California Divorce Glossary

Instant, plain-English answers to 120+ family-law definitions.

All A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

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Arrearages: Unpaid child or spousal support that gathers interest under California Family Code §4722. See enforcement options.
ATRO: Automatic Temporary Restraining Orders printed on FL-110 that freeze major financial moves once divorce starts.
Allegation: A factual claim in pleadings that must be proven or admitted during the case.
Alternate payee: Recipient spouse named in a QDRO to receive retirement funds.
Arbitration: Private dispute resolution where a neutral makes a binding decision outside court.

Bifurcation: Court separates one issue—often marital status—from all others to grant earlier termination of marital status.
Business goodwill: Intangible value of a company beyond its tangible assets, crucial in business valuations.
Burden of proof: Responsibility to present evidence sufficient to convince the judge on a disputed issue.
Bench warrant: Order authorising arrest of a party who fails to appear or comply with court orders.
Bona fide sale: Arm’s-length transaction that courts use to gauge fair market value of property.

Community property: Assets or debts acquired between marriage and separation, usually split 50/50. Learn more in property division.
Custodial parent: Parent with primary physical custody for purposes such as support calculations.
Child support: Court-ordered payments to meet children’s needs, calculated by statewide guideline software.
Collaborative divorce: Process where parties contract to settle out of court with allied professionals.
Continuance: Judge-approved postponement of a hearing or deadline.

Tip: California judges abbreviate Respondent as “RESP.” on minute orders—watch for it.

Default judgment: Final order entered when Respondent fails to answer within 30 days.
Discovery: Pre-trial exchange of information using tools like form interrogatories and subpoenas.
Dissomaster: Popular California software used to compute temporary spousal support quickly.
Deposition: Out-of-court sworn testimony transcribed for later use at trial.
Date of separation: Point when at least one spouse intends to end the marriage coupled with conduct evidencing that intent.

Earnings assignment: Wage garnishment order for support; employer sends payments directly to Recipient.
Ex parte: Emergency request heard with short notice, often for restraining orders.
Equalisation payment: Cash or asset transfer to balance a community-property division.
Expert witness: Qualified professional who offers opinion evidence, e.g., in business valuations.
Elkins rules: Family-law evidence rules emphasising live testimony, born from Elkins Task Force reforms.

Family Code: Compilation of California statutes governing marriage, custody, support, and property.
Fiduciary duty: High duty spouses owe each other to disclose finances fully and act in good faith.
Findings & order: Minute order summarised and signed by judge, sometimes prepared on FL-340.
Financial disclosures: Mandatory exchange of FL-140, FL-142, and FL-150; details at financial disclosures.
Friend of the court: Nonbinding report from court-connected mediator on custody recommendations.

Garnishment: Legal process ordering a third party to withhold funds from a debtor’s wages or accounts.
Guideline support: Formula-driven child support using factors like income and parenting time.
Good cause: Legitimate, legally sufficient reason a court may excuse noncompliance or grant relief.
Goodwill personal: Professional’s individual reputation value, usually not divided if nontransferable.
Guardian ad litem: Person appointed to protect a minor’s interests during litigation.

Hearing: Scheduled court session where evidence and argument are presented.
Hold-harmless: Clause requiring a spouse to protect the other from a specified debt or liability.
Holiday schedule: Customized custody plan for special days; explore examples at holiday schedule ideas.
Head of household: Tax filing status occasionally referenced in support software but not determinative by itself.
Hague Convention: Treaty addressing international child abduction and return procedures.

Shortcut: In support calculators, “head of household” status does not require you to claim that tax filing on returns.

Income imputation: Assigning earning capacity to a parent who is voluntarily under-employed.
Interrogatories: Written questions a party must answer under oath within 30 days.
Irretrievable breakdown: Ground synonymous with “irreconcilable differences” in other jurisdictions.
Interspousal transfer deed: Document moving real property between spouses, often during refinance buy-outs.
In pro per: Self-represented litigant; also called “pro se.”

Judgment: Final order resolving all issues; entered on FL-180 in most divorce cases.
Judicial council: Body that publishes California’s mandatory court forms.
Joint custody: Both parents share legal or physical custody under California Family Code §3003.
Joinder: Adding a third party—like a pension plan—to a case so the court can issue orders.
Just & reasonable: Standard for approving marital settlement agreements before entry of judgment.

K-1: IRS schedule reflecting partnership income, often attached in discovery for business owners.
Keogh plan: Self-employed retirement account subject to QDRO-like division on divorce.
Kick-out order: Emergency directive forcing a party to leave the family home for safety reasons.
Key person discount: Valuation reduction recognising owner’s unique contribution to a business’s profit.
Kidnapping parental: Wrongful removal or retention of a child violating custody order.

Legal custody: Authority to make health, education, and welfare decisions for a child.
Lien: Security interest placed on property to secure payment of equalisation or support.
Lis pendens: Recorded notice of pending litigation affecting real property title.
Limited scope: Attorney represents client for part—not all—of the case; see CRC 5.43.
Lump-sum support: Single payment replacing ongoing spousal support, often discounted to present value.

Marital settlement: Comprehensive written agreement resolving all divorce issues, filed with FL-180.
Mediation: Neutral-facilitated negotiation aiming for voluntary settlement outside court.
Motion to compel: Request for court order requiring discovery compliance.
Mandatory disclosures: Preliminary exchange of income, expense, and asset information; cannot be waived.
Minor’s counsel: Attorney appointed to represent a child’s interests under Family Code §3150.

Reminder: Temporary orders (“pendente lite”) expire at judgment—you must request them again if needed.

The glossary is for general information only and does not create an attorney-client relationship.