Plain-English reference

Family Law Glossary

51 family-court terms in plain English. Built for pro se parents, useful for attorneys. Click any term for the full definition and related concepts.

A B C D E F G H I J M N O P R S U V W

A

Postponement of a court hearing to a future date. Either party can request one, but judges have discretion to grant or deny.

Alimony / Spousal Support

Court-ordered payment from one spouse to another after separation or divorce. Types include temporary, rehabilitative, limited duration, permanent, and reimbursement alimony.

A formal written response to a complaint or petition filed by the other party. Must be filed within a specific timeframe (usually 35 days in NJ) or risk a default judgment.

Unpaid child support or alimony that has accumulated. Courts can enforce collection through wage garnishment, tax interception, or contempt proceedings.

B

Best Interests of the Child

The legal standard courts use when making custody and visitation decisions. Factors include stability, parental fitness, child's wishes (if old enough), safety, and each parent's willingness to foster the other's relationship.

C

Case Information Statement (CIS)

A detailed financial disclosure required in NJ divorce cases. Lists income, expenses, assets, debts, and lifestyle. Both parties must file one.

CASA (Court Appointed Special Advocate)

A trained volunteer appointed by the court to advocate for a child's best interests, often in abuse or neglect cases.

Change of Venue

A request to move a case from one court location to another, usually because the child has moved to a different county or state.

The initial legal document that starts a court case. In family court, this could be a Complaint for Divorce, Complaint for Custody, or Complaint for Support.

Contempt of Court

A finding that someone willfully violated a court order. Can result in fines, makeup parenting time, attorney fee awards, or jail time in extreme cases.

Custody (Legal)

The right to make major decisions about a child's life: education, healthcare, religion, extracurricular activities. Can be sole (one parent decides) or joint (both parents decide together).

Custody (Physical)

Where the child lives day-to-day. The parent with primary physical custody is the "custodial parent." Shared physical custody means roughly equal time with both parents.

Custody Evaluation

A professional assessment by a psychologist or social worker who interviews both parents, the children, and other relevant parties. Results in a recommendation to the court.

D

Default Judgment

A ruling entered when one party fails to respond to a court filing within the required timeframe. The filing party may get everything they requested.

Sworn testimony given outside of court, recorded by a court reporter. Used during discovery to gather information and preserve testimony.

The pre-trial process where both sides exchange information: financial records, interrogatories (written questions), requests for documents, and depositions.

Domestic Violence

A pattern of abusive behavior including physical, emotional, psychological, sexual, or financial abuse by one partner against another. Grounds for an immediate restraining order.

E

When a child is legally considered an adult, ending child support obligations. In NJ, typically at age 19, upon marriage, military service, or becoming financially self-supporting.

Equitable Distribution

Division of marital property that is fair but not necessarily 50/50. Courts consider length of marriage, each spouse's income, contributions (including homemaking), and future needs.

A court action taken by one party without the other party present or notified. Usually reserved for emergencies like restraining orders or emergency custody changes.

F

The cost to file documents with the court. In NJ, filing fees range from $25-$300 depending on the type of case. Fee waivers are available for those who qualify.

Forensic Evaluation

A court-ordered psychological evaluation of one or both parents and/or children. Conducted by a licensed forensic psychologist. Results are presented to the judge.

G

GAL (Guardian Ad Litem)

A person (usually an attorney) appointed by the court to represent the best interests of a child during custody proceedings. Interviews the child and makes recommendations.

H

A court proceeding where both parties present arguments and evidence to a judge. Can be a motion hearing, a plenary hearing (mini-trial), or a final hearing.

I

Imputation of Income

When a court assigns a higher income to a parent who is voluntarily unemployed or underemployed for child support calculations. Based on education, work history, and job market.

Interrogatories

Written questions sent to the other party during discovery that must be answered under oath within a specific timeframe. Used to gather facts about finances, lifestyle, and parenting.

J

Judgment of Divorce

The final court order that legally ends a marriage. Includes provisions for custody, support, property division, and any other agreed-upon or court-ordered terms.

A court's legal authority to hear a case. For custody, jurisdiction is typically in the state where the child has lived for the past 6 months (the "home state").

M

Marital Property

Assets acquired during the marriage, subject to equitable distribution. Includes homes, cars, retirement accounts, businesses, and debts. Excludes inheritances and pre-marital property (in most states).

A process where a neutral third party helps parents reach agreements on custody, support, and property without going to trial. Voluntary or court-ordered. Less adversarial and less expensive than litigation.

A request to change an existing court order due to a substantial change in circumstances: job loss, relocation, change in the child's needs, or new safety concerns.

A formal written request to the court asking for a specific ruling or order. Common motions include motions for custody, motions to modify support, and motions for contempt.

N

No-Contact Order

A court order prohibiting one party from contacting another by any means: phone, text, email, social media, or through third parties. Violation is a criminal offense.

O

Order to Show Cause

An expedited motion that requires the other party to appear in court quickly (often within days) and explain why the court should not grant the requested relief.

The number of nights a child spends with each parent per year. Critical in child support calculations: more overnights with the non-custodial parent can reduce the support obligation.

P

Parental Alienation

When one parent systematically turns a child against the other parent through manipulation, bad-mouthing, or interference with the relationship. Courts take this seriously.

Parenting Coordinator

A professional appointed to help high-conflict parents resolve day-to-day disputes about parenting without going back to court. Has limited decision-making authority.

A detailed agreement outlining custody schedules, holidays, decision-making authority, communication rules, transportation, and dispute resolution procedures.

The scheduled time a non-custodial parent spends with their child. Also called "visitation." Can include weekday dinners, weekends, holidays, and summer schedules.

Latin for "while litigation is pending." Temporary orders for support, custody, or other matters that stay in effect until the final judgment.

Plenary Hearing

A full evidentiary hearing (like a mini-trial) where witnesses testify and evidence is presented. Required for contested custody and certain motion disputes.

Representing yourself in court without an attorney. Latin for "on one's own behalf." You have the right to represent yourself, but you're held to the same standards as an attorney.

R

Restraining Order (TRO/FRO)

TRO = Temporary Restraining Order (granted immediately, expires after hearing). FRO = Final Restraining Order (permanent until modified by court). Protects against domestic violence.

Right of First Refusal

A provision in a parenting plan that requires a parent to offer the other parent childcare before using a babysitter or third party when they can't be with the child.

S

Status Conference

An informal court meeting where the judge checks on the progress of a case, discusses scheduling, and encourages settlement. Not a hearing: no testimony is taken.

A written agreement between both parties on one or more issues. Once signed by the judge, it becomes a court order. Common for settling custody and support without a trial.

A court order requiring a person to appear in court (subpoena ad testificandum) or produce documents (subpoena duces tecum). Failure to comply can result in contempt.

Supervised Visitation

Parenting time that must occur in the presence of a court-approved supervisor, either at a supervised visitation center or with an approved individual. Ordered when there are safety concerns.

U

Uniform Child Custody Jurisdiction and Enforcement Act: determines which state has jurisdiction over custody disputes when parents live in different states. The child's "home state" (where they've lived for 6+ months) has priority.

V

The specific court location where a case is heard, typically in the county where the child resides or where the parties last lived together.

W

Wage Garnishment

A court-ordered deduction from a parent's paycheck to pay child support or alimony. Sent directly from the employer to the custodial parent or state disbursement unit.

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