A
Abandonment
A fault ground for divorce in New York under DRL §170(2). Occurs when one spouse leaves the marital residence without consent or justification and remains absent for one continuous year or more. Constructive abandonment — refusing to engage in sexual relations without cause — is also recognized.
Acknowledgment of Paternity
A legal document, typically signed at the hospital after birth, in which both parents voluntarily acknowledge that a man is the biological father of a child. Once signed, it establishes legal paternity without a court proceeding.
Adjournment
A postponement of a scheduled court date to a future date. Either party may request an adjournment; the court may grant or deny it. Repeated adjournments can significantly delay a case.
Adultery
A fault ground for divorce in New York under DRL §170(4). While no-fault divorce has made adultery grounds rare, it can still be relevant to maintenance and property decisions in certain cases. Proving adultery requires corroborating evidence beyond the spouse's own admission.
Affidavit
A written statement made under oath and signed before a notary public. Affidavits are used in divorce proceedings to submit facts to the court in writing.
Alternate Payee
In the context of a Qualified Domestic Relations Order (QDRO), the spouse or former spouse who will receive a portion of the retirement account holder's benefits.
Arrears
Past-due amounts owed under a support order that have not been paid. Child support and spousal maintenance arrears can be enforced through income execution, license suspension, contempt of court, and other remedies. Arrears generally cannot be retroactively reduced by a court.
Attorney for the Child (AFC)
An attorney appointed by the court to represent the interests of a child in a custody or visitation proceeding. Unlike a guardian ad litem, an AFC is bound to advocate for the child's expressed wishes, not just their best interests.
B
Best Interests of the Child
The legal standard used by New York courts in all custody and visitation decisions. Courts weigh numerous factors — including each parent's stability, involvement, and ability to foster the child's relationship with the other parent — to determine what arrangement best serves the child.
Bifurcation
A court procedure that separates the issue of divorce itself from the financial and custody issues. A bifurcated divorce allows the parties to be legally divorced before all ancillary matters are resolved. Rarely used in New York.
Business Valuation
The process of determining the fair market value of a closely held business or professional practice owned by one or both spouses. Courts may appoint a neutral expert or each party may retain their own. A business started before the marriage may still have a marital component if it grew substantially during the marriage.
C
Collaborative Law / Collaborative Divorce
A structured process in which both spouses and their attorneys commit in writing to resolving all issues outside of court. Each party retains a collaboratively trained attorney, and both sides may also work with financial neutrals and mental health coaches. If the process fails and either party initiates litigation, both collaborative attorneys must withdraw.
Commingling
The mixing of separate property with marital property, which can cause the separate property to lose its separate character and become subject to equitable distribution. For example, depositing an inheritance into a joint bank account.
Complaint
The initial court filing that begins a divorce proceeding. In New York, the party filing for divorce is called the plaintiff and files a Summons with Notice or Summons and Verified Complaint.
Contempt of Court
A finding by a court that a party has willfully disobeyed a court order. In family law, contempt proceedings are used when a party fails to pay court-ordered support, comply with custody orders, or adhere to other court directives.
Contested Divorce
A divorce in which the parties cannot agree on one or more issues — such as property division, custody, or support — requiring court intervention to resolve. Contested divorces involve formal discovery, motion practice, and potentially trial, and tend to be significantly more expensive and time-consuming than uncontested divorces.
Cruel and Inhuman Treatment
A fault ground for divorce in New York under DRL §170(1). It requires conduct that endangers the physical or mental well-being of the other spouse and makes it unsafe or improper to continue the marriage. Physical violence, verbal abuse, and controlling behavior may qualify.
CSSA (Child Support Standards Act)
New York's statutory formula for calculating child support, codified in the Family Court Act and Domestic Relations Law. The CSSA applies a percentage of combined parental income — 17% for one child, 25% for two, 29% for three, 31% for four — to determine the basic child support obligation.
Custodial Parent
The parent with whom a child primarily lives. The custodial parent is typically responsible for day-to-day decisions about the child's care, while major decisions may be made jointly under joint legal custody.
D
Date of Commencement
The date on which the divorce action is formally begun, which in New York is when the summons is filed with the court. This date is important for determining which assets and debts are marital and which are separate.
Default Judgment
A judgment entered against a party who has failed to appear or respond within the required time. In a divorce, a default judgment may be entered against a spouse who is served but does not answer the complaint.
Deposition
An out-of-court examination of a witness under oath, recorded by a court reporter. Depositions are a discovery tool used to gather information and lock in testimony before trial.
Discovery
The formal pre-trial process by which both parties exchange relevant financial and factual information. Discovery tools include interrogatories, document demands, depositions, and subpoenas.
