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Glossary of Divorce Terms

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

Marital Misconduct: More than Adultery, can consist of any of the following which may occur during the marriage and prior to or on the day of separation: illicit sexual behavior; involuntary separation due to a criminal act; abandonment without the intention of resuming cohabitation; barring access to the home of a spouse by the other spouse, maliciously; cruel or endangering actions toward a spouse by the other spouse; domestic violence, abuse, humiliation, unacceptable behavior; reckless spending; substance abuse; failure to provide subsistence.

Marital Property: All real or personal property presently owned and acquired by either spouse during the marriage and prior to the date of separation.

Mediation: The use of a trained mediator to help two parties resolve their issues. Can be held with or without the presence of attorneys. A mediator does not have decision making authority; therefore mediation is only binding where a compromise is reached resulting in signed court orders or agreements.