Legal jargon can be confusing, especially when you’re dealing with stressful situations like divorce or custody disputes. While working with a knowledgeable family law attorney is the best way to understand family law terms, this helpful guide provides an overview of some of the most common terminology you should know.
Why Understanding Family Law Terms Matters
While your family law attorney will handle court documents and communications, understanding family law terms is helpful for clients, too. When you’re familiar with common legal terms, it helps reduce confusion and you’ll be able to communicate with your attorney more effectively.
However, a great family law attorney will be happy to explain terms and how they apply to your specific case—don’t be afraid to ask questions if you’re unsure what they’re saying. North Carolina has some unique terminology for family law matters. It’s important you understand what’s happening in your case and the terms of any agreement before you sign.
Key Family Law Legal Terms
These terms are some of the most common legal terms you’ll encounter in North Carolina family law cases.
Divorce-Related Terms
- Absolute divorce: North Carolina calls the formal end of a marriage an “absolute” divorce.
- Separation agreement: Separation agreements are legally binding contracts. Your agreement outlines the terms of your separation.
- Equitable distribution: Equitable distribution refers to the fair division of marital property—although it’s important to note that “fair” doesn’t always mean “equal.”
- No-fault divorce: No-fault divorce allows couples to divorce without proving that one of the spouses did something to end the marriage, like infidelity and abandonment.
- Marital property: Marital property is the property you acquired during the marriage.
- Separate property: Separate property is property you acquired before the marriage or inherited before, during, or after the marriage. Note that separate property can become marital property, so ask your attorney to explain when this could be an issue.
- Marital misconduct: Marital misconduct is behavior, like infidelity, that can impact alimony decisions.
Child Custody and Child Support Terms
- Legal custody: Legal custody is the right to make decisions about your child’s upbringing, including medical care, education, religion, and more. A parent can have sole or joint legal custody, regardless of physical custody arrangements.
- Physical custody: Physical custody refers to with whom the child resides. A parent can have sole or joint physical custody.
- Visitation: When one parent has sole physical custody, the other parent may be granted visitation. Visitation may be supervised or unsupervised.
- Parenting plan: Parenting plans cover physical and legal custody arrangements, visitation, and other key issues.
- Parental alienation: Parental alienation occurs when one parent tries to damage the other parent’s relationship with their child. Not all disparagement or negativity qualifies as parental alienation.
Spousal Support Terms
- Post-separation support: This is temporary financial support awarded after separation.
- Alimony: Alimony is longer-term financial support. It’s decided on a case-by-case basis and is influenced by income, marital misconduct, standard of living, and more.
- Dependent spouse: The dependent spouse is the spouse who may receive post-separation support or alimony.
- Lump sum alimony: This is a one-time payment instead of ongoing alimony payments.
Other Key Terms
- Domestic violence protective order (DVPO or 50B): A DVPO or 50B order is also known as a restraining order. It can help protect someone from abuse.
- Mediation: Mediation is an alternative to going to court. Both spouses work with a neutral mediator to resolve issues out of court.
Talk to an Experienced North Carolina Family Law Attorney Now
Understanding these family law terms helps demystify the legal process—but don’t hesitate to ask your family law attorney any questions you may have. Your attorney should provide key information and help you understand each part of the legal process.
If you’re facing separation, divorce, child custody and support disputes, or other family law matters, a trusted attorney can guide you through every step of the process. Reach out to the family lawyers at Greene Wilson & Styron, P.A. today for a consultation.