Glossary
A quick reference guide for some key terms relevant to family law. Click any of the links below or view our Practice Overview for more information and FAQs.
Certified Family Law Specialist – this State Bar certification represents an attorney’s years of experience, dedication, and focus in the practice of family law. Certified Family Law Specialists must have a history of skilled family law negotiations that result in settlement, a demonstrated breadth of knowledge regarding family law legal issues, extensive courtroom experience focusing on family law matters (including trials), and an impeccable reputation as a practicing family law attorney in their community.
Legal custody – refers to parental authority regarding issues such as educational and medical decisions.
Physical custody – refers to parental timeshare and other co-parenting issues.
Visitation – a subset of physical custody, this refers to parental timeshare with children.
Child Support – monthly financial support that a court can order a parent (or both parents) to pay for the expense of raising their child (or children). Child support is determined by a mathematical equation in the family legal code which takes into account the parties’ respective financial circumstances and custodial timeshare.
Community Property – all property received during a marriage, except property acquired by gift, inheritance, or property obtained using separate property (including separate property income) by one of the parties.
Date of Separation – the date that a complete and final break in the marital relationship has occurred.
Divorce – the process of obtaining a judgment of dissolution, which officially ends (dissolves) a marriage.
Domestic Violence Restraining Order (DVRO) – in close relationships (such as a romantic relationship) when one person feels they have been abused – physically or otherwise – and believes they are in need of protection, they can petition the courts for a DVRO.
Judgment of Dissolution – a judgment that legally dissolves a marriage. (see divorce)
Judgment of Legal Separation – a judgment that can make identical orders to a judgment of dissolution, except the parties remain married.
Litigation – the legal actions between two opposing parties working in the interest of enforcing or defending a legal right. In most dissolution (divorce) cases, the parties settle litigation by working out an agreement, but they may also go to court and have the judge determine the resolution.
Mediation – the process by which parties resolve their legal issues outside of court with the assistance of a neutral mediator who works to assist the parties in reaching an agreement.
Mediation Consultation (Mediation Coaching) – when parties are mediating or otherwise seeking to resolve a matter directly between themselves, it’s common for each side to retain their own family law attorney as a coach or consultant in the background to provide personalized legal advice, information, guidance, and negotiation strategies as they craft their agreements in a mediation setting.
Premarital Agreement (Prenuptial Agreement) – a contract entered into by spouses prior to marriage concerning, usually, property division and spousal support in the event that the parties later seek to dissolve their marriage.
Settlement – when parties reach resolution by agreement instead of litigating the matter in court and receiving court orders. Settled matters are usually reduced to written orders or judgments, which are then approved by the court and filed. Filed settlement agreements are as enforceable as orders obtained through contested hearings or trials.
Spousal Support (Alimony) – a form of financial support from one spouse or registered domestic partner to another.