| |
-A-
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.
|
| |
AFFIDAVIT: |
A written statement under
oath.
|
| |
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.
|
| |
ANNULMENT: |
A marriage can be dissolved
in a legal proceeding in which the marriage is declared void or that it
never took place. In the eyes of the law, the parties were never married.
It is available only under certain circumstances.
|
| |
APPEAL:
Back to top |
A legal action where the
losing party requests that a higher court review the decision.
|
| |
-B-
Back to top |
NO DEFINITIONS AT THIS TIME
|
| |
-C-
|
|
| |
CHILD SUPPORT GUIDELINES |
Each state has child support
guidelines which must be followed in awarding child support. The
guidelines are typically a formula. There are only a few circumstances
when the court can award support higher or lower than the guidelines.
|
| |
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.
|
| |
COMMON LAW MARRIAGE: |
A common law marriage comes
about when a man and a who man 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. Only
certain states recognize common law marriage.
|
| |
COMPLAINT: |
Called a Bill of 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
grounds for divorce. Condonation generally is proven by living and
cohabitating with the spouse after learning after the wrongdoing was
committed. It is used used as a defense for 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.
|
| |
CORROBORATIVE WITNESS: |
A person who testifies for
you and backs up your story. If you are asking the judge to grand a
divorce, you must bring to the hearing a witness who can corroborate your
grounds for divorce.
|
| |
CUSTODY: Sole and 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. Parents
can make any custodial arrangement that is in the best interest of their
children. The standard for custody is "best interest of the child".
|
| |
Back to top |
|
| |
-D-
|
|
| |
DEFAULT: |
A party's failure to answer a
complaint, motion, or petition
|
| |
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. |
| |
Back to top |
|
| |
-E-
Back to top |
NO DEFINITIONS AT THIS TIME
|
| |
-F- |
|
| |
FILING:
Back to top |
Giving the Clerk
of the court your legal papers.
|
| |
-G- |
|
| |
GROUNDS FOR DIVORCE:
Back to top |
The legal basis
for a divorce; the law sets our specific reasons for a divorce which have
to be proven before the court can grant a divorce.
|
| |
-H-
Back to top |
No Definitions at this time
|
| |
-I-
Back to top |
No Definitions at this time
|
| |
-J-
JUDGMENT:
JURISDICTION:
Back to top |
A court's decision.
The authority of the court to hear a case.
|
| |
-K-
Back to top |
No Definitions at this time.
|
| |
-L- |
|
| |
LIMITED DIVORCE:
Back to top |
Establishes certain legal responsibilities
while the parties are separated but does not end the marriage.
|
| |
-M- |
|
| |
MARITAL PROPERTY: |
Includes all
property acquired during the marriage, even if its not titled in both
names, with some exceptions. |
| |
MASTER: |
Hears case like a judge. A master's decision is reviewed by a judge before
becoming final. |
| |
MOTION:
Back to top |
A request to the court.
|
| |
-N-
Back to top |
No definitions at this time.
|
| |
-O-
Back to top |
No definitions at this time.
|
| |
-P- |
|
| |
PENDENTE LITE: |
Temporary
arrangements for custody, child support, child visitation, alimony, us and
possession of the family home, etc., until a final hearing. |
| |
PETITION: |
A legal paper that starts a case. |
| |
PLAINTIFF: |
The person who started the case.
|
| |
PRO SE/PROPER PERSON: |
Representing
yourself in court without an attorney. |
| |
Back to top |
|
| |
-Q-
Back to top |
No definitions at this time.
|
| |
-R- |
|
| |
RECONCILIATION: |
Married people
getting back together. |
| |
Back to top |
|
| |
-S-
|
|
| |
SERVICE: |
Providing a
copy of the papers being filed to the other side. |
| |
SPOUSE: |
Husband or wife. |
| |
SUBPOENA:
Back to top |
A form issued by the court requiring someone to appear in court and/or
bring documents.
|
| |
-T-
Back to top |
No definitions at this time.
|
| |
-U- |
|
| |
UNCONTESTED DIVORCE: |
When the
defendant is not going to try to stop the divorce and there is no issues
for the court to decide about the children, money, or property. |
| |
USE AND POSSESSION:
Back to top |
The right of the parent who has custody of a
minor child of the marriage to remain in the family home for a certain
period of time from the date of the divorce, under certain circumstances.
|
| |
-V- |
|
| |
VENUE:
Back to top |
The county
where the case is heard.
|
| |
-W-
Back to top |
No definitions at this time.
|
| |
-X-
Back to top |
No definitions at this time.
|
| |
-Y-
Back to top |
No definitions at this time.
|
| |
-Z-
Back to top |
No definitions at this time.
|
