Glossary

A lawsuit or proceeding in a court of law.

A lawyer who represents and speaks on behalf of their client in court.

A written statement of facts sworn to by the declarant under oath, typically in front of a notary public. Affidavits may be used as evidence in legal proceedings such as divorce, custody, and support cases.

A verbal or written resolution of disputed issues between parties. Agreements are often used to settle disputes out of court, such as property division, child custody, or support matters.

The formal written response to a complaint, petition, or motion. An answer must be filed within a certain period after receiving the initial legal documents.

Financial support provided by one spouse to the other during separation or after divorce. As of divorces finalized after January 1, 2019, these payments are non-deductible to the payor and not considered taxable income to the recipient for federal tax purposes.

Processes used to resolve legal disputes without traditional litigation. Examples include mediation and collaborative law, both commonly used in family law cases to reach settlements out of court.

A legal proceeding that declares a marriage void as if it never took place. Annulments are granted only under certain circumstances, such as fraud or incapacity at the time of marriage.

A legal process where the losing party in a court case requests a higher court to review the decision. Family law matters, including custody or support disputes, can be appealed.

Unpaid child support or spousal support that is overdue. Enforcement mechanisms exist to collect arrearages, including wage garnishment or interception of tax refunds.

A legal expert who represents clients when they require legal counsel. Attorneys can provide advice, assist with writing and legalizing documents, and represent you in court.

A legal standard used to determine child custody, visitation, and support. Courts prioritize the welfare of the child when making custody or support determinations, considering factors such as the emotional ties between parent and child and the stability of the home environment.

A family that includes children from previous marriages or relationships, along with children from the current relationship or marriage.

A formula established by law to determine how much child support should be paid based on the income levels of both parents. Courts use these guidelines to calculate child support, although deviations may be made in special circumstances.

A structured process in which both parties and their attorneys work together with neutral professionals (such as financial and mental health experts) to resolve family law issues without going to court. If the collaborative process fails, the attorneys involved must withdraw, and new legal representation must be sought for litigation.

The person who files a lawsuit, also referred to as the petitioner or plaintiff. This term is often used in divorce cases, where the complainant is the party initiating the divorce action.

Michigan does not recognize common law marriages. Even if a couple lives together and presents themselves as married, they are not considered legally married unless they have gone through a formal ceremony and obtained a marriage license. However, common law marriages that were validly established in another state will be recognized.

Michigan is not a community property state. Instead, it follows an “equitable distribution” approach, meaning marital property is divided fairly but not necessarily equally. Courts consider factors like the length of the marriage, contributions of each spouse, and financial circumstances when determining how to divide assets acquired during the marriage.

A person may be held in contempt of court for failing to comply with a court order. This can include violations of child custody, support, or visitation orders. Penalties for contempt can range from fines to jail time, depending on the violation’s severity and the court’s discretion.

A contested divorce occurs when spouses cannot agree on key issues, such as child custody, spousal support, or property division. When this happens, the court steps in to resolve the disputes. Contested divorces can be lengthy and often require the presentation of evidence to support each party’s claims.

The parent who has physical custody of the child. This parent is responsible for the child’s day-to-day care. The custodial parent may also have legal custody, which involves decision-making about the child’s health, education, and welfare, though legal custody is often shared with the other parent.

Custody is divided into two parts: legal custody and physical custody. Legal custody refers to the right to make important decisions about the child’s life, such as education, medical care, and religious upbringing. Physical custody refers to where the child lives most of the time. Courts make custody decisions based on the “best interests of the child” standard, considering factors such as the child’s emotional and physical well-being, stability, and each parent’s ability to provide care.

Refers to a parent’s right to make important decisions regarding their child’s upbringing, such as education, medical care, and religious practices. Legal custody can be sole or joint, depending on what is in the best interest of the child.

Also known as a Judgment of Divorce, it is the final court order that legally ends a marriage and may include terms related to child custody, child support, spousal support, and division of property.

If a party fails to respond to a divorce complaint or does not participate in the case, the court may issue a default judgment in favor of the filing party, granting the requested relief as long as it complies with the law.

The sued or accused party. In divorce, the spouse against whom the divorce is filed is the defendant. The plaintiff is the spouse initiating the case.

A legal process where a party or witness provides sworn testimony outside of court, typically as part of the discovery process. The testimony is recorded by a court reporter and can be used later in court proceedings.

