Divorce Definitions

No-Fault Divorce Many states now permit "no-fault" divorces. No fault" divorce describes any divorce where the spouse suing for divorce does not have to prove that the other spouse did something wrong. All states allow divorces regardless of who is at "fault." Lump-Sum Alimony Lump-sum alimony or alimony in gross refers to alimony that is a fixed payment that generally will be made regardless of circumstances that would be a basis for termination of other types of alimony. Domestic Violence Petition This form serves as your application for a protective order; after obtaining one from the courthouse clerk, completing and returning it, it will be reviewed by a judge. Custodial parent The parent who has physical custody of the children. Joint custody A form of child custody that grants both parents joint legal custody, joint physical custody, or both joint legal custody and joint physical custody. Buccal Swab A recognized form of genetic testing used to determine paternity, which involves a q-tip type instrument for collecting saliva from individuals submitting to testing. Mediation A non-adversarial process in which a neutral third party acts to encourage and help disputing parties reach a mutually acceptable agreement. May not be a good option when domestic violence is present. Rehabilitative Alimony Rehabilitative alimony refers to alimony that is given to a spouse so that the spouse may “rehabilitate” herself or himself in the sense of acquiring greater earning power or training in order to become self-supporting. Residual Physical Custodial Rights A custody agreement when one parent is awarded visitation by a pre-arranged schedule worked out between the parents or the courts. Supervised visitation A form of visitation in which an adult supervisor must be present when the child is visiting with the non-custodial parent.

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	Did You Know?
	In divorce actions, mediators often are involved in custody and visitation disputes. In some jurisdictions (particularly large urban areas), courts require mediation of custody and visitation disputes. The mother and father must talk with a court-appointed mediator to try to resolve the problem before putting their case before a judge. The mediator cannot force a resolution, but the parties can be told to try mediation before coming to court to ask a judge to decide the issue.