Dissipation
The wasteful spending or transfer of marital assets by one spouse in anticipation of or during divorce proceedings. Courts can penalize a spouse who dissipates marital property by awarding the other spouse a larger share.
Domestic Violence
A pattern of abusive behavior — physical, emotional, financial, or sexual — used by one intimate partner to control another. Documented domestic violence is highly relevant in custody determinations, orders of protection, and, in some cases, property division and maintenance awards.
DRL (Domestic Relations Law)
New York's primary statute governing marriage, divorce, maintenance, child support, and property division. Key provisions include DRL §236B (equitable distribution and maintenance) and DRL §240 (custody and support).
E
Emancipation
The point at which a child is no longer legally dependent on their parents, typically at age 21 in New York for child support purposes. Emancipation can also occur earlier upon marriage, military service, or financial self-sufficiency.
Enforcement
The process of compelling a party to comply with a court order. Common enforcement mechanisms in family law include income execution (wage garnishment), contempt of court, license suspension, tax refund intercepts, and passport denial — all available for unpaid child support and spousal maintenance.
Equitable Distribution
New York's system for dividing marital property in divorce. Courts divide property in a manner that is fair but not necessarily equal, based on a range of statutory factors.
Ex Parte
A legal proceeding or communication involving only one party, without notice to or participation by the other party. Emergency orders of protection are often granted ex parte.
Expert Witness
A person with specialized knowledge — such as a business valuator, real estate appraiser, forensic accountant, or custody evaluator — retained to provide opinion testimony in a case. Expert fees can be a significant cost driver in complex divorce litigation.
F
Family Court vs. Supreme Court
In New York, divorce actions (including property division) must be filed in Supreme Court, which has exclusive jurisdiction over matrimonial matters. Family Court handles custody, visitation, child support, and orders of protection but cannot grant a divorce or divide marital property. Cases are sometimes heard in both courts simultaneously.
Forensic Accountant
A financial expert who analyzes financial records in legal proceedings, often used in divorce to value businesses, trace hidden assets, reconstruct financial histories, or analyze income for support purposes.
G
Gray Divorce
A colloquial term for divorce among spouses aged 50 or older. Gray divorces often involve longer marriages, significant retirement assets, pensions, complex tax considerations, Social Security benefit planning, and health insurance issues that younger couples may not face.
Grounds for Divorce
The legal basis for obtaining a divorce. New York recognizes no-fault divorce (irretrievable breakdown of the marriage for at least six months) as well as fault-based grounds including cruel and inhuman treatment, abandonment, imprisonment, and adultery.
Guardian Ad Litem
A person — often an attorney or social worker — appointed by the court to investigate and report on what is in a child's best interests. Unlike an Attorney for the Child, a guardian ad litem advocates for what they believe is best for the child, not necessarily what the child wants.
H
Hearing
A court proceeding, shorter than a full trial, in which a judge receives arguments and evidence on a specific issue — such as a motion for temporary support or a custody dispute. Both parties may submit affidavits, present testimony, and argue their positions.
High-Conflict Custody
A custody situation characterized by persistent parental conflict, litigation, and an inability to co-parent cooperatively. High-conflict cases may involve parental alienation, domestic violence, or significant mental health issues, and often require more intensive court involvement, including attorney for the child appointments and forensic evaluations.
Home Equity
The difference between a property's current fair market value and the outstanding balance on any mortgage or liens. Marital home equity is typically subject to equitable distribution. Common outcomes include one spouse buying out the other's share or a deferred sale arrangement.
I
Imputed Income
Income that a court attributes to a party for support calculation purposes based on their earning capacity rather than their actual earnings — used when a court finds a party is voluntarily underemployed or unemployed.
Income Execution
A court-ordered garnishment of wages or other income to satisfy overdue support obligations. Also called wage withholding, income execution is one of the primary enforcement tools for unpaid child support or spousal maintenance and is processed through the Support Collection Unit.
Index Number
The unique case number assigned by the court clerk when a divorce action is filed. All subsequent documents filed in the case must include the index number. Filing fees in New York Supreme Court are required to obtain an index number.
Interrogatories
Written questions submitted to the opposing party during discovery that must be answered under oath within a set time period. Used to identify assets, income, and other relevant information.
Irretrievable Breakdown
The statutory no-fault ground for divorce in New York, codified at DRL §170(7). A spouse need only swear that the marriage has been irretrievably broken for at least six months. No proof of fault is required, and the other spouse cannot contest the ground itself.
J
Joint Legal Custody
An arrangement in which both parents share the right and responsibility to make major decisions about their child's upbringing, including education, healthcare, and religious instruction, regardless of where the child primarily lives.
