Glossary

Under Pennsylvania's Protection from Abuse (PFA) Act, this includes causing or attempting bodily injury, putting someone in reasonable fear of serious harm, sexual assault, false imprisonment, stalking, or physically/sexually abusing a child. The conduct must be by a family member, household member, or current/former intimate partner.

A written statement that you sign under oath, swearing the contents are true. Lying in an Affidavit is perjury.

• An annulment is a declaration recognizing that the marriage was never valid because of a flaw at the time of its formation. Annulments may be granted in a few situations, including: 1) when one party is unable to give consent; 2) duress; or 3) fraud. While annulments treat the marriage as though it never existed, a divorce recognizes that there was a previous marriage. One potential benefit to having a marriage annulled rather than being divorced is that when parties obtain an annulment, there is no division of property. 

The formal written response to a Complaint, Petition, or Motion admitting or denying each allegation in the initial filing. Some Answers may include a Counterclaim against the other party.

Past-due, unpaid support. Arrears continue to accrue interest in Pennsylvania and can be collected through wage garnishment, tax refund interception, license suspension, and other enforcement tools.

• Child custody includes both legal custody and physical custody. Child custody is the relationship between legal guardians and their child(ren).

Regular payments from one parent to the other to help cover the child's needs. In Pennsylvania, the amount of support is calculated using statewide Support Guidelines, which are based primarily on both parents' net incomes, the number of children, and custody time.

Pennsylvania's mathematical formula for calculating support, set out in the Pennsylvania Rules of Civil Procedure. It produces a presumptive amount based on the parents' combined monthly net income and the number of children, with adjustments for custody time, health insurance, and childcare.

The form showing how the support amount was calculated under the guidelines—income inputs, deductions, custody adjustments, and the resulting obligation.

Living together as a couple without being married. Important in alimony cases: under Pennsylvania law, an ex-spouse who is receiving alimony and then cohabits with a romantic partner generally loses the right to alimony.

• A collaborative divorce occurs when both parties work together to reach a settlement agreement. Collaborative divorces transform the adversarial nature of divorce into a team effort. Parties to a collaborative divorce utilize mediation and negotiations in order to settle their divorce out of court.

Willfully disobeying a court order. Penalties can include fines, payment of the other side's attorney fees, and—in serious cases—jail. The person bringing the contempt petition must show the order was clear, the violation was willful, and they were prejudiced.

A responsive filing in which the defendant raises their own claims against the plaintiff (for example, the plaintiff filed for custody and the defendant counter-petitions for primary custody).

The parent with whom the child primarily lives.

The legal authority to make decisions for a child and the right to physically have the child. In Pennsylvania, custody is divided into legal custody (decision-making) and physical custody (the schedule of where the child lives).

• A default order or judgement is a court order that one party has won the case and that the losing party did not participate in the case. In Family Law cases, a default order is sometimes requested in divorce cases when one spouse is missing or unable to be contacted.

• At a deposition a witness gives sworn testimony. When utilized, depositions are typically part of the discovery phase of civil cases. The purpose of depositions is for both parties to gain more information. 

• Discovery is a process by which parties exchange information with each other. Often, parties send each other interrogatories and requests to produce documents. Interrogatories are written questions that the other party must answer, and requests to produce documents are lists of documents that the other party must produce. For example, interrogatories may ask the party to list all bank accounts they currently have open, and the requests to produce documents can ask for all bank statements from the past two years. Discovery is common in divorce cases, but is rare in child custody.  

• The dissolution of marriage is another term for the divorce process. A dissolution is more analogous to a no-fault divorce.

• An ex parte order is an order entered when one party to the case was not present. For example, divorces can be granted ex parte, meaning with only one spouse present. Alimony and equitable distribution orders cannot be ex parte.

• An expert witness is an individual with special knowledge, skill, experience, training, or education on a particular issue. Expert witnesses are able to testify in court, and can include CPAs and custody evaluators. The purpose of expert witnesses is to help the court better understand an issue.

• A fault-based divorce requires a spouse show wrongdoing by the other party in order to be granted a divorce decree. Prior to the allowance of no-fault divorces, couples needed a reason to divorce, such as adultery, desertion, or physical violence. Because Pennsylvania now allows for no-fault divorces, fault divorces are rare and present few, if any, benefits.

• Garnishment is a remedy invoked when a parent is behind on child support. Essentially, a percentage of the parent’s paycheck is removed before the parent even receives the paycheck, and is sent to the custodial parent.

• In custody cases, a guardian ad litem is a person appointed by the court to investigate what solutions are in the best interests of the child. Typically, a guardian ad litem is an attorney or a mental health professional. The guardian ad litem is not an advocate for the child, but serves as more of a factfinder for the court. Guardian ad litems are not utilized in every case.

