Glossary of Florida Legal Divorce Terms
Acknowledge – A statement made
before a notary public or other person
authorize to administer oaths.
Affidavit – A written statement of facts
signed by a person who is under oath
and in the presence of a notary public
Alimony – Money paid by one spouse to
help support the other spouse. Can be
temporary or permanent.
Answer – A legal document that
responds to the Petition for Dissolution
of Marriage by admitting or denying the
allegations.
Appear – To come before the court by
filing a petition or an answer.
Creditor – A person or company to
whom money is owed
Debtor – A person or company who
owes money
Default – When a Respondent fails to
file an answer or respond to the
petition. The court will enter an Order
of Default. Once the order is entered,
the respondent cannot answer the
petition.
Deposition – Process for asking
questions of another person who is
under oath and in front of a court
reporter for the purpose of finding out
information
Asset – Property of any kind – personal
or real
Discovery – The process of investigating
the facts of the case by use of
depositions, interrogatories and
requests for production.
Co-mingling – Combining marital assets
and non-marital assets together or using
marital assets to support non-marital
assets.
Dissipation – Wasting assets through a
reckless course of conduct
Cotenants – A form of ownership in
which people (or companies) own
property together, but the ownership
interest does not pass to the other
owners upon death.
Dissolution of marriage – legal term for
divorce in Florida
Equitable distribution – The process of
dividing marital property on fair terms
Execute – to sign a legal document
Counter-Petition – Filed with an
Answer, this legal pleading filed by a
Respondent, asks for relief from the
court
Filing – Presenting a legal document to
the clerk for inclusion in the official
court file.
Court reporter – a person trained to
transcribe all exchanges in the court
room or at a deposition.
Final judgment – The order that ends
the marriage, equitable distributes the
property and debt and decides the child
issues of primary residence, parental
responsibility and timesharing.
Parental Responsibility – The authority
to make major decisions for your child.
In Florida, shared parental responsibility
is preferred. Sole parental responsibility
can be awarded in certain cases.
Hearing – Time scheduled for your case
at court
Homestead – In Florida, real estate that
is a person’s primary residence and that
gets special treatment for tax purposes.
Homesteads are generally exempt from
creditor claims.
Parenting Plan – A written agreement
about how the children will be parented
after the divorce. Provides for
timesharing, primary residence and
support as well as decision-making
authority.
Income Deduction Order (IDO) – An
order by the court that support
payments be deducted from the
obligated party’s paycheck and then
given to the supported spouse.
Petition – The first legal pleading that
starts a divorce case.
Petitioner – The spouse who files the
petition.
Interrogatories – Written questions
sent to the other party that must be
answered under oath and in writing.
Pleading – a legal documents filed with
the court.
Joint tenants – A form of ownership in
which the interest of one owner
automatically passes to the other owner
upon death.
Primary Residential Parent – The
custodial parent
Liability – A debt.
Recording – process of entering records
into the official public records of the
county or state.
Mediation – Process of using a neutral
third party to try to reach a settlement
Relief – A legal remedy that the court
can give
Motion – A written request for the
court to take specific action
Respondent – The spouse who did not
file the petition and must file the
answer
Non-marital asset – Property that is
owned by only one of the spouses,
usually before the marriage or by
inheritance.
Rotating Custody – When the children
spend equal time with each parent
Notary public – A person who is
authorized to acknowledge signatures
on documents
Service – Delivering a legal pleading to
the other party. Initial service must
include process and a summons. After
the initial service, other papers can be
mailed.
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Shared parental responsibility – Both
parents make joint decision about childrelated issues.
Summons – Notification from the court
that a case has been filed and must be
answered. Also called “serving process.”
Sole parental responsibility – One
parent has the authority to make all
child-related decisions.
Timesharing – the new term for
visitation
UCCJEA – Uniform Child Custody
Jurisdiction & Enforcement Act – a law
designed to clarify which state has
authority in inter-state disputes about
custody.
Special Equity – An interest that one
spouse has in property that is titled only
in the name of the other spouse.
Split Custody – When children are
divided between the parents after
divorce.
UIFSA – Uniform Interstate Family
Support Act – a law designed to
facilitate establishment and
enforcement of interstate child support
and alimony orders.
