Divorce comes with its own vocabulary. Some terms are borrowed from general legal use, others are specific to family law. Getting comfortable with the words that come up most often makes the entire process easier to navigate — you can read a court form or speak with a professional without stopping every few sentences to figure out what something means.
Whether you are just starting to research your options or are already partway through the process, this guide covers the terms that appear in almost every California divorce case.
Related Reading: What Documents Are Needed for Divorce Filing?
Petitioner & Respondent
The petitioner is the spouse who files the divorce case first. The respondent is the other spouse — the one who receives the petition and must respond to it.
These are simply role labels, not indicators of fault or advantage. Either spouse can be the petitioner. In California, a no-fault divorce state, being the petitioner carries no legal advantage over being the respondent.
Dissolution of Marriage
Dissolution of marriage is the official legal term for divorce in California. When you see the form titled Petition for Dissolution of Marriage (FL-100), that is your divorce petition. In California family law, the terms divorce and dissolution are used interchangeably.
External Resource: California Courts — Divorce or Legal Separation Overview
Legal Separation
Legal separation is a related but distinct process. In a legal separation, the court divides property, sets support orders, and addresses custody — but the marriage itself remains legally intact. The parties are still legally married after a legal separation, even though their financial lives have been formally separated.
Some couples choose legal separation over divorce for religious reasons, insurance coverage reasons, or because they are not yet ready to permanently end the marriage.
Related Reading: What Is a Legal Separation?
Community Property
Community property refers to any property acquired by either spouse during the marriage, with limited exceptions. California is a community property state, meaning the general rule is that community property is divided equally at divorce.
Examples of community property include:
- Wages earned during the marriage
- A home purchased during the marriage
- Retirement contributions made during the marriage
External Resource: California Family Code § 760 — Community Property Presumption
Separate Property
Separate property belongs solely to one spouse and is not divided at divorce. It includes:
- Property owned before the marriage
- Gifts received by one spouse during the marriage
- Inheritances received by one spouse during the marriage
The line between community and separate property can become complicated when separate property is mixed with marital assets, or when community efforts increase the value of separate property. These situations often require careful documentation to resolve.
Legal Custody
Legal custody is the authority to make major decisions about a child’s life, including:
- Education and schooling
- Healthcare and medical treatment
- Religious upbringing
Legal custody can be:
- Joint — Both parents share decision-making authority
- Sole — One parent has final decision-making authority
Related Reading: Child Custody Paperwork in California
Physical Custody
Physical custody determines where the child primarily lives. Like legal custody, it can be:
- Joint — The child spends significant time with both parents (not always a 50/50 split)
- Sole — The child lives mainly with one parent, and the other parent has visitation rights
Parenting Time
Parenting time (also called visitation) is the actual schedule of when the child is with each parent. This schedule is typically broken down by:
- Weekdays and weekends
- Holidays and school breaks
- Summer and vacation periods
Parenting time works alongside custody labels to define the overall co-parenting arrangement.
Related Reading: Parenting Time vs. Child Custody — Key Differences
External Resource: California Courts — Parenting Plans and Schedules
Child Support
Child support is money paid by one parent to the other for the financial care of a child. California uses a statewide formula — called the guideline formula — to calculate the appropriate amount, based on:
- Both parents’ incomes
- The percentage of time each parent has the child
Judges almost always order the guideline amount unless there is a compelling reason to deviate from it.
Related Reading: How to File Child Support in California
Spousal Support
Spousal support (sometimes called alimony) is money paid by one spouse to the other after separation or divorce. There are two types:
- Temporary spousal support — Set during the divorce case to maintain financial stability while the case is pending
- Long-term spousal support — Set at the conclusion of the case; duration depends on the length of the marriage and other factors the court weighs
Related Reading: Spousal Support Paperwork Explained
External Resource: California Courts — Spousal or Partner Support
Date of Separation
The date of separation is the date the marriage effectively ended in a practical sense — even if the legal divorce takes months or years to finalize. This date matters because:
- Property earned after the date of separation is generally considered separate property
- Property earned before the date of separation is generally community property
The date of separation is frequently disputed in cases where the couple continued living together after deciding to divorce.
Financial Disclosure
Financial disclosure is the mandatory exchange of financial information between both spouses during a California divorce case. The required documents include:
- Schedule of Assets and Debts (FL-142)
- Income and Expense Declaration (FL-150)
- Copies of recent tax returns
Both spouses must fully and accurately complete these disclosures. The court cannot issue a final judgment without them.
Related Reading: Divorce Financial Disclosure Requirements Explained
External Resource: California Courts — Financial Disclosure in Divorce
Judgment & Marital Settlement Agreement
The judgment is the final court order that officially ends the divorce case. It contains all the terms of the divorce, including any marital settlement agreement (MSA) the parties have signed.
A marital settlement agreement is the written contract between the two spouses that spells out how they have agreed to handle property division, support, and custody. Once signed and approved by the court, it becomes a legally binding part of the final judgment.
Related Reading: What Is a Marital Settlement Agreement?
Default
A default occurs when the responding spouse fails to file a response within 30 days of being served with divorce papers. When this happens, the petitioner can proceed with the case without input from the other side.
A default judgment can be set aside in some circumstances, but doing so is more complicated than simply responding within the original deadline.
Related Reading: What Happens After Divorce Papers Are Filed?
Ex Parte
Ex parte refers to a request made to the court by one party without the usual advance notice to the other side. Ex parte orders are reserved for genuine emergencies — such as immediate safety concerns — and require a strong showing that regular notice would cause harm.
Frequently Asked Questions
Q: What is the difference between dissolution and divorce in California?
They are the same thing. “Dissolution of marriage” is the legal term used in California courts, while “divorce” is the everyday term most people use.
Q: Does it matter who files first in a California divorce?
Generally, no. California is a no-fault state, and filing first does not give one spouse a legal advantage over the other.
Q: Can I get divorced without a lawyer in California?
Yes. Many California residents handle uncontested divorces without an attorney. A Legal Document Assistant can prepare your paperwork accurately without charging attorney fees.
Q: What happens if my spouse ignores the divorce papers?
If your spouse does not respond within 30 days, you may be eligible to proceed by default. Read more in our guide: What Happens After Divorce Papers Are Filed?
The Big Picture
Knowing the vocabulary of divorce makes the process feel far less foreign. Court forms make more sense when you understand the terms on them. Conversations with professionals become easier when you can follow the language being used. And the overall steps of the case fit into a recognizable pattern.
Nobody needs to memorize an entire legal dictionary. But getting comfortable with these core terms goes a long way toward making your case less confusing and more manageable.
Need Help With Divorce Paperwork in California?
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This article is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed California family law attorney.
