Default / Default Judgment. Failing to answer a petition or complaint for divorce within the time provided by the summons, typically 30 days from being served.  If a party served with a lawsuit, including a divorce or separation, fails to file an answer or appear in court in the required time, the court can award to the party who filed the lawsuit everything requested in his or her divorce papers.

Dissolution. The official term used in Washington State courts and laws for a divorce.  The legal termination of a marriage or the legal proceeding to terminate a marriage.

Washington Divorce. The more commonly used term for the legal termination of a marriage.  While most people refer to the termination of a marriage or the legal proceeding to terminate a marriage as a “divorce,” the term actually used in the statutes and  courts in Washington is “dissolution” as in dissolution of marriage.

Domestic Partnership.  An arrangement in which unmarried persons cohabitate or live together with an intention to pool their resources and assets, and share their property and debt.  Washington law does not recognize “common law” marriages as a result of unmarried persons living together for an extended period of time.  However, domestic partnerships are recognized.  Domestic partners can often obtain much of the same relief that is available to a divorcing couple, with one notable exception being spousal support.  Courts will divide the parties’ property and debt according to their written agreement, if one exists, or their expressed or implied intent.

Equitable Distribution. A division of property that is fair in view of all of the circumstances.  An equitable does not necessarily mean an equal one.

Joint Legal Custody. The continued co-parenting of a minor child after a divorce or legal separation, or the sharing of the right to make important decisions about a child’s welfare by both parents. Many professionals in the family law world, including judges, lawyers, therapists, counselors, psychologists, psychiatrists, etc. believe this is the preferred method of raising a child after a divorce, if the parents are capable and the circumstances are appropriate. 

Joint Physical Custody. The sharing of the actual physical care and custody of a minor child by both parents. 

Legal Custody. Legal custody refers to the right to make the important decisions about a minor child regarding their residence, education, healthcare, religion, etc.  Legal custody is further broken down into two categories: joint or sole legal custody, which are defined above and below, respectively.

Legal Separation. This is a legal device or proceeding similar to a divorce in which the financial and legal lives of a married couple are separated and the parties stop cohabitating or living together.  In a legal separation, the parties can obtain nearly all of the same relief available through a divorce such as the division of their property and debts, child custody, and child and spousal support.  However, the parties’ marriage is not legally terminated and they remain legally married.  A legal separation may be preferred because a person’s religious beliefs do not approve of or permit a divorce.

Maintenance also known as Spousal Maintenance.  Financial payments made to a divorced or separated spouse for a specified or indefinite period of time.  Maintenance is most common in a long-term marriage, and it is intended to allow the less fortunate spouse to continue the standard of living established during the marriage.  It is usually ordered when one spouse is at a significant disadvantage in his or her ability to support them self after the divorce because of their age, or physical, mental or emotional condition, or limited education, work experience or earning potential. 

Mediation. A form of alternative dispute resolution 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.

Noncustodial Parent. The parent who does not have legal and/or physical custody of the child(ren).

Non-marital Property. Generally, property owned by either spouse before the marriage or that is acquired individually or separately during the marriage, such as by gift or inheritance.

Parenting Plan.  The schedule for the non-custodial parent’s time with his or her child.

Parenting Time.  The time that a non-custodial parent spends with his or her child.

Physical Custody. A parent’s right to have the minor child live in his or her home, which carries with it the day‑to‑day rights and responsibilities for the care and upbringing associated with having the child in the home.

Petitioner. The person who initiates or files a divorce or marriage dissolution proceedings.

Prenuptial 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 premarital agreement.

Respondent. The person against whom a legal proceeding is filed in a family law matter.

Restraining Order. An order issued by the court to restrain or prevent a person from doing something.  Frequently, issued in conjunction with domestic violence or custody disputes.

Separation.  The cessation of cohabitation between a married couple by their mutual agreement or judicial decree.  If done only by the parties’ mutual agreement, then this living arrangement generally means that the parties are not responsible for the other spouse’s debts and obligations, except for the debts relating to the expenses of the family and the maintenance, support and education of their minor children.  If done through a formal legal proceeding, then the parties’ legal and financial lives are legally separated, and they can obtain nearly all of the same relief available through a divorce such as the division of their property and debts, child custody, and child and spousal support.  However, the parties’ marriage is not legally terminated and they remain legally married. 

Sole Custody. One parent is given the unilateral right to make important decisions about a child’s welfare without consulting the other parent.  Typically, the parent with sole legal custody will also have physical custody of the child.