The legal process where each party gathers information from the other party before trial. This may include interrogatories, depositions, and requests for documents to ensure access to relevant facts and evidence.

Another term for the legal ending of a marriage, commonly referred to as divorce. The marriage is terminated through a Judgment of Divorce issued by the court.

A principle that divides marital property acquired during the marriage in a way that is fair, though not necessarily equal. Factors such as each spouse’s contributions, financial needs, and the length of the marriage are considered.

A court-appointed individual, often an attorney, who represents the best interests of a child in legal proceedings, such as custody disputes. They investigate and provide recommendations to the court.

Michigan is a no-fault divorce state, meaning the only grounds for divorce are a breakdown of the marital relationship with no reasonable likelihood of reconciliation.

Circumstances that significantly impede a parent’s ability to pay child support. The court may consider these factors when determining or modifying support obligations.

Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), a child’s home state is where they have lived with a parent or guardian for at least six consecutive months before a custody or support action is filed. This is generally the state that asserts jurisdiction over custody matters.

IRS rules that can protect one spouse from the other spouse’s tax fraud or other tax-related misconduct. These federal rules can relieve one spouse of liability for tax debts if certain criteria are met.

Written questions served by one party to another, which must be answered in writing under oath. Interrogatories are a common part of the discovery process in family law cases, helping gather information before trial.

The legal grounds for no-fault divorces. Irreconcilable differences are the only grounds allowed for divorce in a no-fault system, meaning neither party has to prove wrongdoing by the other spouse to obtain a divorce.

A court’s final determination of the rights and obligations of the parties in a case. In divorce cases, the judgment includes the divorce decree and any other orders regarding custody, support, or property division. Either party may appeal the judgment if they believe the court made an error.

Also known as a Decree of Dissolution, it is the final court order that legally ends a marriage and may include terms related to child custody, child support, spousal support, and division of property.

The shared right of both parents to make important decisions about the care, education, health, and welfare of their child. Courts often award joint legal custody to ensure both parents are involved in major decisions, even if physical custody is not shared equally.

The authority of a court to hear a case. Jurisdiction in family law cases is typically based on residency requirements and the location of the parties or children involved.

Formal documents outlining the terms and conditions agreed upon, to clarify rights and responsibilities.

A court order allowing spouses to live separately while remaining legally married. Legal separation (also called “separate maintenance”) does not end the marriage but does provide for the division of property, child custody, and support arrangements.

The legal responsibility to another person or entity. In divorce cases, liability often refers to the obligation of one spouse to pay debts or fulfill financial responsibilities, such as spousal or child support, as ordered by the court.

The process of taking legal action.

A relationship by blood, marriage, or adoption. Kinship can play a role in family law cases, particularly in guardianship, custody, or the placement of a child with relatives.

Also called alimony, this is financial support paid by one spouse to the other after divorce or legal separation. Spousal support is awarded based on factors such as the length of the marriage, the income and needs of each party, and the ability to pay.

Property acquired during the marriage, which is subject to equitable division. Equitable division does not mean a 50/50 split but a fair division based on factors such as the duration of the marriage and the contributions of each spouse.

A non-binding dispute resolution method where a neutral third party helps the parties negotiate a settlement. Mediation is often used to resolve issues like custody, support, and property division without going to trial.

Changes to existing legal agreements or court orders.

A formal request made to the court, usually in writing. Motions can be filed for various reasons, such as modifying child custody or support orders, or asking the court to hold an ex-spouse in contempt for failing to follow court orders.

The parent who does not have physical custody of the child. This parent typically has visitation rights and may share legal custody, allowing them to be involved in major decisions about the child’s welfare.

A divorce that does not require one spouse to prove the other spouse’s fault or misconduct to obtain a divorce. The only requirement is to state that the marriage has broken down and there is no reasonable likelihood of reconciliation.

Also known as separate property, this includes property acquired by one spouse before the marriage or property that is meant to remain separate from marital assets, such as inheritances or gifts. Non-marital property is generally not subject to division unless it has been commingled with marital property or the court deems it necessary to achieve fairness.

The formal legal process of informing a party about a legal action or proceeding. This is typically done by serving legal papers to the other party, either personally or through an attorney, to ensure they are aware of the case.

A court’s ruling or decision on a specific issue, usually following a motion. Orders can cover matters like custody, child support, or spousal support and are legally binding.

