• Maintenance: Previously known as alimony, maintenance is the financial support one spouse might pay to the other during and/or after the divorce

• Property Division: The process of dividing marital assets and debts, including real estate, personal property, business interests, etc. Certain types of retirement accounts, like a 401(k) or a pension, must be divided pursuant to a Qualified Domestic Relations Order (“QDRO”), which is a court order that tells the retirement plan administrator (i.e., the company managing the 401(k) or pension) how to divide the retirement benefits between the two spouses. In some cases, certain assets or debts held by a spouse may not be subject to division by the divorce court.

• Preliminary Verified Disclosure Statement (“PVDS”): This is a document that each spouse must complete early in a dissolution case. It lists important financial information, such as income, expenses, assets (like bank accounts or property), and debts. The word “verified” means the party signs it under oath, promising the information is true. This helps both sides, as well as the court, understand the couple’s financial situation so fair decisions can be made about issues such as property division, child support, and/or maintenance

• Discovery: Discovery is the fact-finding part of the process once a divorce action has been filed. Each party will have the opportunity to request that the other party answer specific questions called “interrogatories” under oath, make requests for documents, and request that the other party either admit or deny specific facts under oath.

• Motions: Motions are written documents that are filed with the court when one party in a case asks the court to make a decision about something in the case. Motions include a Notice that tells the other party and the court what issue is being brought and when; the Motion explains what the movant (the person who filed the motion) is asking the judge to do (like change custody, set child support, enforce a court order, etc.). Motions are typically presented to the court at a Court’s “motion hour” where a judge may enter an Order reflecting her decision on the motion. Judges may also decide at motion hour to schedule the motion for a hearing so the parties can present evidence to the Court before the judge makes a decision.

• Mediation: Mediation is a process where a neutral third party, called a mediator, helps parties work together to resolve disputes. This can include issues like child custody, parenting time, and dividing property. The goal is to reach a fair agreement without going to court. Mediation is confidential and focused on cooperation rather than conflict. If successful, each party ideally has some level of control in the outcome of the agreement. A mediation can often occur more
quickly in time than a trial or hearing due to the Court’s crowded calendar and most certainly can save both parties a significant amount of money in legal fees.

• Settlement Agreement: A written contract between two people (usually spouses or partners) that outlines how they will handle important issues after separating or divorcing. It’s a way for them to agree on things without going to court, or to settle their case before a trial happens. Once both parties sign the agreement, and a judge approves it, it becomes legally binding, meaning both parties must follow what it says—just like any other court order.

• Hearing: This is a formal meeting in court where a judge listens to both parties in a case regarding one or more specific issues before making a decision on those particular issues. Hearings can cover topics like child custody, support, parenting time, or property division. Each party may present evidence, speak, or have their lawyer speak for them. It’s not a full trial because it only focuses on some of the outstanding issues, but it’s an important step where the judge gathers information to make fair rulings.

• Trial: A trial in family law is the final step in a case when the parties cannot agree on issues like custody, support, or dividing property. At trial, both parties present evidence, call witnesses, and make arguments in front of a judge (there is no jury in family court). After hearing everything, the judge makes a final, legally binding decision. Trials are more formal and time-consuming than hearings.

• Decree: This is the court order that the judge signs to finalize the divorce and formally end the marriage. Until the decree has been signed by the judge, the parties are still married. When the decree is entered, the marital status of each former spouse is restored to “single” or “unmarried.” In Kentucky, the decree may also be used to change the name of one or both of the former spouses to the name they had before the marriage, or any other name they choose.