Judgment of Divorce
The final court order that legally dissolves the marriage. A Judgment of Divorce incorporates the Settlement Agreement (or Stipulation of Settlement) and sets forth the court's orders on all issues. The parties are legally divorced once the Judgment is signed and entered by the court.
L
Law Guardian
The former term used in New York for the attorney appointed to represent a child in custody proceedings. The role is now formally titled Attorney for the Child (AFC). The term "law guardian" is still used informally but has been replaced in statutes and court rules.
Legal Separation
A formal arrangement allowing spouses to live apart and define their financial and custody rights without dissolving the marriage. In New York, most legal separations are accomplished through a Separation Agreement.
M
Maintenance
New York's term for spousal support (also called alimony). Courts may award temporary maintenance during the divorce proceeding and/or post-divorce maintenance based on statutory guidelines and equitable factors.
Majauskas Formula
The method New York courts use to calculate a non-employee spouse's share of the other spouse's pension or retirement benefit. Named for Majauskas v. Majauskas (1984), the formula is: one-half times (years of plan participation during the marriage ÷ total years of plan participation at retirement).
Marital Debt
Debts incurred by either or both spouses during the marriage, which are generally subject to equitable distribution just as marital assets are. Courts consider who incurred the debt, its purpose, and who benefited in allocating responsibility between the parties.
Marital Home
The primary residence occupied by the spouses during the marriage. Disposition of the marital home is often the most emotionally and financially significant issue in a divorce. Options include a sale with divided proceeds, one spouse buying out the other, or a deferred sale (e.g., until the youngest child reaches a certain age).
Marital Property
Assets and debts acquired during the marriage, regardless of whose name they are in. Marital property is subject to equitable distribution in a New York divorce.
Modification
A court-approved change to an existing custody, visitation, or support order. To obtain a modification, the requesting party must generally show a substantial change in circumstances since the original order was entered.
Motion
A formal written request asking the court to issue a ruling or take an action. Motions may be made for temporary support, custody pendente lite, discovery compliance, summary judgment, and many other issues. Each motion requires a Notice of Motion, supporting affidavits, and a memorandum of law.
N
Net Worth Statement
A sworn financial disclosure form required in New York divorce proceedings that sets out each party's income, expenses, assets, and liabilities. Both parties must complete and file this form.
No-Fault Divorce
A divorce granted without either party needing to prove the other was at fault for the breakdown of the marriage. New York adopted no-fault divorce in 2010, allowing either spouse to obtain a divorce by alleging an irretrievable breakdown of the marriage for at least six months.
Non-Custodial Parent
The parent with whom the child does not primarily reside. The non-custodial parent typically pays child support and has parenting time (visitation) with the child.
O
Order of Protection
A court order that restricts a person's contact with or behavior toward another person, typically issued in cases involving domestic violence, harassment, or threats. Violations can result in criminal charges.
Order to Show Cause
An emergency motion that bypasses the normal notice period and requires the opposing party to appear in court quickly to explain why the requested relief should not be granted. Used when immediate court action is needed — for example, to prevent the dissipation of assets or address an emergency custody situation.
P
Parental Alienation
A pattern of behavior by one parent that undermines a child's relationship with the other parent — through disparagement, interference with parenting time, or efforts to turn the child against the other parent. Courts take parental alienation seriously; documented alienation can result in custody modification or other sanctions.
Parenting Plan
A detailed written agreement or court order specifying how parents will share time with their children and how they will make major decisions. A good parenting plan addresses regular schedules, holidays, vacations, school, medical decisions, and dispute resolution.
Parenting Time
The time a child spends with each parent under a custody arrangement. The term has largely replaced "visitation" in New York practice, reflecting the view that both parents have meaningful roles in their children's lives regardless of which parent has primary physical custody.
Pendente Lite
Latin for 'while the litigation is pending.' Pendente lite orders are temporary court orders — covering support, custody, or use of the marital home — that apply during the divorce proceeding until a final judgment is entered.
Physical Custody
The arrangement governing where a child lives. A child may have one primary residence (sole physical custody) or divide time between both parents' homes (joint physical custody or shared parenting).
Plaintiff / Defendant
In a New York divorce, the spouse who files the action is the Plaintiff and the other spouse is the Defendant. The distinction does not affect the outcome on the merits — courts do not favor the Plaintiff — but it determines who initiates the paperwork and pays the initial filing fee.
Postnuptial Agreement
A written contract entered into by spouses after they are married, addressing how assets, debts, and other financial matters will be handled during the marriage or in the event of divorce or death. Like a prenuptial agreement, it must be in writing, signed voluntarily, and based on full financial disclosure to be enforceable.