A detailed plan that outlines how parents will share custody, decision-making authority, and responsibilities regarding their child. A parenting plan may include visitation schedules, education decisions, and provisions for resolving future disputes.

A scientific method, typically DNA testing, used to establish the biological father of a child. Paternity tests can be ordered by the court in cases involving child support or custody disputes.

Temporary court orders addressing issues such as custody, child support, spousal support, and property use while the divorce process is ongoing. These orders remain in effect until the final judgment is issued.

A legal order issued by a court to protect individuals from harassment, stalking, or threats.

A legal document that initiates a court case. A divorce or custody proceeding is started by filing a petition, which outlines the issues and the relief sought.

The person who first files the legal paperwork to initiate a case, such as a divorce or legal separation. The petitioner starts the divorce process. Also known as the plaintiff.

Another term for the petitioner, used to refer to the person who initiates the legal action. The plaintiff starts the case, whether it’s a divorce, custody, or support action. The opposing party is the defendant.

A postnuptial agreement is similar to a prenuptial agreement but is created and signed after a couple is already married. It can address new financial circumstances or changes that occur during the marriage.

A court proceeding where a judge decides if there is enough evidence for a case to go to trial. The prosecution presents evidence, and the defense may respond. If the judge finds sufficient evidence, the case proceeds; if not, charges may be dismissed.

An agreement made before marriage that outlines how property and assets will be divided and whether spousal support will be paid if the marriage ends in divorce. Courts generally enforce prenuptial agreements, as long as they are fair and entered into voluntarily.

A person who represents themselves in court without an attorney. Individuals may proceed pro se, but it is generally advisable to have legal representation due to the complexity of family law cases.

The process of dividing marital property and debts between spouses during a divorce. Courts use an “equitable distribution” approach, aiming for a fair, though not necessarily equal, division based on factors like the length of the marriage and the financial situation of each spouse.

A court order used to divide retirement or pension benefits between spouses as part of a divorce settlement.

When spouses who have separated or started the divorce process get back together and resume their marital relationship. Reconciliation may pause or halt divorce proceedings if both parties agree.

At least one spouse must have lived in the state for a set period, typically before filing for divorce.

The person who must file an answer to the petition in a divorce or family law proceeding. The respondent is served with legal papers and has a set time to respond.

The formal written reply to a petition. The response is typically filed within a specific time frame after the respondent receives the petition.

A Court order designed to protect individuals from potential harm by restricting the actions of another party, similar to a PPO, such as contacting or harassing the other spouse, removing funds from joint accounts, or interfering with custody arrangements.

The legal process of providing a copy of the filed papers to the other party. This can be done via hand delivery, certified mail, or other court-approved methods to ensure the other party is informed of the legal proceedings.

A meeting where the parties, sometimes with their attorneys, attempt to resolve their legal disputes without going to trial. Settlement conferences are common in divorce and custody cases and are often facilitated by a judge or mediator.

Also known as alimony or maintenance, this is a payment from one spouse to the other for financial support during or after a divorce. The court determines spousal support based on factors like the length of the marriage, each spouse’s income, and their financial needs.

A person who is legally married; refers to a husband, wife, or partner in a marriage.

A legal agreement between both parties, often signed by their attorneys, to settle a particular issue in a case. Stipulations can be used to resolve specific matters, such as property division or custody, and are incorporated into a court order.

A court order requiring a person to appear in court to testify or to produce documents relevant to the case. Subpoenas are commonly used in divorce and custody cases to gather necessary evidence.

A legal document issued by a court that notifies a party of a legal action against them and requires their response within a specified time frame.

Financial support paid by one spouse to the other while the divorce is ongoing. Temporary support is intended to maintain the financial status quo until the final divorce settlement is reached.

A legal arrangement where one person (the trustee) holds and manages property for the benefit of another (the beneficiary). Trusts are used in estate planning and may be relevant in divorce cases involving significant assets.

A divorce where both spouses agree on all issues, including property division, child custody, and spousal support, without needing a trial. An uncontested divorce allows couples to resolve their differences out of court, simplifying the legal process.

The county where the legal case is heard. Divorce and family law cases are typically filed in the county where at least one spouse resides.

The right of the non-custodial parent to spend time with their child, as ordered by the court. Visitation schedules are part of the parenting plan and are designed to support the child’s best interests.

A legal mechanism where a portion of a person’s wages is automatically deducted to satisfy child support or spousal support obligations. This process ensures that support payments are made regularly.