Settlement conference: Often required by the court, a meeting that is designed to get both parties to settle their disputes without going to trial. Restraining orders are often issued in cases of domestic violence or custody battles. Restraining order: A legal order issued by a court that requires the subject to cease doing something. Respondent: This is the person that answers a legal petition.
Qualified Domestic Relations Order (QDRO): An order by a court that divides retirement benefits. The agreement typically outlines the rights and responsibilities of each party in the event that the marriage ends by divorce or death. Prenuptial agreement: An agreement that is agreed to by both parties prior to marriage. Premarital agreement: An agreement that is agreed to by both parties prior to marriage.
In family law, the person that starts the divorce or marriage dissolution process is known as the petitioner. Plaintiff: The person that starts legal actions. Petitioner: The person that starts the divorce or marriage dissolution process. Physical custody: Legal right to have your children live with you and the responsibility of raising them. Non-marital property: Typically property that was acquired prior to marriage or individually (e.g. Non-custodial parent: The parent that does not have physical custody of their children.
This is a form of Alternative Dispute Resolution (ADR). Mediation is completed using a trained and impartial third party that tries to achieve a mutually acceptable agreement between the parties. Mediation: A method for resolving legal issues without the need for a trial. Marital property: Typically, this is all property that was acquired during a marriage. Legal custody: Gives the parent the right to make important decisions about raising their children. Joint physical custody: Both parents share the physical care and custody of their children. Joint legal custody: Both parents share the responsibility for making important decisions about their children’s welfare. Interrogatories: These are written questions submitted by the opposing party that must be answered in writing. Keep in mind that equitable doesn’t mean “equal”. Your lawyer is present to advise you of your legal rights when answering questions.ĭiscovery: The legal process where the parties request and exchange information and documents relating to your divorce.ĭissolution: This is another word for divorce (legal termination of a marriage).ĭivorce: Legal termination of a marriage.ĭomestic violence: Physical abuse or the threat of physical abuse between household members.Įquitable distribution: Division of property in a manner deemed “fair” according to the court. Also known as the respondent.ĭeposition: A meeting where the other parties lawyers ask you questions. Physical custody means that your children live with you and you are responsible for raising them.ĭecree: This is the divorce courts written decision or order finalizing your divorce.ĭefault: Failing to answer a petition or complaint, or not appearing at a court hearing you can “default” your rights and the court can award everything requested by your spouse.ĭefendant: The defendant is the person that has had legal papers filed against them. Legal custody means that you can make important decisions about your children’s welfare. Typically the amount of child support is calculated by the parents’ income and the needs of the child or children.Ĭustody: There are two types of custody, legal and physical. It is usually accomplished when the parties are not adversarial and is typically done using arbitration or mediation.Īrrearage: Refers to past due amounts of spousal support or child support.Ĭhild support: Refers to the money that a non-custodial parent is required to pay the custodial parent for supporting their child or children.Ĭhild support guidelines: Statutes or rules that outline how child support must be calculated. Other names include spousal maintenance or spousal support.Īlternative dispute resolution (ADR): This is a method of resolving legal issues without a trial. Alimony: Payments made to help support a spouse or ex-spouse during a time of separation or after a divorce is approved.
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