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- AB INITIO look up translate image
- Latin for "from the beginning."
- ABANDONMENT look up translate image
- This term is applied when one married spouse leaves the marital home. In some areas this may be grounds for divorce or may reflect adversely upon the spouse who moves.
- ABSENT PARENT look up translate image
- The parent not living in the same household as the qualifying child as defined by the Child Support Act 1991
- ABSOLUTE DIVORCE look up translate image
- the final ending of a marriage. Both parties are legally free to remarry.
- ACKNOWLEDGEMENT OF SERVICE look up translate image
- Form sent by the Court to the respondent (and co-respondent, if any) with the petition, with questions about his or her intentions and wishes in response to the petition; its return to the Court establishes service of the petition
- ACTION look up translate image
- a lawsuit or proceeding in a court of law.
- ADULTERY look up translate image
- This term refers to sexual intercourse by a married person outside of the marriage. In some areas this may also be grounds for divorce or adversely affect the offender's case.
- AFFIDAVIT look up translate image
- Sworn statement in writing, usually made under oath or on affirmation before a magistrate or officer (often a notary public).
- AGREEMENT look up translate image
- a verbal or written resolution of disputed issues.
- ALIAS SUMMONS look up translate image
- another summons when the original is not served on the defendant.
- ALIMONY look up translate image
- Also called maintenance or support. See Maintenance.
- ALIMONY PENDENTE look up translate image
- Spousal support to be paid by one marital partner to the other during the pre-trial period of separation.
- ALTERNATIVE DISPUTE RESOLUTION (ADR) look up translate image
- A procedure for settling a dispute outside the courtroom. Most forms of ADR are not binding on the parties, and involve referral of the case to a neutral party such as an arbitrator or mediator.
- ANCILLARY RELIEF look up translate image
- A financial or property adjustment order made by a Court as ancillary to a petition for divorce or separation.
- ANNULMENT look up translate image
- The legal ending of an 'Invalid Marriage'. To the law neither party was ever married, but all the children born of the annulled marriage remain legitimate.
- ANSWER look up translate image
- the written response to a complaint, petition, or motion.
- APPEAL look up translate image
- a legal action where the losing party requests that a higher court review the decision.
- APPLICATION look up translate image
- A document giving details, in broad terms, of the order sought from the Court. All applications within divorce proceedings are started by filing a notice of application. Standard Forms are available at divorce court offices; they include a space for the place, date and time of the hearing of the application, to be completed by the Court office.
- ARREARAGES look up translate image
- The difference between the amount of alimony or child support paid, if any, and the amount required under court order.
- ASSETS look up translate image
- Property of all kinds, including real and personal, tangible and intangible.
- BAILIFF look up translate image
- A Sheriff's officer who serves writs and summonses, makes arrests and makes sure sentences of the court are carried out.
- BANKRUPT look up translate image
- any person judged insolvent by the court, their property being administered for the benefit of the creditors.
- BARRISTER look up translate image
- A lawyer who has been called to the Bar and who is qualified to plead in the Higher Courts.
- BEST INTERESTS OF THE CHILD look up translate image
- Legal standard used to determine child custody, visitation and support
- BIGAMY look up translate image
- A criminal offence committed when someone still legally married marries someone else.
- BONA FIDE look up translate image
- true or genuine, given in good faith.
- BRIEF look up translate image
- A document containing all the facts and points of law of a case by which a barrister is instructed by a solicitor to represent a client.
- CALDERBANK LETTER look up translate image
- A 'without prejudice' letter making an offer of settlement prior to the case going to hearing. If the offer is rejected by the other party and the Court awards the same or less then there is the risk of having to pay the other party's costs from the date the offer was made as well as one's own.
- CARE AND ATTENTION look up translate image
- A term used to describe an increase in a solicitor's bill which some solicitors apply if a case has been complex or has had to be dealt with especially quickly
- CARE AND CONTROL look up translate image
- An old order pre-dating the Children Act 1989 - care and control orders are no longer made. It means the responsibility for looking after and making everyday decisions about a child and providing the child's main home base
- CASE FILE look up translate image
- A complete collection of every document filed in court in a case.
- CASE LAW look up translate image
- The law as established in previous court decisions. A synonym for legal precedent. Akin to common law, which springs from tradition and judicial decisions.
- CAUSE OF ACTION look up translate image
- A legal claim.
- CHANGE OF VENUE look up translate image
- Change of judge or location.
- CHARGE ON PROPERTY look up translate image
- Security entitling the holder of the charge to be paid out of the proceeds of sale when a house (or other property) is eventually sold
- CHART CHILD SUPPORT METHOD look up translate image
- Method used in some legal jurisdictions to establish a base for determining child support. Takes into account the gross incomes of both parents, less special adjustments (such as support paid for children of previous marriage), and a figure for the amount of money (usually stated as a monthly sum) that will be required to be spent for the child. The court has the authority to deviate from the formula as it deems necessary in each case.
- CHATTELS look up translate image
- A legal term used for personal effects, usually of a house, like furniture, paintings, jewellery and ornaments
- CHILD SUPPORT look up translate image
- The amount of money that the non-custodial parent pays to the custodial parent to help pay for the every day needs of the child(ren) such as housing, food and clothing.
Parents have a legal obligation to support their children. In a divorce, the non-custodial parent will be ordered to pay child support to the custodial parent. If there is joint custody, the parent who has primary physical custody will receive child support from the other parent. Each state has child support guidelines that are used to determine the amount of child support.
- CHILD SUPPORT GUIDELINES look up translate image
- The amount of child support to be paid, under normal circumstances, according to a schedule established by the state, based upon income. It is federally mandated that all states establish guidelines for child support.
- CHILDREN'S APPOINTMENT look up translate image
- this was a short hearing before a judge for certificate of satisfaction in respect of arrangements for any relevant children before decree nisi could be pronounced. They are no longer made since the Children Act came into force
- CLEAN BREAK look up translate image
- A once and for all order that deals with all financial issues between spouses, provides for the dismissal of maintenance claims and is not capable of subsequent variations even if circumstances change.
- CO-HABITATION look up translate image
- Living together when unmarried
- CO-RESPONDENT look up translate image
- The person with whom the respondent has committed adultery
- COBRA look up translate image
- The Consolidated Omnibus Budget Reconciliation Act (COBRA) is a federal law giving you and your covered dependents the right to continue group health coverage on a self-paid basis if eligibility for employer-sponsored group medical and dental insurance is lost through loss of employment or through divorce. COBRA eligibility is usually for 18 or 36 months after the event.
- COLA look up translate image
- Cost of Living Adjustment.
- COLLUSION look up translate image
- 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 look up translate image
- The legal system that originated in England and is now in use in the United States that relies on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by legislation.
- COMMON LAW MARRIAGE look up translate image
- A judicially-recognized marriage in some states, usually based on cohabitation.
- COMMUNITY PROPERTY look up translate image
- A rule of property division which divides equally all property acquired during the term of the marriage, without regard to whose name it is held. Inheritances and gifts are excluded in some jurisdictions.
In community property states, property that is acquired by the husband and wife during their marriage belongs to both. Property that was owned by either spouse prior to the marriage is their separate property. However, if separate property becomes commingled with community property it can become...(more)
- COMPLAINANT look up translate image
- the one who files the suit, same as "plaintiff."
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