement, Partition and Exchange Agreement or Postnuptial Agreement. A signed, written contractual agreement entered into by spouses during the marriage establishing each party’s property rights with respect to some or all of the assets and debts.
MARITAL SETTLEMENT AGREEMENT – A written contract between spouses outlining terms of divorce settlement.
MEDIATION – Mediation is a confidential, problem-solving process in which a neutral, skilled third person, the mediator, helps the parties communicate and negotiate a voluntary agreement. The mediator does not decide how the dispute should be resolved. The mediator helps the parties (you and the other parent) develop agreements that are satisfactory to all parties. Mediation can help parents and other caregivers, including grandparents and stepparents, iron out differences and get back to the business of raising a healthy and happy child.
MEDIATED SETTLEMENT AGREEMENT – A written contract between parties to a lawsuit signed during mediation outlining terms of divorce settlement which is binding on both parties even if they later change their mind.
MINOR – A person under the age of majority (18 years old in Texas).
MODIFICATION – A change to court orders regarding child custody, support, or visitation.
MODIFICATION OF CUSTODY – A change to an order related to child custody arrangements.
MODIFICATION OF SUPPORT – A change an order related to child support or spousal support payments.
MORALITY CLAUSE – A provision in a divorce decree of SAPCR order prohibiting a parent from engaging in certain behaviors in their private lives, such as cohabiting or having overnight guests of the opposite sex in the presence of their child(ren).
MOTION – A motion is a written, legal document filed with a clerk of a court asking the judge to make a ruling and take some sort of action.
MOTION TO MODIFY – The type of lawsuit in which a party requests that the court change a previous order regarding conservatorship, child support or other provisions contained in the previous orders
NEGOTIATIONS – Out-of-court attempt to reach an agreement.
NO-CONTACT ORDER – A court order prohibiting contact between parties in a family law case.
NO-FAULT DIVORCE – The most common type of divorce in Texas, where the divorce granted on the basis of irreconcilable differences (i.e., neither party needs to prove that party is at “fault” and caused the marriage to end).
NON-BINDING – A process where no specific result is forced on the parties. There is no penalty if the parties are unable to come to an agreement.
NON-CUSTODIAL PARENT – The parent that does not have the legal right to determine the primary residence of the child.
NOTICE OF HEARING – A legal document that notifies a party to a lawsuit of the time, date, and place of a hearing that is scheduled in the case.
OBLIGEE – The person designated in the court order to receive child support. This is the custodial parent, or CP.
OBLIGOR – The person designated in the court order to pay child support. This is the noncustodial parent, or NCP.
Office of the Attorney General – Child Support Division (a.k.a. the “OAG”) -The official public child support agency for the state of Texas.
OAG Number. A nine digit number that is assigned by the Child Support Division of the Office of the Attorney General to a child support case. Note that the OAG Number is not the same as the cause number which is assigned to a case by the District Clerk’s office when the case is first filed.
PARENTAGE – Establishing legal paternity or maternity of a child.
PARENTAL ALIENATION – When one parent manipulates a child’s feelings or behavior to distance them from the other parent.
PARENTAL RELOCATION – A request to move a child’s residence to a different location.
PARENTING COORDINATOR – A neutral trained person, who does not have an interest in the case, appointed by the court to help parents in resolving parenting conflicts related to their court order in a suit affecting the parent-child relationship or divorce decree. A parenting coordinator is not required to testify about communications the coordinator had with the parties.
PARENTING FACILITATOR – A neutral trained person, who does not have an interest in the case, appointed by the court to help parents with parenting conflicts related to their court order in a suit affecting the parent-child relationship or divorce decree. A parenting facilitator may be required to testify about communications with the parties, the basis of the recommendations, and the parties’ compliance with the recommendations.
PARENTING PLAN – A detailed arrangement outlining parental responsibilities and custody after divorce.
PATERNITY SUIT – A legal action to establish the father-child relationship.
PERJURY – Deliberately lying or giving false testimony under oath.
PETITION – The initial legal document that starts a divorce or other family law case and states, in general terms, the relief that is being requested by the Petitioner.
PETITIONER – A person who files a Petition starting a legal action.
POSSESSION AND ACCESS – Possession is the court’s word for parenting time. Many call it visitation, parenting time, or possession. “Possession” of your child means you can see the child in person and decide where the child goes. It is your time with your child. “Access” means that you can interact with your child by phone, text messages or by Face Time, Skype, or other social media. You also can attend your child’s extracurricular activities and have access to your child’s school or medical and dental records.
POSSESSION ORDER – A possession order may be a temporary or final court order, authorized by Texas law, that sets out the periods times the child will spend with each parent. The order may be included in your Decree of Divorce, or if you were not married, a Suit Affecting the Parent-Child Relationship (SAPCR”) Order.
