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GLOSSARY OF TERMS:
- ABSOLUTE DIVORCE: the final ending of a marriage. Both parties are legally free to remarry.
- ADMINISTRATIVE DECISION: the published decision of a hearing officer after an administrative agency conducts a hearing
- ADULTERY: sexual intercourse between a married person and a third party.
- AFFIDAVIT: a written statement made 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.
- ALIAS SUMMONS: another summons when the original is not served on the defendant.
- ANNULMENT: a court's decision that a marriage is void; it never legally existed. It is available only under certain limited circumstances.
- APPEAL: a legal action where the losing party requests that a higher court review the decision.
- APPELLANT: party in a lawsuit who takes an appeal.
- APPELLEE: party in a lawsuit against whom an appeal is taken.
- CASE: a dispute which has been taken to court; a lawsuit.
- CASE LAW: decisions of federal and state courts about how laws should be applied in specific fact situations. Opinions are reported in various volumes.
- CAUSE OF ACTION: a point of controversy; basis of a legal action.
- CHILD SUPPORT GUIDELINES: Most states have child support guidelines which must be followed in awarding child support. The guidelines provide formula for calculating support based on the number of children in the family, and the combined gross income of the adults. There are only a few circumstances when the court can award child support higher or lower than the guidelines.
- CITATION: a reference to a particular authority for a point of law. For example, a citation of case includes the title, volume, and page of the report in which the opinion appears.
- CITATOR: publication used to trace the history and validity of a legal case by tabulation of some kind.
- CODE: laws in force in a particular jurisdiction rewritten and arranged in subject order. It should be noted the words "code", "revision", and "consolidation" are frequently used interchangeably to mean the same thing.
- CODE OF FEDERAL REGULATIONS (C.F.R.): contains regulations made by federal administrative agencies such as H.H.S. governing the operation of the agency and the implementation of laws passed by Congress.
- 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 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. Some states do recognize common law marriages.
- COMPLAINT: called a Bill of Complaint; a 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.
- CONSTITUTION: the fundamental law of a state or a nation. It creates the branches of government and identifies basic rights and obligations.
- 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 court to grant a divorce, you must bring to the hearing a witness who can corroborate your grounds for divorce.
- COUNSEL: attorney; lawyer.
- CUSTODY-SOLE & JOINT: refers to the legal arrangements regarding with whom a child will live and how decisions about the child will be made. Custody has two parts: legal and physical. Legal custody refers to the decision-making authority. If a parent is awarded sole legal custody, it means that they alone can make major decisions for the child including, for example, medical/dental and educational decisions. Physical custody refers to where the child lives on a regular basis. If they choose to settle the case, parents can make any custodial arrangement that is in the best interest of the children. If the court must decide custody, the judge will have to determine what is in the best interest of the children.
- DECISION: the result reached by a court in resolving a dispute before it; noted by such terms as "affirmed", "reversed", "modified", etc.
- 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. Discovery methods include interrogatories (written questions which one side gives the other side to complete) and depositions (question and answer sessions conducted in person and recorded).
- DISSENTING OPINION: explicit disagreement of one or more judges of a court with the decision of the majority of the judges.
- DISSOLUTION: the legal end of a marriage.
- EVIDENCE: testimony of witnesses and documents which are presented to the court and considered by the court in making a decision.
- FILING: giving the Clerk of Court your legal papers.
- GROUNDS FOR DIVORCE: the legal basis for a divorce. The law sets out specific circumstances under which a divorce will be granted. Before the court will grant a divorce, the person seeking the divorce must prove that those conditions exist.
- INVOLUNTARY SEPARATION: the living apart of a married couple for 24 months without agreeing to separate or divorce
- JUDGMENT: a court's decision.
- JUDICIAL NOTICE: act by which a court will recognize the existence of a certain fact without the production of substantiating evidence.
- JURISDICTION: the authority of the court to hear a case.
- LAW: any public order or decision that is binding upon those to whom it is addressed. The law exists in many forms, including, constitutional law, statutory law, decisions, regulations, executive orders, local laws, and ordinances.
- LIMITED DIVORCE: establishes certain legal responsibilities while the parties are separated but does not end the marriage.
- MARITAL PROPERTY: includes ALL property acquired during the marriage, even if not titled in both names, with some exceptions.
- MASTER: hears cases like a judge. A master's decision is reviewed by a judge before becoming final.
- MOTION: a request to the court.
- OPINION: the official written statement of a case, the court's decision and its reasons for reaching the decision it did.
- PENDENTE LITE: temporary arrangements for custody, child support, child visitation, alimony, use 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.
- PLEADINGS: formal written statements by the parties to a lawsuit indicating their respective claims and defenses which are filed wit the court.
- PRECEDENT: an example of authority for a later case which is similar or identical.
- PRIMA FACIE: presumed to be true unless disproved by contrary evidence.
- PRO SE/PROPER PERSON: representing yourself in court without an attorney.
- PROTECTION ORDER: non-criminal order obtained by abused spouse against abusive spouse.
- RECONCILIATION: married people getting back together.
- RECORD/RECORD EXTRACT: on appeal, the record consists of a transcript of all or a portion of the proceedings in lower courts, including testimony, pleadings, opinions, etc.
- REMAND: to send back; return of a case by an appellate court to the trial court for further proceedings.
- RES JUDICATA: the thing has been decided.
- SEPARATION: the living apart of a married couple.
- SEPARATION AGREEMENT: an oral or written agreement to live apart, entered into by a married couple.
- SERVICE: providing a copy of the papers being filed to the other side.
- SPOUSE: husband or wife.
- STATUTE: legislative enactment.
- SUBPOENA: a form issued by the court requiring someone to appear in court and/or bring documents.
- TRANSCRIPT: the official record of a legislative, administrative, or court proceeding. It is mainly comprised of the
- word-for-word testimony of witnesses and arguments by advocates and presiding officers.
- UNCONTESTED DIVORCE: when the defendant is not going to try to stop the divorce and there are no issues for the court to decide about the children, money, or property.
- UNOFFICIAL REPORTS: a court report published by a private publisher in addition to the official version done on behalf of deciding jurisdiction.
- USE AND POSSESSION: the right of the parent who has custody of a minor child of the marriage to remain in the family home for up to three years from the date of the divorce, under certain circumstances
- VENUE: the county where the case is heard.
- VISITATION: the right of a separated or divorced parent to visit a child.
- VOLUNTARY SEPARATION: the living apart for 12 months of a married couple who agrees to separate.
- WRIT OF SUMMONS: a form issued by the court directing a party to respond to a complaint, motion, or petition.
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