Conversation Starters Here's another serious conversation topic. You can get a lot of speaking practice by asking good follow-up questions, so don't worry if you don't answer all of these questions! 1. Do you know anyone who has gotten divorced? 2. Is divorce increasing in your country? 3. Why do you think there is more divorce in some countries than in others? 4. What are the main causes of divorce, in your opinion? 5. Do you think unhappy couples who are parents should stay together "for the children"? 6. What do you think the effect of divorce is on children? 7. Would you date someone who has already been married and divorced? Discussion Questions Now come the tougher discussion questions! Take your time in answering and you will have great English conversations! 1. What can married couples do to try to avoid a divorce? 2. Do you think marriage counseling can help unhappy couples stay together? Why or why not? 3. Would you ever consider getting a divorce or would you stay married "til death do you part"? 4. How should a couple's belongings be divided after a divorce? Should it be 5050, or should the wife get more? 5. Do you think divorce would be less common if couples lived together before marriage The bar charts show the amountof marriagesand divorces in the USA from 1970 to 2000, and the percentage of the marital status of adult Americans in 1970 and 2000. Overall, the number of marriagesslightly dropped and the number of divorces was around a half of the number of marriages. When comparing the marital status in 1970 and 2000, the percentage of married and widowed were decreasing, whereas the percentage of the never married and divorced were increasing. The amount of people who were marriages in 1970 and 1980 were staying constant at 2.5 million people, after that it slightly dropped to 2 million people in 2000. The amount of divorces started at 1 million people in 1970 and it increased to nearly 1.5 million people in 1980, and then it slightly dropped to 1 million people in 2000. When comparing the proportion of marital status in 1970 and 2000. The married fallen from 70% to nearly 60% and the widowed was decreasing around 1%. On the other hand , the never married and the divorced increased from around 15% to 20% and from around 2% to nearly 10% respectively. In some parts of the world, the rate of divorce has increased dramatically over the past few decades. Explain some possible reasons for this problem and suggest some solutions. Model Answer: In many countries, divorce has reached epic proportions, and this has caused many social issues. This essay will first discuss how gender equality and domestic violence are the primary causes of this grave problem, followed by a discussion on how conjugal appreciation and understanding are the most effective solution to this problem. One cause of the rise in the divorce rate is women empowerment. Women today have a strong presence in the workforce, so they no longer depend on their spouses in order for support. This independence encourages them to end an unhappy marriage. As a recent study exposed nations with more women in their labour market, receiving good salaries, the divorce rate is high. Similarly, in households where the woman earns more, divorce is also common. The risk of divorce rises by 37% when wives earn more than husbands and many recent surveys affirm that ego plays a vital role in this. Another reason, which is as strong as women empowerment, is domestic violence. In simple words, when married couples have frequent fights and quarrels, they are prone to lose respect for each other. Such violence tends to end the relationship in the long run. The best solution to this problem of divorce is to honour and respect the partner. People tend to change over the course of time. Appreciating, understanding, and adapting to those transformations are crucial for any relationship. In fact, people should spend quality time with their partners so that they can understand each other and thereby bridging the gap between them. This, in turn, contributes to the healthiness of the relationship. In addition to this, appreciation is another effective antidote for divorce. A couple that compliments each other on daily basis for small and big things eventually promotes a culture of gratitude within their marriage. This is of incredible importance for a couple to remain happy and their marriage to thrive. In conclusion, many marital relationships end in separation because of women empowerment and domestic violence. However, if couples devote quality time to understand each other as well as appreciate each other, the issue can be alleviated to a great extent. In some parts of the world, the rate of divorce has increased dramatically over the past few decades. Explain some possible reasons for this problem and suggest some solutions. Over the past few years, the divorce rate has increased at an alarming rate. Stress, breakdown of joint families and power struggle are the major causes of this situation. Although, these issues have led to a rise in the divorce rate, there are ways to resolve the problem. Firstly, stress in the workplace is the biggest cause of divorce. Nowadays, jobs are very demanding, and people spend long hours at the workplace compared to the past. This means that they spend less time at home with their families; hence, there is no room for affection and this eventually leads to break-up. Another factor contributing to the rise in separation is the notion of superiority amongst couples. Earlier, people