Subpoena – A court order to appear at a
certain time for a court hearing or
deposition to give testimony
Visitation – The non-custodial parent’s
time with the children. The modern
term used is “timesharing.
Subpoena duces tecum – A court order
to appear at a certain time for a court
hearing or deposition and to bring along
specified documents or other items.
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Financial Document Roadmap for Florida Divorce
LIST OF REQUIRED FINANCIAL DOCUMENTS REQUIRED FOR
MANDATORY DISCLOSURE PROCESS Rule 12.285
____1.
A financial affidavit. 12.902(b) for incomes less than
$50,000/year and Form 12.902(c) for incomes of $50,000/year
or more
____2.
A Child Support Guidelines Worksheet. Form
12.901(g), if the case involves child support.
____3.
All federal and state income tax returns, gift tax
returns, and intangible personal property tax returns filed by the
party or on the party's behalf for the past three years.
____4.
IRS forms W-2, 1099 and K-1 for the past year, if
the income tax return for that year has not been prepared.
____5.
Pay stubs or other evidence of earned income for the
three months prior to service of the financial affidavit;
____6.
A statement identifying the amount and source of all
income received from any source during the three months
preceding the service of the financial affidavit required by this
rule if not reflected on the pay stubs produced.
____7.
All loan applications and financial statements
prepared or used within the twelve months preceding service of
that party's financial affidavit required by this rule, whether for
the purpose of obtaining or attempting to obtain credit or for any
other purpose.
____8. All deeds within the last 3 years,
____ all promissory notes within the last 12 months, and
____ all present leases, in which the party owns or owned an
interest, whether held in the party's name individually, in the
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party's name jointly with any other person or entity, in the
party's name as trustee or guardian for any other person, or in
someone else's name on the party's behalf.
____9. All periodic statements from the last 3 months, for all
checking accounts, and
____ from the last 12 months for all other accounts (for
example, savings accounts, money market funds, certificates of
deposit, etc.) regardless of whether or not the account has been
closed, including those held in the party's name individually, in
the party's name jointly with any other person or entity, in the
party's name as trustee or guardian for any other person, or in
someone else's name on the party's behalf.
____10. All brokerage account statements in which either party
to this action held within the last 12 months or holds an interest
including those held in the party's name individually, in the
party's name jointly with any person or entity, in the party's
name as trustee or guardian for any other person, or in someone
else's name on the party's behalf.
____11.
The most recent statement for any profit sharing,
retirement, deferred compensation, or pension plan (for
example, IRA, 401(k), 403(b), SEP, KEOGH, or other similar
account) in which the party is a participant or alternate payee
and the summary plan description for any retirement, profit
sharing, or pension plan in which the party is a participant or
alternate payee (The summary plan description must be
furnished to the party on request by the plan administrator as
required by 29 U.S.C. 1024(b)(4).)
_____12. The declarations page, the last periodic statement,
and the certificate for any group insurance for all life insurance
policies insuring the party's life or the life of the party's spouse,
and all current health and dental insurance cards covering either
of the parties and/or their dependent children.
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____13. Corporate, partnership, and trust tax returns for the
last 3 years if the party has an ownership or interest in a
corporation, partnership, or trust greater than or equal to 30%.
____14. All promissory notes for the last 12 months,
____ all credit cards and charge account statements and
____ other records showing the party's indebtedness as of the
date of the filing of this action and for the last 3 months, and
____ all present lease agreements, whether owed in the party's
name individually, in the party's name jointly with any other
person or entity, in the party's name as trustee or guardian for
any other person, or in someone else's name on the party's
behalf.
____15. All written premarital or marital agreements entered
into at any time between the parties to this marriage, whether
before or during the marriage. Additionally, in any modification
proceeding, each party shall serve on the opposing party all
written agreements entered into between them at any time since
the order to be modified was entered.
____16.
All documents and tangible evidence supporting the
producing party's claim of special equity or non-marital status of
an asset or debt for the time period from the date of acquisition
of the asset or debt to the date of production or from the date of
marriage, if based on premarital acquisition.
____17.
Any court orders directing a party to pay or receive
spousal or child support.
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