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ABSOLUTE DIVORCE: the final ending of a marriage. Both parties are legally free to remarry.

ACTION: a lawsuit or proceeding in a court of law or equity.

AFFIDAVIT: a written statement under oath executed before a Notary Public.

AGREEMENT: a verbal or written resolution of disputed issues.

ANSWER: the written response to a complaint, petition, or motion.

ALIMONY: a payment of support provided by one spouse to the other.

ALIAS SUMMONS: another summons issued when the original is not served on the defendant.

ANNULMENT: a marriage can be dissolved in a legal proceeding in which the marriage is declared void, as though it never took place. In the eyes of the law, the parties were never married. It is available only under certain limited circumstances.

APPEAL: a legal action where the losing party requests that a higher court review the decision.

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COLLUSION: an agreement between two or more persons that one of the parties brings false charges against the other. In a divorce case, the husband and wife may agree to use adultery as a ground in order to obtain a divorce more quickly, knowing full well that adultery was not committed. Collusion is illegal.

COMPLAINANT: the one who files the suit, same as plaintiff.

COMMINGLING: Separate property that has been "commingled with the joint marital estate" also becomes marital property subject to equitable distribution. Johnson v. Johnson, 650 So.2d 1281, 1286 (Miss. 1994). "Assets which are classified as non-marital, such as inheritances, may be converted into marital assets if they are commingled with marital property or utilized for domestic purposes, absent an agreement to the contrary." Boutwell, 829 So.2d at 1221 (¶20) (citing Heigle v. Heigle, 654 So.2d 895, 897 (Miss. 1995)).

COMMON LAW MARRIAGE: a common law marriage comes about when a man and woman who are free to marry agree to live together as husband and wife without the formal ceremony. to be common law married, both spouses must have intended to be husband and wife. Many states, including Mississippi, do NOT recognize common law marriages.

COMPLAINT:  the legal paper that starts a case.

CONDONATION: the act of forgiving one's spouse who has committed an act of wrongdoing that would constitute a ground for divorce. Condonation generally is proven by living and cohabiting with the spouse after learning that the wrongdoing was committed. It often is used as a defense to a divorce.

CONTEMPT: failure to follow a court order. One side can request that the court determine that the other side is in contempt and punish him or her.  Penalties for contempt may include incarceration.

CORROBORATIVE WITNESS: a person who testifies for you and backs up your story. If you are asking the court to grant a divorce based upon fault grounds, you must bring to the hearing a witness who can corroborate your grounds for divorce.  Furthermore, some courts require a corroborative witness for irreconcilable differences divorces.

CUSTODY-SOLE & JOINT: refers to the legal arrangements for whom a child will live with and how decisions about the child will be made. Custody has two parts: legal and physical. Legal custody is the decision-making part. Physical custody refers to where the child lives on a regular basis. Generally, the parent the child does not live with will be allowed to have regular visits with the child.  The standard for custody is "best interest of the child".

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DEFAULT: a party's failure to answer a complaint.  In Mississippi, a divorce cannot be taken by default.

DEFENDANT: the person the case is brought against.

DISCOVERY: a way for getting information from the other side or other people. Examples of discovery are interrogatories (written questions) and depositions (questions which are usually in person and recorded).

DISSOLUTION: the legal end of a marriage.

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FILING: giving the clerk of Court your legal papers to be filed.

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GROUNDS FOR DIVORCE: the legal basis for a divorce; the law sets out specific reasons for a divorce which have to be proven before the court can grant a divorce.

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Habitual cruel and inhuman treatment: a statutory ground for divorce in Mississippi that is defined as conduct that (1) endangers life, limb or health or creates a reasonable apprehension of such danger, rendering the relationship unsafe for the party seeking relief, or (2) is so unnatural and infamous as to make the marriage revolting to the offended spouse and render it impossible for that spouse to discharge the duties of the marriage, thus destroying the basis for its continuance. Boutwell v. Boutwell, 829 So.2d 1216, 1220 (¶14) (Miss. 2002).

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JUDGMENT: a court's decision.

JURISDICTION: the authority of the court to hear a case.

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MARITAL PROPERTY: includes all property acquired during the marriage, with certain limited exceptions, i.e. uncommingled inheritance.

MASTER: hears cases like a judge. A master's decision is subject to review by a judge before becoming final.

MOTION: a request to the court.

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PENDENTE LITE: temporary arrangements for custody, child support, child visitation, alimony, use and possession of the family home, attorneys fees, etc., until a Final Judgment.

PETITION: a legal paper that starts a case.

PLAINTIFF: the person who started the case.

PRO SE: representing yourself in court without an attorney.

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RECONCILIATION: married people getting back together.

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SEPARATE MAINTENANCE: "Separate maintenance is a 'court-created equitable relief based upon the marriage relationship." Lynch v. Lynch, 616 So.wd 294, 296 (Miss.1993) (quoting Robinson v. Robinson, 554 So.2d 300, 303 (Miss. 1989)). "It is well-established that '[a] decree for separate maintenance is a judicial command to the husband to resume cohabitation with his wife, or in default thereof, to provide suitable maintenance of her until such time as they may be reconciled to each other.'" Lynch, 616 So.2d at 296 (quoting Bunkley & Morse, Amis on Divorce and Separation in Mississippi, § 7.00 (2d ed. 1957)).

SERVICE OF PROCESS:  legal presentation of a copy of the papers being filed to the other side.

SPOUSE: husband or wife.

SUBPOENA: a form issued by the court requiring someone to appear in court and/or bring documents.

SUMMONS: a form issued by the court to notify a party that a lawsuit has been filed against him or her and notifying the party that an Answer should be filed.

RULE 81 SUMMONS: a type of summons, unique to Mississippi, issued by the court to notify a party of a date, time, and place for hearing and requiring the party to appear in court

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VENUE: the county where the case is heard.

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