were humble to each other and men were the sole breadwinners in the household. On the other hand, today both are independent and dominating and thus pay less heed to their partner’s advice which impacts the foundation of marriage. A recent article / report published by the Times of India stated an increase in the divorce rates by 30% in the year 2019 amongst the youth due to irreconcilable differences and ego clashes. Fortunately, there are ways to solve this problem. People should focus on work life balance at the workplace by taking up less demanding jobs. Also, they should respect their partner’s view point and should opt for healthy discussions instead of the arguments. In conclusion, there are many circumstances that lead to stress and problems in marriage. However, if people choose to lead a balanced life and are more tolerant of each other, it can result in a better and strong marital bond. Divorce – Vocabulary Get a divorce: we become divorced We’re getting a divorce. We need to get a divorce. I want to get a divorce. File for divorce: submit the legal paperwork to become divorced File the paperwork: submit the legal files Grounds for divorce: reasons to get divorced Clean split: the divorce process went smoothly Collateral damage: the people who get hurt who are not involved in the divorce Messy divorce: lots of arguing, disagreeing and interruptions in the divorce process Dragged on for some time: negative, took a long time to complete, goes very slowly Get custody: gaining the right of the protective care of someone or something One person takes care of the person or thing Shared custody: sharing the right of the protective care of someone or something You both have to take care of the kids/ things How to use it: “I think it took a year from the moment they said that they were getting a divorce to the moment they finally filed the paperwork. It wasn’t messy, but it was expensive.” “They had a fairly clean split – and thankfully their children still get to see both their parents often.” Divorce – Culturally Taboo: topics that most people don’t feel comfortable talking about, may not talk about them at all Not that it’s not serious: it is serious Amicable reasons: may not be “friendly” but without disagreement or problems Not working out anymore: not going smoothly, Social networks: websites online to meet and talk to people, possibly date Divorcees: a person who is divorced Gone through a divorce: completed the divorce process The younger you are, the more likely you are to… The lower your age, the higher the possibility that you are to do something The longer you listen to loud music, the more likely you are to hurt your ears. How to use it: “I think it’s pretty normal to meet people in their 40s or 50s who have been through a divorce. I think it’s probably more surprising to meet people who are still together.” “I think I know two or three people in their twenties who are already divorced, all of them married right after university.” Baggage Physical baggage: luggage, suitcases Has to do with your past: it’s about your past A crazy ex: an old partner or person in your life that you were romantically involved with who causes a lot of trouble in your life A lot of problems = a lot of issues Carefree: doesn’t have any worries or problems to think about Difficult to let go of: hard to stop thinking or worrying about Getting over that: forgiving and forgetting a problem How to use it: “I hate to be harsh, but if she’s got this crazy ex who hates seeing her with a new boyfriend, there’s no way you guys can have a healthy relationship with that kind of baggage.” “Baggage feels inevitable as you get older, you can’t expect people not to live their lives before they meet you.” Widowed Someone has passed away: someone has died Widow a female whose partner has died Widower: a male person whose partner has died Unlikely to get remarried: probably will not get married again How to use it: “Her husband passed away away about 10 years ago. I think she’s finally getting back out there, meeting new people, but no doubt it’s been hard.” “She’s actually the window of a famous businessman, and I think she inherited his fortune after he passed away.” Extra note: Both Mark and I thought about it later and many people also use “my late husband/wife” for a partner who has passed away. This is probably the most common. Step-Family Step-parent: the new person your parent married Step-kids: the kids of your partner (not your children) Step brothers/sisters: not related by blood but by marriage half-brothers/sisters: siblings who have one parent in common Same mom or same dad Biological father: the father you were born to Pick up on the fact that: realize something How to use it: “Well, now that my mom’s gotten remarried, I technically have two step-siblings, and a step-dad, but I don’t really think of them that way. I usually just call him “my mom’s husband”. ”I remember we moved to my new step-father’s house. It was a little strange at first, and I still call him by his first name, but we have a healthy relationship.” What is divorce like in your country? Do you know anyone who has gotten remarried? You can practice the vocabulary in the comments below Thanks, Kat and Mark DIVORCE VOCABULARY January 21st, 2013 • Posted by Melissa Graham-Hurd Tags: definitions, terminology Because the law is a profession, there are specialized terms for processes, procedures, events, and even people. Ohio family lawyer Melissa GrahamHurd seeks to enhance your ability to understand this process