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FAMILY / DIVORCE LAW GLOSSARY |
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Glossary of
Family Law Terms
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Capias: An arrest warrant ordering the
sheriff or another police officer to take a person into custody
because he or she refuses to show up to court.
Capitalization: The conversation of income
into value.
Caption: The heading of a motion or other
document illustrating the names of the plaintiff and the
defendant, the name of the court, the court term and the
identification number.
Certificate of Mailing: A written statement
proving to the court that a copy of a certain document was mailed
to the person for whom it was intended.
Certificate of Service: A written statement
proving to the court and completed by a process server that a copy
of a document was served to the person for whom it was intended.
Certified Copy: A copy of the document
contained in the court file. It includes a stamped seal confirming
that the copy is indeed a true and correct copy of the document
contained in the court file.
Change of Venue: A change of judges when
one side one side feels the present judge is prejudice.
Chart Child Support Method: The method used
to establish a basis for determining child support. It takes into
consideration the gross income of both parents, less special
adjustments such as support for children of a previous marriage,
and a set amount of money to be allotted monthly for the child.
The court has the authority to digress from the said formula as it
decides is necessary in each case.
Chattel: Personal property.
Child Custody: A court's determination of
which parent or relative should have physical and/or legal control
and responsibility for a minor child(ren). However, child custody
also can come up if a child, relative, close friend or state
agency questions whether one or both parents is unfit, absent,
dead, in prison, or dangerous to the child's well-being. In such
cases custody can be awarded to a grandparent or other relative, a
foster parent, or an orphanage or other organization or
institution. While a divorce is pending the court may grant
temporary custody to one of the parents, require conferences or
investigation (in some states, if the parents cannot agree,
custody is automatically referred to a mediator, commissioner, or
social worker) before making a final ruling. There is a difference
between physical custody which designates where the child will
actually live and legal custody which gives the custodial parent(s)
the right to make decisions for the child's welfare. If the
parents agree, the court can award joint custody, physical and/or
legal. Joint legal custody is becoming increasingly common. The
basic consideration on custody matters is supposed to be the best
interests of the child or children. In most cases the
non-custodial parent is given visitation rights, which may include
weekends, parts of vacations and other occasions. The court can
always change custody if circumstances warrant.
Child Support Guidelines: A series of
mathematical formulas that help derive the proper amount of child
support that should be awarded.
Child Support Worksheet: A court form
devised to calculate the child support guidelines.
Child Support: A legal responsibility that
both parents have to provide adequate financial support for the
children until each reaches the age of emancipation (In NC, this
is at the age of 18). The goal is to keep the children in the same
quality of lifestyle that they would have experienced had the
divorce not taken place.
Citation: An order from a court requiring a
court appearance.
Civil Court: The court which presides over
non-criminal cases.
Claim: The charge by one spouse against
another.
Clear Title: Transferring ownership of an
asset without any encumbrances, obstructions or burdens that
present any reasonable question of law or fact.
Clerk: The person responsible for keeping
court records and procedures in an orderly fashion.
COBRA: Federal Legislation which guarantees
that all individuals who are covered by medical insurance have the
right to continue coverage for a monthly fee if employment changes
or marital status changes.
Cohabitation: Two people living together.
This can be grounds for terminating support in some states and
provinces. Often time a period of cohabitation is written.
COLA: The cost of living adjustment (a COLA
offset).
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.
Common Law Property Distribution: The
method of dividing property in a divorce according to who holds
the title to the property.
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. Maryland does not recognize common law
marriages.
Community Property: Property and profits
received by a husband and wife during the marriage, with the
exception of inheritances, specific gifts to one of the spouses,
and property and profits clearly traceable to property owned
before marriage, all of which is separate property. Community
property is a concept which began in Spain to protect rich women
from losing everything to profligate husbands, and is only
officially recognized in some states which were once under or
influenced by Spanish or Mexican control, including California,
Arizona, New Mexico, Texas, Nevada, Idaho, Washington and
Louisiana. Community property recognizes the equal contribution of
both parties to the marriage even though one or the other may earn
more income through employment. By agreement or action the married
couple can turn (transmute) separate property into community
property, including by commingling community and separate funds in
one account. Community property is recognized based on fact or
agreement of the parties, rather than holding of title. The state
courts have wavered on what constitutes proof of community
property, including the issue of whether joint tenancy is evidence
of community property or not. Many states have adopted statutes
which provide for equal distribution which parallel the community
property system. Upon the death of one spouse all the community
property goes to the other except in Texas surviving children get
one half and in obvious sexual discrimination Nevada and New
Mexico allow the husband to will a half to someone other than his
wife.
