Legal Dictionary

Abandonment
Abandonment occurs when a spouse brings cohabitation to an end without justification, without the consent of the other spouse, and without the intent of renewing cohabitation.
Absolute divorce
Absolute divorce is the termination of a marriage by legal action, requiring a petition or complaint for divorce (or dissolution in some states, including California) by one party.
Acceptance of service
Acceptance of service is an agreement by a defendant (or his/her attorney) in a legal action to accept a complaint or other petition (like divorce papers) without having the sheriff or process server show up at the door.
Action
Action refers to any lawsuit or preceding in a court of law.
Adultery
Adultery means consensual sexual relations when one of the participants is legally married to another.
Affidavit
Affidavit is any written document in which the signer swears under oath before a notary public or someone authorized to take oaths (like a County Clerk), that the statements in the document are true.
Agreement
An agreement is a written or verbal resolution of disputed issues.
Alias summons
An alias summons is an additional summons when the original is not served on the defendant.
Alienation of affection
Alienation of affection means convincing a wife to leave her husband, often for another man, causing the husband to lose conjugal relations.
Alimony
Alimony is support paid by one ex-spouse to the other as ordered by a court in a divorce (dissolution) case.
Alimony recapture rule
The alimony recapture rule only applies to the payor when alimony payments decrease substantially or end during the first three calendar years.
Alternative Dispute Resolution (ADR)
Alternative Dispute Resolution (ADR) is the name for the different ways of settling a disagreement outside of the courtroom.
Answer
An answer is the written response to a petition, motion, or complaint.
Appeal
An appeal is a legal action where the losing party requests that a higher court review the decision.
Arrearage
Arrearage is the amount of money that is past due for child or spousal support.
Certificate of service
A certificate of service is a written, dated and signed statement notifying the judge that you sent a copy of a court document to the opposing party.
Child custody
Child custody is a court's determination of which parent, relative or other adult should have physical and/or legal control and responsibility for a minor (child) under 18.
Child Support
Child support is payment made to the parent with physical custody of the minor children to support the child. Child support is mandatory in all actions involving minor children. Under most state laws, a standard uniform guideline is used to determine child support payment amounts. It is based on the incomes of both parents and the amount of time each parent spends with the children.
Complaint
Complaint means a person or entity who begins a lawsuit by filing a complaint and is usually called the plaintiff, or in some cases the petitioner.
Condonation
Condonation is the act of forgiving one's spouse who has committed an act of wrongdoing that would constitute a ground for divorce.
Contempt
Contempt is failure to follow a court order.
Corroborative witness
A corroborative witness is a person who testifies for you and in a court of law to support your grounds for child support, child custody, alimony, or property.
Counterclaim
Counterclaim is a retaliatory claim by a defendant against a plaintiff in a lawsuit included in the defendant's answer and intending to off-set and/or reduce the amount of the plaintiff's original claim against the defendant.
Debt
Debt means any money owed to another person or company.
Decree
A decree is a court's written order finalizing a divorce.
Default
Default is a party's failure to answer a complaint, motion, or petition.
Defendant
The defendant is the person who the case is brought against.
Deposition
The deposition is the part of the discovery in which the opposing party counsel asks you questions with your attorney present.
Discovery
Discovery is the information-exchanging process of a legal proceeding. It includes interrogatories and depositions.
Dissolution
Dissolution is the legal end of a marriage.
Equitable distribution
Equitable distribution is the division of property that is fair in view of all of the circumstances. Equitable does not necessarily mean equal.
Ex Parte Protective Order
An Ex Parte Protective Order is typically granted when certain acts of domestic violence have happened and the victim request a 10-day order of protection without input from the other side.
Fault
"Fault" means adultery, alcohol abuse, drug abuse, physical abuse, domestic violence, abandonment or reckless spending.
Indignities
An indignity is conduct which renders the other spouse's condition intolerable and life burdensome.
Interrogatories
Interrogatories are written questions served by the opposing party that must be answered in writing as part of the discovery process.
Joint custody
Joint custody is a decision by the court (often upon agreement of the parents) that the parents will share custody of a child.
Judgment
A judgment is a court's decision.
Jurisdiction
Jurisdiction is the authority of the court to hear a case.
Malicious turning out of doors
Malicious turning out of doors is a sub-set of willful abandonment and is proved by the same basic facts.
Marital property
Marital property is all property that was acquired during the course of a marriage, even if it is not titled in both names, with some exceptions.
Minor
"Minor" means a child below the age of 18.
Net
"Net" means the value of your assets after subtracting your debts.
No fault divorce
No fault divorces are divorces (dissolutions) in which neither spouse is required to prove "fault" or marital misconduct on the part of the other.
Non-custodial parent
The non-custodial parent is the parent who does not have physical custody of the children.
Non-marital property
Non-marital property is property that was owned by either spouse prior to the marriage or acquired by them individually.
Physical custody
Physical custody is the day-to-day rights and responsibilities associated with having your child in your home and being responsible for his or her care and upbringing.
Plaintiff
The plaintiff is the person who started the case.
Prenuptial agreement
A prenuptial agreement is an agreement entered into before marriage that sets forth each party's rights and responsibilities should the marriage terminate by death or divorce.
Professional Practice
A "professional practice" means a law firm, a medical practice, an accounting firm, etc.
Qualified Domestic Relations Order (QDRO)
A Qualified Domestic Relations Order (QDRO)is an order issued by the court to divide retirement benefits.
Reconciliation
Reconciliation occurs when married individuals decide to remain married.
Restraining order
A Restraining order is an order issued by the court requiring the subject of the order to refrain from a certain action.
Service
Service refers to the act of providing a copy of the papers being filed to the opposing party.
Settlement conference
A settlement conference is a meeting at which the parties and their lawyers attempt to settle the case before trial.
Stipulation
Stipulation is an agreement entered into by the divorcing spouses that settles the issues between them and is often entered into the court's final order or judgment and decree.
Subpoena
A subpoena is a form issued by the court requiring someone to appear in court and/or bring documents.

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