POSSESSORY CONSERVATOR – Also known as noncustodial parent or non-residential parent.
POSTNUPTIAL AGREEMENT – A contract between spouses outlining financial and property arrangements after marriage.
PRENUPTIAL AGREEMENT – A contract entered into by spouses before marriage, outlining property division and support in case of divorce.
PRIMARY RESIDENCE – The main residence of a child after divorce or separation.
PRO SE – A term used to refer to someone who has not hired an attorney and is representing themselves.
PROTECTIVE ORDER – A court order protecting an individual from harassment, abuse, or violence.
PARENTING PLAN – A temporary or final court order that sets out the rights and duties of parents in a suit affecting the parent-child relationship and includes provisions relating to conservatorship, possession of and access to a child, child support, and in some cases, a dispute resolution process to minimize future disputes.
PARTIES – The husband and wife, and anyone else who has filed a court appearance in a divorce or other lawsuit.
PATERNITY – A court finding that a certain person is legally the father or mother of the child.
PETITIONER – The person who files for the divorce, and starts the divorce process by filing a petition for divorce with the court.
POSSESSION ORDER – Also known as “visitation” or “access.” A court order stating the specific days and times a noncustodial parent may spend time with the child.
PRIMARY CONSERVATOR – The parent who has the legal right to determine the primary residence of the child. Also known as Custodial Parent, Managing Conservator or Primary Joint Managing Conservator.
PROCESS SERVER – A person approved by the court who gives official legal notice to another person by giving him/her an official copy of a court document.
PRO SE – A party that is representing themself on court without an attorney.
PROVE-UP HEARING – A short hearing to finalize an uncontested divorce or other agreed family law matter where one (or both) parties appear before the judge and give brief testimony supporting the granting of the agreed to relief.
PROVE-UP AFFIDAVIT OR DECLARATION – A written statement signed by a party to a divorce or other agreed family law matter, which is allowed by many judges in lieu of a court appearance at a prove-up hearing.
PSYCHIATRIC EVALUATION – A court ordered evaluation of a person involved in the lawsuit. The evaluation is conducted by a psychiatrist who will provide a written report to the court.
PSYCHOLOGICAL EVALUATION – A court ordered evaluation of a person involved in the lawsuit. The evaluation is conducted by a licensed psychologist who will provide a written report to the court.
QUALIFIED DOMESTIC RELATIONS ORDER (QDRO) – A court order dividing retirement benefits in a divorce.
RECIPROCAL ENFORCEMENT OF SUPPORT ACT (“RESA”) – A law facilitating the enforcement of child support orders across state lines.
RESET – A rescheduling of a court hearing for a new date in the future.
RESPONDENT – The party who responds to a divorce or family law case initiated by the Petitioner. The respondent is the spouse who was not the one to file the suit for a divorce. They can file an answer, a counter-petition, or do nothing when served with divorce papers.
RESTRAINING ORDER -A court order limiting certain actions or contact between parties in a family law case.
RETROACTIVE CHILD SUPPORT – Child support that was not previously ordered, but that a noncustodial parent or obligor may be required to pay AS IF he or she had been ordered to pay. Retroactive child support can usually go back until the day the child was born, separation date, or four years from the date child support is ordered, whichever is shorter.
RETURN OF SERVICE –An affidavit signed by a sheriff or official process server stating the date and time he or she provided legal notice to the other party, or the reason as to why he or she was unable to provide legal notice to the other party. The return is filed with the court.
RIGHT OF FIRST REFUSAL – A clause in a court granting a parent the option to care for the child before the other parent seeks outside care.
SEPARATION AGREEMENT – An agreement outlining terms of separation without divorce.
SEPARATE PROPERTY – Property that a spouse owned prior to the marriage, or acquired by gift or inheritance during the marriage.
SERVICE– The legal method for giving notice to the other party.
SERVICE OF PROCESS: The formal delivery of a petition, writ, summons, or other legal papers to the person required to respond to them. Every person on the receiving end of a lawsuit filed in Texas, including all divorce actions, is entitled to personal service of a copy of the original filing.
SETTLEMENT – An agreement reached between the parties.
SOLE MANAGING CONSERVATORSHIP – Also known as sole custody, or custodial parent. A court order stating one parent has the exclusive right to make certain decisions rights and duties regarding a child.
SPOUSAL MAINTENANCE – Money a Texas court requires one spouse to pay to the other spouse for support after the divorce is granted.
SPOUSAL SUPPORT – Financial support paid from one spouse to another while the divorce action is pending.
SHARED CUSTODY – A custody arrangement where both parents have significant time with the child.
SOLE MANAGING CONSERVATORSHIP (“SMC”) – Also known as noncustodial parent or non-residential parent. A sole managing conservatorship awarded certain exclusive rights and duties (decision-making power) over a child, to the exclusion of the other parent, who is referred to as the possessory conservator.