happening to you by providing definitions of common terms used in Family Law. Action: the legal term for a lawsuit Affidavit: a written statement sworn to under oath and signed before a Notary Public Allegation: statement contained in a pleading or affidavit Allocation of Parental Rights and Responsibilities: “custody”; the legal right and responsibility awarded by a court for the care, possession and rearing of a child; can be sole allocation or shared parenting; applies between parents. Answer: the second pleading in an action, which admits or denies allegations of the Complaint Appeal: process whereby a higher court reviews the orders of the lower court Appearance: a party’s method of telling the court that he/she submits to jurisdiction Change of Venue: a change of the place within the state where the case is heard Child Support: financial support paid for children, non-taxable to recipient, nondeductible to payor Complaint: the first pleading in a case, setting forth the allegations on which the requested relief is based Contempt of Court: willful and intentional failure to abide by a court’s order; punishable in a number of ways, including fines, jail sentences, etc. Contested case: any case where a court must decide one or more issues Court order: written document issued by a court; effective when signed by judge/magistrate and filed with Clerk; the Court only speaks through its written orders. Cross-examination: the questioning of a witness by the opposition at a hearing or deposition Custody: now called the Allocation of Parental Rights and Responsibilities, as between parents. “Legal custody” as a concept applies to persons who are not the child’s parents, but are responsible for raising the child by a Court’s order. Defendant: person being sued by Plaintiff Deposition: one of the discovery procedures: testimony of a witness taken under oath and out of court but recorded by a court reporter Direct examination: initial questioning of a witness by the person calling the witness Discovery: process of gathering information relevant to the case; can be by means of Interrogatories, Deposition, Request for Production, etc. Emancipation: the point when a child is treated as an adult; usually 18 and out of high school Evidence: testimony, documents or other material offered to the court to prove or disprove the allegations Ex parte: without the other side being present Grounds: the reason alleged for granting the complaint Guardian ad Litem: person appointed by the Court to report his/her opinion as to the child’s best interests Hearing: proceeding before the court for the purpose of resolving disputed issues by decision of the court Hold harmless: a situation in which one spouse assumes liability for a debt and promises to protect the other from any loss or expense in connection with it Indemnification: the promise to reimburse the other for losses incurred after a promise to hold harmless; Interrogatories: one of the available discovery procedures: a series of written questions served on opposing party to discover facts; answered under oath Jurisdiction: the authority of the court to rule on matters and issues presented Magistrate’s Order/Decision: written document prepared by the court after a hearing, but not a final order of the court Marital Property: income or property earned or acquired during the marriage; everything else except “separate property” Mediation: process by which a neutral third party facilitates negotiation between the parties; is not arbitration (decision-making) but helping the parties make decisions together Motion: a written application to the court for relief Notice: document served on the other side giving notice of time and date of a hearing, an address, etc. Order: the court’s written ruling on issues; requires the parties to do things stated; sets forth parties’ responsibilities; effective when signed and filed with Clerk Parenting Time: “visitation”; schedule for children’s time with parents Party: the people named in the action whose rights or interests will be affected by the orders Plaintiff: the party who files the Complaint, the first pleading Pleading: formal; written application to the court for relief and response to it; complaints, answers, counterclaims, replies, and motions are all pleadings Pro se: person who goes to court representing himself/herself Relief: what the party asks the court to do in his/her pleadings Reply: the answer to a counterclaim Request for Production of Documents: one of the discovery procedures: a list of documents to be produced within a fixed period of time, usually 28 days after the Request is served Restraining Order: a court order forbidding a party from doing an act that is likely to cause harm to another party or a child Rules: the rules that govern the conduct of the court (Civil Rules), presentation of evidence (Rules of Evidence) and the organization of the Courts (Rules of Superintendence), all issued by the Ohio Supreme Court; each locality also has the ability to issue Local Rules Separate property: property belonging to only one spouse; property owned prior to marriage, sometimes after separation; property received by inheritance or gift to just that one spouse Separation Agreement: the agreement of the parties reduced to writing or placed on the record in open court and made a part of the court’s order Set Off: when parties each owe sums of money to each other, a debt of one spouse deducted from the debt of the other spouse Settlement: the agreed resolution of the disputed items