Prenuptial Agreement
A written contract between prospective spouses executed before marriage, specifying how assets, debts, and other financial matters will be handled in the event of divorce or death. New York courts enforce prenuptial agreements if they are in writing, signed voluntarily, and accompanied by full disclosure of each party's financial circumstances.
Pro Se
A Latin term meaning "for oneself." A pro se litigant represents themselves without an attorney. New York courts have self-help resources for pro se divorce filers, but the process is complex, and errors in paperwork can cause significant delays or result in unfavorable outcomes.
Q
QDRO (Qualified Domestic Relations Order)
A specialized court order required to divide employer-sponsored retirement plans (401(k)s, pensions, 403(b)s) in a divorce. The QDRO instructs the plan administrator to pay a specified portion of the account to the alternate payee without triggering immediate taxes or penalties.
R
Relocation
A proposed move by the custodial parent to a location that would significantly impair the non-custodial parent's access to the child. Under New York law (Tropea v. Tropea), courts weigh the reasons for the move, the impact on the child's relationship with each parent, and the child's best interests before approving or denying relocation.
Request for Judicial Intervention (RJI)
A form filed with the court that triggers the assignment of a judge to a case. In New York matrimonial proceedings, an RJI must be filed when seeking court-ordered relief — such as a pendente lite order — or when the case is ready to be placed on the court's calendar.
Retainer Agreement
The written contract between an attorney and client setting out the scope of representation, billing rates, payment terms, and the client's rights and obligations. New York law requires written retainer agreements in matrimonial matters. Review the retainer carefully before signing.
S
Separate Property
Property owned by one spouse that is not subject to equitable distribution in divorce. This typically includes property owned before the marriage, inheritances and gifts received during the marriage, and property excluded by a valid prenuptial agreement.
Separation Agreement
A legally binding contract between spouses that addresses all issues arising from separation and/or divorce, including property division, debt allocation, spousal support, child custody, and child support. Once properly executed, it can be incorporated into a divorce judgment.
Service of Process
The formal procedure by which legal papers — such as a Summons with Notice — are delivered to the opposing party to give them notice of the legal action and an opportunity to respond. In New York, personal service by a process server is generally required to commence a divorce action.
Sole Custody
An arrangement in which one parent has both legal and physical custody of a child. True sole custody — where the non-custodial parent has no legal decision-making authority — is relatively rare in New York and generally reserved for cases involving abuse, neglect, or inability to cooperate.
Stipulation
A written agreement between the parties to a lawsuit, often resolving specific contested issues without a court hearing. Stipulations are submitted to the court for approval and incorporation into an order.
Subpoena
A court order requiring a person or entity to produce documents or testify in a legal proceeding. In divorce, subpoenas are used to obtain financial records from banks, employers, and other third parties.
Summons with Notice
The initial document filed by the plaintiff to begin a divorce action in New York. It notifies the defendant that a divorce action has been commenced and briefly identifies the grounds and relief sought.
Supervised Visitation
A court-ordered arrangement requiring that a parent's time with a child occur in the presence of a neutral third party — such as a relative, social worker, or visitation center. Ordered when the court has concerns about a parent's ability to care for or protect the child during unsupervised time.
T
Temporary Order
A court order entered during the pendency of a divorce proceeding that governs the parties' rights and obligations until a final judgment is issued. Temporary orders may address custody, support, use of the marital home, and payment of expenses.
Trial
The final evidentiary hearing in a contested divorce, held before a judge (divorce cases in New York are not tried before a jury). Each side presents witnesses, introduces evidence, and makes legal arguments. A trial is the most expensive and time-consuming path to resolution and is typically reserved for cases where settlement is not possible.
U
UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act)
A uniform law adopted by New York that governs which state has jurisdiction to make and modify child custody orders when parents live in different states. Generally, a child's "home state" — where they lived for the six months preceding the filing — has jurisdiction.
Uncontested Divorce
A divorce in which both parties agree on all issues, including property division, custody, support, and any other outstanding matters. Uncontested divorces proceed more quickly and at lower cost than contested divorces.
V
Vacate
To set aside or nullify a prior court order or judgment. A party may move to vacate a default judgment, a stipulation entered under duress, or other orders on various grounds. The standard for vacating a final judgment is high and requires compelling justification.
Venue
The geographic location of the court where a case is filed and heard. In New York, a divorce action is generally filed in the Supreme Court of the county where either spouse resides. Improper venue is usually waivable and does not affect the court's jurisdiction.
Visitation
The time a non-custodial parent (or other person, such as a grandparent) spends with a child. Now often referred to as 'parenting time' to reflect a less adversarial framing.
W
Wasteful Dissipation
See Dissipation. The intentional destruction, misuse, or transfer of marital assets to reduce the marital estate available for distribution.
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