• Hearings are generally used to determine temporary orders and to decide procedural matters. Typically, witnesses are not involved in hearings. On the other hand, a trial involves evidence and argument and is where the judge will make a final decision.

• An injunction is a court order requiring a party stop doing something. For example, in a custody case an injunction may forbid the parents from speaking to each other about anything other than their child.

• Interrogatories are part of the discovery process, and are written questions directed at the opposing party that the opposing party must answer.

• Legal custody involves major decision making, such as where the child goes to school, medical decisions, and whether the child will observe a certain religion. Legal custody can be shared (both parents together make these decisions for the child) or sole (only one parent is responsible for making major decisions for the child).

• Maintenance is another term for alimony or spousal support, and is a court order that requires one spouse to financially support the other spouse.

• Mediation allows parties to resolve their legal disputes with a professional mediator, who acts as a neutral third party. Both parties may be represented by their own attorneys during the mediation process. Mediation seeks to help the parties reach an agreement without having to go through the more formal and adversarial court process.

• A morality clause, also known as a morals clause, is a provision in a contract or other document that prohibits certain behavior. For example, a morality clause can prohibit a party’s drug use. A morality clause could also prohibit the parents from allowing anyone with whom they are romantically involved to spend the night while the divorce is pending.

•  A motion to modify is a request that the court change an existing judgment or order. For example, a party may file to modify the child custody or child support order.

•  A no-fault divorce allows a couple to divorce without a showing of wrongdoing by either party. In Pennsylvania, there are two types of no-fault divorces: 1) a consent divorce, in which both parties agree that their marriage is irretrievably broken. A party can file for this type of divorce after the parties have lived separate and apart for ninety days; 2) a contested divorce, which requires the parties live apart for one year before filing for divorce.

• Under the Constitution, parties to a case are entitled to notice. This means that a party being sued must be notified of the date, time, and place of the hearing.

• An order is a legal document set forth by the court which directs the parties involved to act or refrain from acting. In family law, examples include equitable distribution orders and child support orders.

• A parenting schedule is an arrangement that designates when each party exercises their custodial time.

• A petition or complaint is a formal written request to an authority, namely, a judge. In family law, petitions and complaints include complaints in divorce and petitions to modify custody.

• The petitioner is the party who files the petition or complaint, as opposed to the respondent. Petitioners are also called plaintiffs or movants.

• Physical custody is who is physically with the child and involves the day-to-day caretaking of the child. This includes making the child breakfast, ensuring the child gets to school on time, and deciding whether the child has a playdate with a friend. There are several types of physical custody. If one parent has sole physical custody of the child, that means that the other parent never sees the child. If the parties have shared physical custody, each parent has the child roughly 50% of the time. Alternatively, one parent could have primary physical custody (be the custodial parent more than half of the time), with the other parent having partial physical custody (being the custodial parent less than half of the time). Having partial physical custody can range from seeing the child several days a week, to only a few visits a year.

A contract entered prior to marriage that establishes the property and financial rights of each spouse in the event of divorce.

When a spouse represents themselves in court without an attorney.

Person appointed to serve summons, subpoenas, or other process on a party.

An order used by the court to protect against a situation involving alleged domestic violence, harassment, stalking, or sexual assault.

A special court order used in divorce or legal separation to split a retirement or pension plan by recognizing joint marital ownership interests in the plan.

Charge made by an accused person against the accuser. In some jurisdictions, a defendant may recriminate, in order to rely on the plaintiff’s misconduct as the defendant’s grounds for divorce.

Part of the Discovery process. One attorney asks that the other side produce financial documents he or she feels are necessary for the case.

The state requirement that you live in a certain jurisdiction before filing for divorce there. Will vary by state.

Also known as “defendant.” The party who is sued and must respond to a filed petition.

A provision placed in child custody agreements requiring one parent to offer the other parent the opportunity to look after their children before contacting a babysitter or other family member to take care of them.

A document delivered to a person who is not directly involved in the action filed but is needed for testimony.

A written notification to the Respondent that an action has been filed against him or her.

Order of the court that only applies while the divorce is pending. They are generally terminated when the divorce is finalized.

A formal court hearing to decide the disputed issues filed in the complaint or summons.

The right of a parent who does not have physical custody to see his or her child.

A court order authorizing the seizure of an asset of a non-custodial parent who owes past-due child support. The order usually authorizes the seizure of assets up to the total amount of past-due child support owed under the judgment. It also is known as a levy.