Show Cause: written application to the court for a holding of contempt Spousal Support: the new term for “alimony”; support paid from one party to another; taxable to the recipient and deductible by the payor. Stipulation: agreement between the parties as to a fact or series of facts Subpoena: a document served on a party or witness requiring appearance at court; Subpoena Duces Tecum requires the person subpoenaed to bring documents to court with him/her. Summons: a written notification that a legal action has commenced and requires a response within a fixed time period Temporary motions: application to the court for interim relief; typical are requests for parenting, support, and use of property during the pendency of the action Testimony: statements made under oath by a witness Transcript: a typewritten record of testimony of a witness Trial: a formal court hearing before a Judge to decide disputed issues Visitation: now called “Parenting Time” as between parents; Visitation is still granted to people who are not parents, such as grandparents, relatives, other persons who can show that they have an abiding interest in the welfare of the child, have a history of interaction with the child and have continued contact with the child. Divorce Glossary By Amy Vandervort-Clark, J.D. | Legally reviewed by Melissa Bender, Esq. | Last reviewed June 21, 2023 Legally Reviewed Fact-Checked Divorce can be a confusing process. It is a legal process with its own terms and special meanings. The following is a divorce glossary of terms and phrases to help you navigate the process. Affidavit. A written statement that is sworn to be accurate by the person making the statement in front of a court official or notary public. Alimony. A court order for financial payments made to help support a spouse or former spouse during separation or following divorce. It may be permanent or only for a set period of time or paid in a lump sum. Also called spousal support or spousal maintenance. Alternative dispute resolution (ADR). Methods of resolving legal disputes without going to trial, in a less confrontational manner, such as through arbitration or mediation. Annulment. A legal declaration that a marriage was never valid, the couple was never married, and they do not need a divorce. Reasons for annulment may include being under the age of consent, bigamy, being unable to consent because of intoxication, mental illness, or developmental disorder, or being lied to or forced to marry. Arrearage. The amount of money that is past due for support payments, either child or spousal support. A court action may be needed to order payment. The paying spouse may be held in contempt of court. Child support. Money that a non-custodial parent pays to the custodial parent for their minor child(ren)'s care and support. Child support guidelines. Guidelines established by state law that dictate how child support must be calculated. Generally, it is based on the income of the parents and the needs of the children. Child custody. Having rights to your child. Custody can be either legal, which means that you have the right to make important decisions about your child's welfare, or physical, which means that the child lives with and is raised by you. Cohabitation. The term for when a romantic couple lives together but is not married. Contested divorce. A divorce in which the couple does not agree on the terms, such as child custody, division of property and assets, or financial support. Community property. Property, assets, and debts that a married couple owns jointly and equally. Not every state recognizes community property. Decree. The court's written order or decision finalizing the divorce, often issued in conjunction with the court's judgment. This is a legal document that gives you the details of your divorce. Default. Failing to answer a petition or complaint for divorce. Failing to file an answer or appear in court as required can result in the court awarding everything requested by the filing spouse. Defendant. The person against whom legal papers are filed. Sometimes referred to as the respondent in a divorce case. Deposition. Part of the discovery or information-exchanging process of a legal proceeding, in which the attorney for the other party asks you questions, you answer with your attorney present, and a transcript of the proceedings is prepared. Discovery. The information-exchanging process during legal proceedings, including serving and answering interrogatories and requests for production of documents, and taking depositions. Dissolution. A legal term that is another word for divorce, which is the legal termination of a marriage relationship. Divorce. A legal action that terminates a marriage relationship. Domestic violence. Physical abuse or threats of abuse, sexual abuse, emotional abuse, psychological manipulation, and financial abuse occurring between members of the same household. Sometimes called “intimate partner abuse." If you are experiencing domestic violence or you feel unsafe with your partner, please seek help. Victims are most at risk when they are pregnant or are leaving the relationship. Call the National Domestic Violence Hotline at 1-800-799-SAFE (7233). Equitable distribution. A division of property that is fair in view of all of the circumstances. Equitable does not necessarily mean equal. Ex parte. An order, ruling, or judgment by the court is made with only one party being present. An example of this may be an emergency protection or restraining order. Fault divorce. When