Family Law Glossary
Family Law Glossary: Kentucky and Tennessee Terms
Plain-language definitions of the family law terms used in Kentucky and Tennessee divorce, custody, child support, and protective order cases. Kentucky and Tennessee use different words for many of the same things: Kentucky says dissolution of marriage, maintenance, and timesharing, while Tennessee says complaint for divorce, alimony, and permanent parenting plan.
General Terms
Terms used in both Kentucky and Tennessee family law.
- Alimony
- Money one spouse pays to support the other after a divorce. Tennessee uses the term alimony. Kentucky calls it maintenance.
- Arbitration
- A process in which a neutral third person hears both sides and makes a decision. It is less formal than a trial.
- Best interests of the child
- The standard Kentucky and Tennessee courts use to decide custody, parenting time, and parenting plans.
- Child support guidelines
- Statewide formulas Kentucky and Tennessee use to calculate child support, based on both parents' incomes.
- Collaborative law
- A process in which each spouse hires an attorney to negotiate a settlement. If the case does not settle and goes to court, the collaborative attorneys withdraw and each spouse must hire new counsel.
- Contested divorce
- A divorce in which the spouses disagree on one or more issues, such as property, support, or custody.
- Decree
- The final court order that ends a marriage and resolves the issues in the case.
- Discovery
- The formal exchange of information and documents between the parties before a hearing or trial.
- Early neutral evaluation
- A non-binding process in which an experienced neutral person gives both sides a confidential opinion on the likely outcome of the case, to encourage settlement.
- Engagement agreement
- The signed agreement between a client and the firm. An attorney-client relationship is formed only when it is signed.
- Ex parte
- A court order issued without the other party present, usually on an emergency and temporary basis until a hearing.
- Guardian ad litem
- An attorney appointed by the court to represent a child's best interests in a case.
- Home state
- The state where a child lived with a parent for at least six consecutive months immediately before a custody case began. The home state generally has authority to make the first custody decision.
- Mediation
- A process in which a neutral mediator helps the parties negotiate and reach their own agreement. The mediator does not make decisions for the parties.
- Modification
- A change to a custody, timesharing, parenting plan, or support order after it has been entered.
- Physical custody
- The physical care and supervision of a child.
- Post-decree
- Issues that arise after a final decree, such as modifying custody or support or enforcing the decree.
- Pro se
- Representing yourself in court without an attorney.
- Staged flat fee
- Wise & Associates' billing structure: a set upfront fee, with mediation, court appearances, and trial priced as separate stages before each begins. No hourly billing.
- UCCJEA
- The Uniform Child Custody Jurisdiction and Enforcement Act, adopted in both Kentucky and Tennessee. It decides which state's court can make and enforce custody orders.
- Uncontested divorce
- A divorce in which the spouses agree on all issues and sign a written agreement.
Kentucky Terms
Terms used in Kentucky cases, handled by the Louisville office.
- De facto custodian
- A person who has been a child's primary caregiver and financial supporter for a set period (six months for a child under three, one year for a child three or older) and can be treated like a parent in a custody case.
- Dissolution of marriage
- Kentucky's legal term for divorce.
- DVO (domestic violence order)
- A Kentucky protective order entered after a hearing, for cases between family members or members of an unmarried couple. It can last up to three years and can be renewed.
- EPO (emergency protective order)
- A Kentucky protective order a judge can issue before a hearing when there is an immediate danger.
- IPO (interpersonal protective order)
- A Kentucky protective order for dating violence, sexual assault, or stalking. It can last up to three years.
- Irretrievably broken
- The only ground for divorce in Kentucky. It means the marriage cannot be saved. Kentucky is a no-fault state.
- Jefferson Family Court
- The court that hears divorce, custody, child support, and protective order cases in Louisville and Jefferson County.
- Joint custody
- Both parents share legal decision-making for the child. Kentucky starts from a rebuttable presumption that joint custody is in the child's best interests.
- Maintenance
- Kentucky's term for spousal support, also called alimony.
- Marital property
- In Kentucky, property acquired by either spouse during the marriage, with some exceptions. It is divided in just proportions.
- Nonmarital property
- In Kentucky, property that belongs to one spouse alone, such as property owned before the marriage or received as a gift or inheritance. Each spouse keeps nonmarital property.
- Petition for dissolution of marriage
- The document that starts a Kentucky divorce. The spouse who files is the petitioner, and the other spouse is the respondent.
- Separation agreement
- The written agreement spouses sign in a Kentucky divorce covering property, debt, maintenance, and, if there are children, custody, timesharing, and support.
- Sole custody
- One parent has legal decision-making authority for the child.
- Timesharing
- Kentucky's term for the schedule of time each parent spends with the child.
Tennessee Terms
Terms used in Tennessee cases, handled by Wise Law in Nashville.
- Alternative residential parent
- In Tennessee, the parent with whom the child lives less than half the time under a parenting plan.
- Chancery Court and Circuit Court
- In Davidson County, divorce cases are filed in Circuit Court or Chancery Court, depending on the case type.
- Complaint for divorce
- The document that starts a Tennessee divorce.
- Irreconcilable differences
- Tennessee's no-fault ground for divorce. It requires the spouses to sign a marital dissolution agreement. An agreed divorce on this ground has a waiting period of 60 days without minor children and 90 days with minor children.
- Marital dissolution agreement (MDA)
- The written agreement spouses sign in an agreed Tennessee divorce, covering property, debt, and alimony.
- Order of protection
- A Tennessee protective order for victims of domestic abuse, stalking, or sexual assault. After a hearing, it can last up to one year and can be extended.
- Permanent parenting plan
- The Tennessee court order that sets each parent's residential time and decision-making for the children, and names the primary residential parent.
- Primary residential parent
- In Tennessee, the parent with whom the child lives more than half the time under a parenting plan.
- Types of alimony (Tennessee)
- Tennessee alimony may be rehabilitative (to help a spouse become self-sufficient), transitional (for a period of adjustment), in futuro (long-term periodic support), or in solido (a fixed total amount).
These definitions are general information, not legal advice. How a term applies depends on the facts of your case.
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