Divorce is hard. Between the emotional toll, financial uncertainty, and changes to your family dynamic, the last thing you need is a legal dictionary thrown into the mix. Yet for many people in the middle of a divorce, navigating legal language can feel like trying to read another language altogether.
Unfortunately, misunderstanding a legal term isn’t just confusing—it can cost you time, money, and even custody rights. During divorce litigation, key legal concepts carry precise meanings that may not match how you’ve heard them used in everyday life.
At Story Law, our team of trusted Bellevue divorce lawyers believes every client deserves clarity. That’s why we’ve put together this guide to the 10 most commonly misunderstood terms in Washington State divorce cases—and what they really mean.
Why Legal Terms Matter in Family Law Cases
We see it all the time: someone believes they have “sole custody,” when they actually share legal decision-making. Or they think their spouse “violated the agreement,” but the court hasn’t entered a formal judgment yet.
Even small misunderstandings can lead to:
- Poor communication with your attorney
- Delays in your case
- Signing unfair settlements
- Missing important deadlines
- Losing leverage in negotiations
Whether you’re reviewing a parenting plan or sitting for a deposition, understanding the language of family law gives you the power to make informed decisions—and protect your interests.
1. Contested vs. Uncontested Divorce
One of the first things you’ll hear is whether your divorce is “contested” or “uncontested.” Many people assume this refers to how intense or emotionally charged the divorce is—but that’s not the case.
A contested divorce simply means that the spouses do not agree on one or more key issues, such as child custody, property division, or spousal maintenance. The court must intervene to resolve those disputes.
An uncontested divorce means both parties agree on everything and are simply asking the court to approve the agreement. It doesn’t necessarily mean things were smooth or amicable—just that they were resolved without court intervention.
Even a cooperative divorce can become contested if new disagreements arise. That’s why it’s important to prepare as if your case might end up before a judge.
2. Spousal Maintenance vs. Alimony
In Washington State, the correct legal term is spousal maintenance—not alimony, which is more common in pop culture and other states.
Spousal maintenance is financial support that one spouse may be ordered to pay the other after separation or divorce. It’s designed to help the lower-earning spouse maintain a reasonable standard of living while adjusting to post-divorce life.
Maintenance is not guaranteed. Courts look at factors such as:
- The length of the marriage
- The income and earning ability of both spouses
- Whether one spouse supported the other’s education or career
- The need for financial assistance during a transition period
At Story Law, we help clients understand not just if spousal maintenance is likely—but what amount and duration are reasonable under Washington’s legal standards.
3. Community Property
Washington is a community property state, which means that all property and debts acquired during the marriage are generally considered jointly owned.
But here’s where confusion sets in: not everything acquired during a marriage is automatically community property.
For example:
- Gifts or inheritances given specifically to one spouse are usually considered separate property
- Property owned before the marriage often stays separate—unless it becomes mixed with community funds
- Business interests, retirement accounts, and real estate may contain both community and separate components
Property division can be more complicated than a 50/50 split. Understanding the nuances is crucial when preparing your financial disclosures or negotiating settlement terms.
4. Parenting Plan vs. Custody Agreement
People often talk about “custody” in general terms, but Washington courts use a more specific document called a Parenting Plan to govern custody and visitation.
A Parenting Plan includes:
- A residential schedule (when the child is with each parent)
- Provisions for decision-making (education, healthcare, etc.)
- Dispute resolution processes
- Transportation and exchange logistics
It’s not just a “custody agreement.” It’s a formal, enforceable court order. If one parent violates the terms, legal consequences can follow—including contempt proceedings.
At Story Law, we draft Parenting Plans that are detailed, enforceable, and built to reduce conflict over time.
5. Temporary Orders
When people hear the word “order” from a court, they often think of final decisions. But temporary orders are designed to provide structure and stability while your divorce is pending.
They may include:
- Who lives in the family home
- Temporary child custody arrangements
- Who pays which bills
- Temporary support or maintenance
These orders remain in place until the court issues a final ruling or approves a settlement. However, they often influence the final outcome—so they must be taken seriously and handled with care.
6. Discovery
The term discovery may sound like an investigation, but in legal terms, it refers to the formal exchange of information between both parties.
In divorce litigation, discovery ensures transparency and fairness. It includes:
- Interrogatories (written questions)
- Requests for production (bank statements, tax returns, etc.)
- Depositions (oral testimony under oath)
- Subpoenas (requests to third parties)
Discovery helps you and your divorce lawyer evaluate the facts, prepare for trial, and negotiate from a position of strength. Ignoring or resisting discovery can damage your case.
7. Deposition
Many people mistake a deposition for a court appearance. It’s actually a pre-trial tool used to gather sworn testimony from a party or witness.
During a deposition:
- You’re under oath
- Everything is recorded by a court reporter
- The testimony can be used later at trial
Your attorney may schedule a deposition to uncover inconsistencies, clarify facts, or lock the other party into a specific narrative.
Depositions are serious. If you’re asked to participate in one, your attorney should prepare you thoroughly to avoid giving unclear or harmful answers.
8. Motion to Compel
If your spouse refuses to answer discovery questions or produce requested documents, your attorney may file a motion to compel.
This is a formal request asking the court to order compliance. If granted, the court may:
- Require the other party to respond
- Award attorney’s fees for the delay
- Impose sanctions if they still refuse to comply
This motion ensures fairness in the discovery process and prevents one party from hiding critical information.
9. Judgment
“Judgment” may sound harsh, but in legal terms, it refers to the final ruling issued by the court. In divorce, the final judgment includes:
- Division of property and debts
- Spousal maintenance terms
- Parenting Plan approval
- Child support orders
Once entered by the court, a judgment becomes legally binding. It may be enforced, appealed, or modified—but it is not just a “recommendation.” It defines your post-divorce reality.
10. Modification
A common misunderstanding is that once your divorce is finalized, nothing can be changed. In reality, you may request a modification to certain court orders—if circumstances have changed substantially.
You may seek a modification to:
- Parenting time
- Child support
- Spousal maintenance (unless it’s explicitly non-modifiable)
Modifications require a legal process. Informal agreements between parents may not be enforceable unless approved by the court.
How Story Law’s Divorce Lawyers Can Help Clarify Your Case
At Story Law, we understand that legal terminology can overwhelm even the most prepared client. That’s why we take time to explain every document, every hearing, and every legal term you encounter.
From your initial consultation through trial or settlement, our goal is to keep you informed and empowered. We help Bellevue families:
- Understand what’s happening and why
- Avoid legal pitfalls caused by misinterpretation
- Communicate effectively with the court and the other side
- Make confident, strategic decisions
Don’t just guess your way through the process—get experienced legal guidance that makes sense.
Get Legal Clarity from Trusted Bellevue Divorce Lawyers at Story Law
Words matter—especially in court. If you’re navigating divorce litigation, don’t let legal language become a barrier to protecting your rights.
📞 Contact Story Law today to schedule a consultation with a Bellevue-based family law attorney. We’ll walk you through every step of the process—with clarity, compassion, and strategy.