In a Pennsylvania mutual-consent (no-fault) divorce, both spouses must sign these Affidavits stating that the marriage is irretrievably broken and they consent to the divorce. Affidavits of Consent cannot be filed with the court and are typically not executed until at least 90 days have passed since the Divorce Complaint was served.

In a divorce matter where a Defendant fails to enter their appearance of respond to the divorce complaint, the represented party must sign an Affidavit stating the unrepresented is not on active military duty. 

A written contract between spouses (or parents) resolving issues without further litigation. Once signed and, where appropriate, made part of a Court Order, a Settlement Agreement is enforceable like any other Court Order.

Ongoing financial support paid by one ex-spouse to the other after a divorce is final. Pennsylvania does not use a set formula for Alimony; to calculate Alimony, a judge weighs 17 statutory factors (such as length of marriage, earnings, health, contributions, marital misconduct, etc.). Receiving alimony is not automatic.

Latin for "alimony pending the litigation," it is temporary Support paid by the higher-earning spouse to the lower-earning spouse during a divorce so the lower-earning spouse can meet expenses and pay legal fees. APL is based on a calculation provided for within the PA Rules.

Asking a higher court to review (and possibly reverse) a lower court's decision. In Pennsylvania, appeals from Final Family Law Orders generally must be filed within 30 days. Deadlines to do so are strict.

The legal standard Pennsylvania courts use to decide custody. Pennsylvania law (23 Pa.C.S. § 5328) lists specific factors a judge must consider. Some of these factors include which parent is more likely to encourage a relationship with the other, the child's needs and preference (if mature enough), sibling relationships, parental duties performed, and history of abuse.

Splitting the divorce into two parts: granting the Divorce Decree first, while the financial issues (property division, alimony) are decided afterward. Pennsylvania courts grant bifurcation only in compelling circumstances—it is not routine.

A written document submitted to a court that lays out a party's legal arguments, supported by case law and references to the record.

A scheduling meeting (often with the judge or court administrator) where deadlines are set for discovery, expert reports, settlement efforts, and trial. These Conferences are generally an attorney-only proceeding; clients are not typically required to attend, though they are not forbidden from doing so. Your attorney will tell you whether your appearance is needed.

A signed statement that service of a filing has been made to the opposing party per due process of local court rules.

When the judge or conference officer meets privately with a child (sometimes with attorneys present) to hear the child’s preferences and observations. These interviews are generally held for older children whose preferences carry weight with the court. Parents are not present and are not permitted to attend; this is intentional, so the child can speak freely.

The tools used to collect unpaid support, including automatic wage attachment, intercepting tax refunds, suspending driver's and professional licenses, denying passports, reporting to credit bureaus, and contempt actions that can include jail time.

An ongoing cooperative parenting relationship after separation in which both parents communicate and stay actively involved in raising the child.

The filing that begins the proceeding, whether Support, Custody, or Divorce, and must be served by original process. 

An attachment to a document to protect the filing due to inclusion of child(ren)’s name(s), financial account numbers, social security numbers, etc.

An attachment to financial documents such as bank statements, retirement statements, etc. that are filed with the court to prevent viewing from non-parties.

A divorce in which the spouses disagree on one or more issues (grounds, property division, alimony, custody, support) and the court is asked to resolve them.

A request to postpone a scheduled hearing or deadline. The court decides whether good cause exists.

A sworn response disputing a prior affidavit. In Pennsylvania, used in a contested no-fault divorce when the non-filing spouse opposes proceeding on grounds of irretrievable breakdown.

A directive from a judge that the parties are legally required to follow. Disobeying an order can be contempt.

A required attachment to custody filings which details relevant criminal history, abuse records, and involvement with child protective services for each party and every adult residing with either party.

An informal meeting—often with a custody hearing officer (formerly “master”) or conciliator—aimed at settling custody before trial. Parties are required to attend along with their attorneys. If the parties reach an agreement, it is put on the record or in a written order. If not, the case is scheduled for further hearings.

A comprehensive assessment by a qualified mental health professional, usually a psychologist, of the family’s situation. Typically involves interviews with each parent and child, home visits, psychological testing, and review of records. Both parents are required to participate, and the child is interviewed and observed. The extent varies dependent on the case. When completed, the evaluator submits a written report with recommendations.

The written report from a custody evaluator, including findings and recommendations on legal and physical custody. Influential but not binding on the judge.

A request to change an existing custody order. The moving party generally must that the change serves the child's best interests.

The court's written ruling setting out legal custody, physical custody schedule, holidays, transportation, and any other custody terms.

The full evidentiary hearing in which the judge decides contested custody. Witnesses testify under oath, exhibits are admitted, and lawyers present arguments. Parties must attend.