Divorce & Family Law Glossary
Divorce and custody proceedings use specialized legal language. This glossary explains the terms you will encounter in Pennsylvania family court.
Alimony
Financial support paid by one former spouse to the other after a divorce is finalized. In Pennsylvania, courts consider 17 factors (23 Pa.C.S.A. § 3701) when deciding whether to award alimony, including the length of the marriage, earning capacities, and each spouse's needs. Alimony is separate from APL (see below), which covers support during the divorce process.
Alimony Pendente Lite (APL)
Temporary spousal support paid during the divorce proceedings to allow the lower-earning spouse to participate in the litigation. APL is calculated at 40% of the difference in net incomes (30% if the payee also receives child support). It ends when the divorce decree is entered.
Best Interest of the Child
The legal standard used in all Pennsylvania custody decisions. Courts weigh 16 statutory factors under 23 Pa.C.S.A. § 5328 — including parental fitness, stability, sibling relationships, and each parent's willingness to foster the child's relationship with the other parent — to determine what arrangement best serves the child's physical, emotional, and developmental needs.
Child Support
Financial payments from one parent to the other for the care and maintenance of minor children. Pennsylvania uses income-share guidelines based on both parents' net incomes and the number of children. Support is calculated using the statewide schedule in Pa.R.C.P. 1910.16-1 et seq. Orders are enforced by the Allegheny County Domestic Relations Section.
Complaint in Divorce
The formal document that initiates a divorce case in Pennsylvania. Filed with the Court of Common Pleas, it identifies the parties, the grounds for divorce, and any related claims (custody, support, equitable distribution). The complaint must be properly served on the other spouse.
Conciliation Conference (Custody)
A mandatory first step in Allegheny County custody cases where a court-appointed conciliator helps parents try to reach a custody agreement before going to trial. If the parties agree, the conciliator drafts a consent order. If they do not, the case proceeds to a custody hearing or trial.
Consent Decree
A court order that reflects an agreement between both parties. In divorce, a consent decree might resolve property division, custody, or support issues without a contested hearing. Once signed by the judge, a consent decree is enforceable like any other court order.
Contempt of Court (Family Law)
Willful disobedience of a family court order — most commonly custody, support, or PFA orders. A parent who repeatedly violates a custody schedule or fails to pay court-ordered support can be found in contempt and face fines, make-up time, or jail. You file a Petition for Contempt to ask the court to enforce its order.
Custody — Legal
The right to make major decisions about a child's life — education, medical care, religious upbringing, and extracurricular activities. Legal custody can be sole (one parent decides) or shared (both parents must agree). In Pennsylvania, shared legal custody is the default unless the court finds reason to grant it to one parent alone.
Custody — Physical
Refers to where the child actually lives. Primary physical custody means the child spends the majority of overnights with one parent. Shared physical custody means the child spends substantial time with both parents (not necessarily 50/50). Partial physical custody gives the non-primary parent scheduled time with the child.
Equitable Distribution
Pennsylvania's method of dividing marital property in a divorce. "Equitable" means fair — not necessarily 50/50. Courts weigh 11 factors under 23 Pa.C.S.A. § 3502, including the length of the marriage, each spouse's contributions, and economic circumstances. Only marital property is subject to division; separate property (pre-marriage assets, gifts, inheritances) generally is not.
Guardian Ad Litem (GAL)
An attorney or qualified professional appointed by the court to represent the best interests of a child in custody, abuse, or dependency proceedings. The GAL conducts an independent investigation — interviewing the child, parents, teachers, and therapists — and reports their findings and recommendations to the judge.
Grounds for Divorce
The legal basis for ending a marriage. Pennsylvania offers two no-fault options: mutual consent under § 3301(c), where both spouses agree, and two-year separation under § 3301(d), where one spouse does not consent but they have been separated for at least one year (reduced from two years). Fault-based grounds also exist but are rarely used.
In Loco Parentis
A legal doctrine allowing a non-parent — such as a grandparent, stepparent, or other caregiver — who has assumed a parent-like role to seek custody rights. The person must demonstrate a sustained, substantial relationship with the child and that they acted in a parental capacity with the biological parent's consent or acquiescence.
Marital Property
All property acquired by either spouse during the marriage, regardless of whose name is on the title. Includes income, real estate, retirement accounts, investments, and business interests accumulated between the date of marriage and the date of final separation. Marital property is subject to equitable distribution in a divorce.
Marital Settlement Agreement (MSA)
A written contract between divorcing spouses that settles all issues — property division, support, debt allocation, and sometimes custody — without the need for a contested trial. Once approved by the court and incorporated into the divorce decree, the MSA is legally binding and enforceable.
Mutual Consent Divorce (§ 3301(c))
Pennsylvania's fastest no-fault divorce option. Both spouses file affidavits consenting to the divorce after a 90-day waiting period from service of the complaint. No separation period is required. If both parties agree, this is the most straightforward path to a divorce decree.
Parenting Plan
A detailed written agreement or court order specifying the custody schedule, decision-making responsibilities, holiday rotation, transportation arrangements, communication rules, and dispute resolution procedures. Pennsylvania courts encourage parents to create their own parenting plan, but will impose one if they cannot agree.
Protection From Abuse (PFA)
A civil court order that prohibits an abuser from contacting, harassing, stalking, or coming near the victim. In Pennsylvania, a PFA can include eviction from the shared home, temporary custody provisions, and an order to surrender firearms. A temporary PFA can be obtained ex parte (without the abuser present) and lasts until a hearing is held, typically within 10 days.
QDRO (Qualified Domestic Relations Order)
A court order that divides retirement accounts (401(k), pensions, 403(b)) between divorcing spouses without triggering early withdrawal penalties or taxes. The QDRO must be approved by both the court and the retirement plan administrator. Each retirement account requires its own QDRO.
Relocation (Custody)
When a parent with custody wants to move a significant distance away. Under 23 Pa.C.S.A. § 5337, the relocating parent must provide 60 days' written notice. If the other parent objects, the court decides whether the move serves the child's best interest by weighing 10 statutory factors.
Separate Property
Property that is not subject to equitable distribution in a divorce. Generally includes: assets owned before the marriage, gifts received by one spouse from a third party, and inheritances — as long as they were kept separate and not commingled with marital funds. Once separate property is mixed with marital property, it can lose its protected status.
Separation (Date of)
The date one or both spouses ceased cohabiting as married partners. This date is legally significant because it determines when the accumulation of marital property stops and starts the clock for a § 3301(d) separation-based divorce. Spouses can be "separated" while living under the same roof if they have ceased the marital relationship.
Service of Process
The formal delivery of legal documents (complaint, petition, subpoena) to the other party in a lawsuit. In Allegheny County divorce cases, the complaint can be served by the sheriff, a process server, or by acceptance of service. Proper service is required before the court has jurisdiction over the responding spouse.
Two-Year Separation Divorce (§ 3301(d))
Pennsylvania's no-fault divorce option when one spouse does not consent. Requires the parties to have been separated for at least one year (previously two years — reduced by Act 102 of 2016). The filing spouse must serve a § 3301(d) affidavit swearing that the marriage is irretrievably broken and that the separation period has passed.
Disclaimer: This glossary provides general legal information about Pennsylvania law and is not legal advice. Reading this page does not create an attorney-client relationship with Rob Cowburn, Esq. or Represent Yourself, LLC. Every legal situation is unique. If you have specific legal questions about your circumstances, contact an attorney for advice.
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