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Common Terms - Divorce

Affidavit :

A notarized written statement made to the court, swearing that the information you’ve provided is true. 

Alimony (Spousal Support) :

Money paid by one spouse to another after a divorce to help cover living expenses. This is separate from child support. 

Answer :

A written response explaining why the defendant disagrees with or denies what the plaintiff said in the complaint. 

Appeal :

A written request asking a higher court to review a judge’s decision and possibly change it. 

Arrears :

Unpaid or overdue child support or alimony payments. 

Caption :

The section at the top of court papers that lists the names of the parties in the case. If you were the plaintiff or defendant in the original case, you keep that title in all future filings. 

Cause of Action :

The legal reason for the divorce — such as irreconcilable differences, separation, or extreme cruelty. 

Certification :

A written statement submitted to the court swearing that the information you’ve provided is true. It does not need to be notarized. 

Child Support :

Money paid by the non-custodial parent to the custodial parent to help with a child’s daily expenses and care. 

Complaint :

The document that starts a court case, filed by the plaintiff. It explains what the plaintiff is asking the court to do. 

Cross-motion :

A filing by the defendant that adds new claims or requests against the plaintiff in the same case. 

Default Judgment :

A court order entered in favor of the plaintiff when the defendant receives a complaint but fails to respond on time. 

Defendant :

The person, business, or organization against whom a case is filed. 

Discovery :

The process where both sides exchange documents and information they plan to use in court before the case is heard. 

Dissolution :

The legal ending of a marriage, civil union, or domestic partnership. 

Exhibits :

Documents or evidence you submit to the court to support your motion or case. 

File :

To submit forms and fees to the court to officially start or continue your case. 

Irreconcilable differences :

The term for a no-fault divorce in New Jersey. It means the couple has lived in the state for at least 12 months, has had problems for at least six months, and agrees there is no way to repair the relationship. 

Motion :

A written request asking the court to:

  • Issue a new order,
  • Change an existing order,
  • Enforce a current order, or
  • Take some other action in your case. 
Order :

A signed paper from a judge that requires someone to do (or stop doing) something. 

Party :

Any person, business, or government agency involved in a court case. 

Personal Identifier :

Personal information that is unique to one person, such as:

  • Social Security number
  • Driver’s license number
  • Bank or credit card numbers
  • Insurance policy number
  • Military status or license plate number

Because court documents are public, you must not include personal identifiers when filing papers. 

Plaintiff :

The person or entity who starts a lawsuit by filing the complaint. 

Pro Se :

A Latin term meaning “for oneself.” It refers to someone who represents themselves in court without a lawyer. 

Redact :

To hide or remove private or sensitive information from a document before filing it with the court.

Relief :

A term meaning to ask the court for something, such as custody, child support, or another specific order.