A Simple Guide to Family Law Terms

1. Arrears – The amount of child support in delinquency (that has not been paid as ordered).

2. Common law marriage – An informal marriage that occurs if the parties have an agreement to be married, regardless of a ceremony or marriage license, they hold themselves out in public as husband and wife and they have lived together. The law presumes that there is no common law marriage if the parties have been separated for more than two years. If it is determined that a common law marriage exists, a divorce will be necessary.

3. Community property – Property that belongs to both spouses by virtue of the marriage. Includes all property acquired after the date of the marriage excluding gifts and property received by inheritance (descent). Only a handful of states are “community property” states and Texas is one of them.

4. Conservatorship – Another term for custody.

5. Contempt – Disobeying a court order. A finding of contempt may result in arrest in some cases, such as the failure to pay child support.

6. Contested divorce – A divorce action in which the parties do not agree on the issues and it is necessary to present the issues to the Court for a final disposition.

7. Joint managing conservatorship – Both parties share the same rights and duties toward the children. One of the parties is designated “primary conservator” which gives him or her the right to determine the residence of the children. The other party is designated “possessory conservator” and usually is the one that has visitation and pays the child support and health insurance for the children.

8. Jurisdiction – The power of a court to hear a case. A court must have the power over the matter itself and over the parties to the action.

9. Mediation – Procedure to try to obtain a settlement in a case. Usually each side is placed in a separate room and professional intermediary visits with both sides to facilitate a negotiation of the issues. If a resolution is achieved, it will be binding on the parties.

10. Obligee – A person ordered by the Court to receive child support from the obligor.

11. Obligor - A person ordered by the Court to pay child support.

12. SAPCR; Acronym for Suit Affecting the Parent Child Relationship. It accompanies every divorce involving minor children and includes the issues of conservatorship and visitation, among others. A SAPCR can be filed without a divorce but a divorce with children cannot be filed without a SAPCR.

13. Separate property – Property acquired before marriage by one of the spouses. Property received at any time by gift or inheritance (descent).

14. Sole managing conservatorship – When one of the parties has the full custody of the children. The other conservator has lesser rights and duties toward the children.

15. Spousal maintenance – A periodic payment from future income ordered in a divorce for the support of the other spouse.

16. Standing order – An order that all the judges in a jurisdiction sign that applies to every case. In Travis County, there is a standing order that is attached to the divorce petition at the time of filing. It establishes the rules that all parties must follow from the moment the divorce process is started. Some items include not destroying property, and not hiding the children from the other party.

17. Temporary orders – Orders entered during the pendency of the divorce to determine who will have temporary custody of the children, the amount of child support, visitation, and the rights to property pending a final order.

18. Uncontested divorce – A divorce action in which both parties agree to all the terms of the divorce. An agreed divorce.

19. Waiver of service – A legally binding document by which the party that signs it gives up the right to be notified of any hearings or court dates that might take place in the case. You should not sign a waiver of service without calling us first.