Comparables: A shortened term for
competitive property sales, rentals, or operating expenses used
for comparison in the valuation process.
Complaint: A pretrial document filed in a
court by one party against another that states a grievance, called
a "cause of action."
Conciliation: The attempt to establish an
agreement between the divorcing spouses concerning the children
and any other areas in which they do not agree.
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.
Conflict of Interest: When any professional
is not capable of performing services due to previous
relationships or present relationships and/or a situation where
confidentiality can be broken.
Constable: A person who is given the legal
right to serve process.
Constructive Abandonment: The refusal of
one spouse to engage in sexual relations with the other spouse. In
some states and provinces this is considered grounds for divorce
if lasting for a certain length of time.
Constructive Service of Process: When the
service of process is delivered through other methods such as a
newspaper due to the unknown whereabouts of the spouse.
Contempt of Court: Obstructing the
authority of the court by intentionally violating a court order.
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.
Contested Divorce: A divorce where at least
one issue has not been settled before court. The court must decide
the issue or issues.
Contingent Fee: An agreement which
specifies that the attorney does not get paid unless the client
wins the case. This type of arrangement is generally not allowed
in divorce and custody cases.
Continue: The act of postponing a scheduled
court hearing to a later time.
Convey: To transfer property to someone by
selling it or by other means.
Co-Respondent: The individual who is
targeted as the partner in an adulterous relationship.
Corroboration: Additional evidence
(sometimes in the form of a witness) of a point beyond what is
offered by the person asserting the point.
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.
Cost Approach: A set of procedures in which
an appraiser derives a value indication by estimating the current
cost to reproduce or replace the existing structure, deducting for
all accrued depreciation in the property, and adding the estimated
land value.
Count: A statement of facts that clearly
defines the complaint.
Counter-Claim: A pleading filed by the
defendant (respondent) against the plaintiff (petitioner).
Court Clerk: The administrative personnel
of the court who handles the filings for court procedures and
answers questions concerning them.
Court Order: A written document ordering a
person to do something. It is issued by a court and signed by a
judge.
Court Term and Number: An identifying date
and number that appears on the captions of papers filed in court.
The assignment is made by the clerk.
Courts of Common Pleas: The state
trial-level courts that have the authority to grant divorce.
Coverture: The period of time a women is
married.
Creditor: A person to whom money is owed.
Cross Reference Case: A separate case
involving one parent in common, but in which there are other
children from a different mother or father. Either parent can have
cross reference cases.
Cross Examination: The questioning of a
witness of the opposing party in court or at a deposition. The
purpose is to test the credibility or pursue advantageous avenues.
Cross Petition: A statement of the reasons
for the breakdown of the marriage issued by the respondent. It
will be different than that of the petitioner.
Curable Depreciation: Items of physical
deterioration and functional obsolescence that is economically
feasible to cure.
Custodial Parent: The parent a child
normally lives with, and the one who makes legal decisions
concerning the child. There are several different types of custody
arrangements. (See child custody section in your state).
Custody- Sole and Joint: Refers to the
legal arrangements for which 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". Other factors that are taken into consideration may
be:
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The age and health of each parent.
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The age and health of the child.
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The child's educational needs, higher
education not withstanding.
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The desire on the part of each parent to have
sole or joint custody.
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The employment stability and potential of each
parent.
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The financial resources of each parent and
that of the child's.
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The impact on each parent maintaining two
households.
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The income and earning capabilities of each
parent.
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The possibility of the child obtaining
employment.
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The tax liabilities of each parent.
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The willingness both parents demonstrate to
allow visitation.
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information contained within this site is of a general nature
and is not meant to be a restatement of any rules of law. Your
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relationship. You should hire an attorney to obtain legal
advice for your specific case.
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Consultwebs.com, Inc., All rights reserved. Family / Divorce Law
Glossary.
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