Note: It may be best to consult with an attorney, especially if one or more children are involved or if there is a dispute regarding a division of property or debts.

Definitions

• Acknowledgment of Service — A paper signed by the Respondent (in a divorce, the spouse being served) to tell the Court that they have received a copy of the complaint.
  
  
• Alimony — Money paid by one spouse to the other after separation or divorce to provide financial support.
  
  
• Bench Trial — A trial where the Judge decides everything instead of a jury. Most divorces use this.
  
  
• Complaint / Petition for Divorce — The paper you file to start a divorce. It outlines what you want the Court to decide, like divorce, custody, or support.
  
  
• Consent Agreement — When both parties agree for the Judge to sign an Order without holding a hearing.
  
  
• Consent to Try — A paper signed by both parties that allows the Court to enter a Final Judgment and Decree of Divorce 31 days after the Respondent signs the Acknowledgment of Service or is served with the Petition.
  
  
• Contempt — When someone doesn't follow a court order, like not paying child support or ignoring custody rules.
  
  
• Counterclaim — When the other spouse files their own claim in response to your case.
  
  
• Custodian — A parent or another person who has physical custody of a child.
  
  
• Enter — How a Judge's order becomes effective. An order is entered when the Judge signs it and the Clerk of Superior Court files it.
  
  
• Final Hearing — The main court session where the Judge makes permanent decisions about property, custody, and support.
  
  
• Final Judgment and Decree of Divorce — The court order signed by the Judge that officially ends the marriage and resolves divorce issues.
  
  
• First Class Mail — Sending court papers by regular mail. Note: You cannot serve someone with a Complaint/Petition for Divorce using this method. You must use Personal Service.
  
  
• Guardian ad Litem — A person, often an attorney, appointed by the Court to represent the best interests of a child. They cannot be a parent.
  
  
• Hearing — A court session where both sides explain why the Judge should or should not take action.
  
  
• Judgment on the Pleadings — When the Judge decides the case based only on the papers filed, without a trial.
  
  
• Legal Custody — The right to make major decisions about a child's life, like school and medical care, even if you don't have physical custody.
  
  
• Marital Property — Things and money acquired during the marriage, except for inheritances or gifts (with a few exceptions), up until the Final Judgment and Decree of Divorce is entered.
  
  
• Mediation (ADR) — An informal, confidential meeting with a neutral person who helps both sides talk about the issues and see if you can work out an agreement. The mediator isn't a Judge and doesn't make decisions.
  
  
• Modification — Asking the Court to change an existing order because circumstances have changed, like income, living situation, or the needs of the children.
  
  
• Moral Turpitude — Behavior that seriously violates the community's accepted moral standards, like fraud, rape, or murder.
  
  
• Motion — A request for the Court to take action in a pending case.
  
  
• Non-Custodial Parent — The parent who does not have primary physical custody of the child but may have visitation rights.
  
  
• Order — A decision signed by a Judge that requires someone to do something or stop doing something.
  
  
• Parenting Plan — A written plan that explains how parents will share custody and make decisions about their child's care, including schedules, holidays, and communication.
  
  
• Party — A person involved in a case. This can include someone other than a spouse if the Court allows it.
  
  
• Pending Case — A court case that is still going on — where no final judgment entered yet.
  
  
• Personal Service — A way of delivering legal papers where someone hands the documents directly to the person being served (the Respondent). This ensures that the person actually receives notice of the court case.
  
  
• Petitioner / Plaintiff — The person who starts the case.
  
  
• Physical Custody — The right to have physical control over a child and decide where the child will live.
  
  
• Pro Se — Representing yourself in court without an attorney.
  
  
• Proposed Order — A draft order that has not yet been signed by the Judge.
  
  
• Respondent / Defendant — The person against whom a complaint/petition is filed.
  
  
• Rule Nisi — An order of the Court that notices a hearing either in person or virtual..
  
  
• Separation — When spouses no longer live together or share a bedroom.
  
  
• Separation Agreement — A written agreement between spouses before the divorce is final that resolves issues like custody, child support, alimony, debts, and property division.
  
  
• Service — The process of delivering legal papers to the other party.
  
  
• Settlement Agreement — A written agreement between spouses that resolves all issues in the divorce, including but not limited to custody, child support, alimony, debts, and property division.
  
  
• Summons — The cover sheet on a Petition that tells the Respondent to file an answer within 30 days. It also shows if the Petitioner has a lawyer.
  
  
• Temporary Hearing — A short court session to decide temporary rules while the divorce is ongoing, like who lives where or who pays what.
  
  
• True Copy — A copy of a court paper with the Clerk of Superior Court's seal showing it is official and genuine.
  
  
• UCCJEA — A law that decides which state can handle child custody and makes sure custody orders from one state are recognized in other states.
  
  
• Verification — A paper signed by the Petitioner swearing that all facts in the Complaint are true.
  
  
• Venue — The correct court or location to file a case, usually based on where the parties live or where the children live. Think of it as the "right place" for the case.
  
  

Please note that all papers in a divorce, including the petition, the verification, the acknowledgment of service, the consent to try, and the separation agreement must be signed in front of a notary public.

Last revised 03.05.2026