Glossary

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

• Separate property: all property which is not community property. This typically includes property acquired before marriage (pre-marital) or post-separation as well as inheritances and gifts.
  
  
• Separation: many people confuse the idea of separating (living apart) from Legal Separation. It’s legal to live separately, but some people need help in figuring out who will pay which joint bills, where the children will spend their time, and how you’ll handle support while you’re separated and either working on reconciliation or deciding to get divorced. Mediators can be very helpful in facilitating your discussions about these tough issues, especially when your separation is new. Legal Separation is a legal term which describes a process which is very similar to divorce, with the same rights and responsibilities, but which does not result in your being divorced at the end. Some people choose Legal Separation for religious reasons, or in order to stay on a spouse’s health insurance plan.
  
  
• Separation agreement: a written document that outlines the financial, support, and custody arrangements which is signed by both parties and approved by the court.
  
  
• Separation and divorce: many people confuse the idea of separating (living apart) from Legal Separation. It’s legal to live separately, but some people need help in figuring out who will pay which joint bills, where the children will spend their time, and how you’ll handle support while you’re separated and either working on reconciliation or deciding to get divorced. Mediators can be very helpful in facilitating your discussions about these tough issues, especially when your separation is new. Legal Separation is a legal term which describes a process which is very similar to divorce, with the same rights and responsibilities, but which does not result in your being divorced at the end. Some people choose Legal Separation for religious reasons, or in order to stay on a spouse’s health insurance plan.
  
  
• Serve divorce papers: when a divorce is started, a Petition or Complaint is filed with the court. That document needs to be given to the other party, which is called Service of Process. This insures that all parties to the divorce are aware that papers have been filed with the court, giving them an opportunity to respond and participate in the case.
  
  
• Spouse: person to whom you are [legally] married.
  
  
• Stepped Up Basis: refers to the value at the time of the death of an owner or co-owner. Rather than using the original purchase price, the deceased owner’s basis is calculated as the value as of date of death.
  
  
• Stipulated Judgment: Final settlement agreement which is submitted to the court in a divorce in which all issues are settled. Your signed Stipulated Judgment paperwork is submitted to the court for approval. Many cases which are mediated result in an uncontested divorce, and the spouses aren’t even required to go to court.
  
  
• Successor trustee: person or legal entity who takes over when the first named trustee steps down or is unable to fulfill his or her trustee duties.