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Marital Home

The place in which the parties were last residing together, whether owned by the parties or otherwise.

Marital Estate

All assets and liabilities owned by a couple, whether held jointly or individually, no matter when they were acquired.

Legal Custody (see also, “physical custody”)

The legal right to be a parent through making decisions for your child and the ability to obtain information about your child from relevant parties such as schools and doctors.

Jurisdiction

A Court’s ability to hear and resolve matters based on the geographic location, individuals involved, and the nature of the issues at hand.

Irretrievable Breakdown

The term used to describe the condition of the relationship in a “no-fault” divorce—that the parties’ relationship is beyond reconciliation.

Family Law

A broad term used to describe the area of law governing families including prenuptial agreements, paternity, child custody and support, adoption, and divorce.

Equitable Division

The form of property division Massachusetts applies in divorce. Legal shorthand for “fair and reasonable,” as defined by the parties’ contributions to the marital estate, whether through paid labor or homemaking.

Divorce Nisi (see also, “Nisi Period”)

The initial divorce, at which point a Court has found that the parties’ relationship is irreconcilable and they have a fair and reasonable agreement outlining their rights and obligations from that point forward. A judgment of Divorce Nisi triggers the Nisi Period.

Divorce Absolute

The point at which a divorce becomes final, allowing former spouses to resume their lives as legally single individuals with all the rights and obligations (including the right to remarry) that come with that status.

Defendant

The party against whom a contested case is filed.