one spouse files for divorce because the other spouse has done something that warrants the end of the marriage. Reasons may include adultery, abandonment, abuse or cruelty, or impotence. Fault divorces are rare, and the respondent spouse can defend themselves from the accusations in court. Guardian ad litem (GAL). A legal representative appointed by the family court to protect the best interest of minor children. Often a GAL is appointed when allegations of abuse or neglect are made during a divorce or other legal proceedings. Interrogatories. Written questions that are served by the opposing party that must be answered in a written statement as part of the discovery process. Joint legal custody. The sharing, by both parents, of the right to make important decisions about a child's welfare. Joint physical custody. The sharing, by both parents, of the actual physical care and custody of a child. Legal advice. Guidance given by an attorney to a client about the client's legal rights and the law around their case. Legal advice can only be given by an attorney to a client. Legal custody. The right to make important decisions about the raising of your child on issues such as health care, religious upbringing, education, etc. Marital property. Generally, all property acquired during the marriage. Mediation. A form of alternative dispute resolution (ADR) for resolving legal disputes without going to trial, by the use of a trained and impartial third party who attempts to bring the parties together in mutual agreement. No-fault divorce. A petitioner does not have to prove the other spouse did anything wrong when ending their marriage. A divorce is filed because of “irreconcilable differences", or the marriage is said to be “irretrievably broken." This is the most common type of divorce. Non-custodial parent. The parent who does not have physical custody of the child(ren). Non-marital property. Generally, property owned by either spouse prior to marriage or acquired by them individually, such as by gift or inheritance, during the marriage. Petitioner. Often, the person who initiates divorce or marriage dissolution proceedings. Also called the plaintiff in court proceedings. Physical custody. The day-to-day rights and responsibilities associated with having your child in your home and being responsible for his or her care and upbringing. Plaintiff. The person who initiates legal proceedings, often called the petitioner in family law matters. Premarital agreement. An agreement entered into before marriage that sets forth each party's rights and responsibilities should the marriage terminate by death or divorce. Also called a prenuptial agreement. Prenuptial agreement. An agreement entered into before marriage that sets out each party's rights and responsibilities should the marriage end by death or divorce. Also called a premarital agreement. Property division. The dividing up of community property from the marriage. The couple may decide on how to divide the property or the judge will make a decision on how to fairly divide the property between the couple. Property division does not have to be an equal division. One spouse may be given more than the other. Pro se. Representing oneself in court. Not having an attorney represent you. Qualified Domestic Relations Order (QDRO). Often pronounced "kwah-dro," an order issued by the court to divide retirement benefits. Respondent. The person who answers a petition in a legal proceeding. Sometimes also referred to as the defendant. Restraining order. An order issued by the court requiring the subject of the order to refrain from doing something, often issued in conjunction with domestic violence or custody disputes. Separate property. Property that a spouse owned before the marriage or was given to that spouse only and not the couple during the marriage. This does not have to be actual property. Separation agreement. Prior to or instead of a divorce, a legal contract is made to address support, custody, property, and other legal issues. It can be incorporated into a divorce. Service of process. Legally notifying a defendant or respondent about a judicial proceeding. A process server or Sheriff's office will hand the paperwork to the person or lay them in their general area. Often simply called serving or being served. The receiving party may sign a waiver of service. Settlement conference. A meeting at which the parties and their lawyers attempt to settle the case before trial, often ordered by the court. Sole custody. When one parent is granted both legal and physical custody of the minor children Split custody. A form of custody (generally not looked upon favorably) in which some or one of the parties' children is/are in the custody of one parent, and the remaining child(ren) is/are in the custody of the other parent. Spousal support or maintenance. Financial payments made to help support a spouse or former spouse during separation or following divorce. Also called alimony. Stipulation. An agreement entered into by the divorcing spouses that settles the issues between them and is often entered into the court's final order or judgment and decree. Subpoena. A court order for you to appear in court or to produce certain documents or other evidence. Refusing to follow the subpoena will leave you open to contempt of court charges, fines, or even jail time. Uncontested divorce. A divorce where the parties agree on all the terms. Visitation. The time that a noncustodial parent spends with his or her child(ren). Sometimes known as access.