STAIR STEP-POSSESSION PLAN (a.k.a. a “graduated plan” or step-up plan”) – A type of possession schedule that starts with the non-custodial parent’s time being more limited than it would be under a Standard Possession Order and gradually increases (either once the child becomes older or certain other conditions are met) before moving to the SPO schedule.
STANDARD POSSESSION ORDER (“SPO”)– A specific possession schedule designed by the Texas Legislature, set forth in the Texas Family Code and found to be in the best interest of the child or children in a divorce or other suit affecting the parent-child relationship in most circumstances. Texas Family Code presumes the visitation set forth in the SPO is the minimum amount of parenting time (possession) that should be awarded to the non-custodial parent, unless evidence is presented to the court showing why entry of a SPO be in a child’s best interest,
STANDING ORDER -A Standing Order is a set of rules established by the judges of certain (but not all) Texas counties that go into effect as soon automatically in any divorce case or suit affecting the parent-child relationship filed in that county, and which must be attached to the original petition filed in the case. They are a form of temporary restraining orders, which prohibit either party from doing certain things and requires them to in order to maintain the status quo while the case is pending. Standing orders generally cover three areas: the parties’ children, their behavior, and their property.
STATE DISBURSEMENT UNIT (the “SDU”) – The SDU is monitored by the Attorney General’s office and is responsible for processing child support payments in all cases in Texas, whether or not the Attorney General’s Office is providing services.
STATUS CONFERENCE – A status conference allows the parties to update the court on what has occurred following the filing or the parties’ last appearance in court.
STEP-PARENT ADOPTION – The process of a stepparent adopting their spouse’s child from a previous relationship.
SUBPOENA – A form issued by the court requiring someone to appear in court and/or bring documents to a court hearing.
SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP (“SAPCR”) – A SAPCR is a lawsuit brought under Title 5 of the Texas Family Code action to establish parental rights and responsibilities.. A SAPCR results in a court order that states which parent will determine where the child will live; both parents’ rights and responsibilities; and the time the child will spend with each parent. The SAPCR also sets child support and medical support. It does not divide property or debt, or dissolve a marriage.
SUIT FOR POSSESSION OR ACCESS – A legal action to request visitation rights.
SUIT TO ENFORCE POSSESSION OR ACCESS – A legal action to enforce court-ordered visitation rights.
TEMPORARY MUTUAL INJUNCTION –A common order contained in Temporary Orders in a divorce that prohibits the parties from destroying or transferring any community property, incurring further debts, and from any type of harassment to the other party or the child.
TEMPORARY ORDERS – Court orders that control during the pendency of a divorce. Temporary orders may address any issues that need to be dealt with while a divorce is pending, such as custody, visitation, child support, use of property, responsibility to pay debt and payment of attorney’s fees.
TEMPORARY RESTRAINING ORDER (“TRO”)– A common order at the beginning of a divorce that prohibits the other spouse from doing anything to transfer or destroy the property of the marriage or to cause harassment to the other spouse or the child.
TERMINATION OF PARENTAL RIGHTS – A court order permanently ending a parent’s rights and responsibilities as a result of specific set grounds set forth in the Texas Family Code. A contested termination of a parent’s rights is never easy, and occurs only in the most egregious of circumstances after careful consideration by the Judge of the court to which a case is assigned.
TRIAL – The final hearing in a court action where the parties to the lawsuit present evidence and arguments for the judge to use in making its final decision.
UNCONTESTED DIVORCE – A proceeding where both spouses agree to divorce, and are in there are no issues for the court to decide about the children, money, or property. Uncontested divorces are usually much simpler and faster than contested divorces.
UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (“UCCJEA”) – A uniform law governing child custody jurisdiction between states.
UNIFORM INTERSTATE FAMILY SUPPORT ACT(“UIFSA”) A uniform law governing the establishment, modification and enforcement of child support orders within the United States.
VENUE – The court where a case is heard. In Texas, the proper venue for a divorce action is usually in a district court if the county where divorce is filed has a district court.
VISITATION – Court-ordered periods of possession between a party to a family law action and a child.
WAIVER OF CITATION – A document commonly used in uncontested divorces to avoid the necessity of service of citation on the Respondent through a by a process server. The Respondent can waive their right to be personally served with a copy of the divorce lawsuit by signing a document called a Waiver of Citation. The Waiver of Citation states that the Respondent accepts legal accepts legal notice of the Petition without an official process server or sheriff or constable giving it to him and is filed with the court in lieu of a return of citation. Because a waiver of service can contain additional clauses that will affect a party’s rights in relation to the divorce, it is not advisable to sign a waiver of service without first consulting with a lawyer.
WAIVER OF SERVICE – Another name for a Waiver of Citation.
WITHHOLDING ORDER – A court order requiring an employer to deduct child support from an employee’s wages.
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