Legal Terms
Divorce Legal Terms
Alimony
Financial payments made to help support a spouse or former spouse during separation or following divorce. Also called spousal support or spousal maintenance.Alternative Dispute Resolution (ADR)
Methods of resolving legal disputes without going to trial, in a less adversarial manner, such as through arbitration or mediation.Arrearage
The amount of money such as for child or spousal support that is past due.Child Support
Money that a non-custodial parent pays to the custodial parent on behalf of their child(ren), for their support.Child Support Guidelines
Guidelines established by statute or rule in each jurisdiction that set forth the manner in which child support must be calculated, generally based on the income of the parents and the needs of the children.Custody
Having rights to your child. Custody can be either legal, which means that you have the right to make important decisions about your child's welfare, or physical, which means that the child lives with and is raised by you.Decree
The court's written order or decision finalizing the divorce, often issued in conjunction with the court's judgment.Default
Failing to answer a petition or complaint for divorce. Failing to file an answer or appear in court as required can result in the court awarding to the spouse who filed for divorce everything requested in his or her divorce papers.Defendant
The person against whom legal papers are filed, also sometimes referred to as the respondent.Deposition
Part of the discovery or information-exchanging process of a legal proceeding in which the attorney for the other party asks you questions, you answer with your attorney present, and a transcript of the proceedings is prepared.Discovery
The information-exchanging process of a legal proceeding, including serving and answering interrogatories and requests for production of documents, and depositions.Dissolution
Another word for divorce, which is the legal termination of a marriage relationship.Divorce
The legal termination of a marriage relationship.Domestic Violence
Physical abuse or threats of abuse occurring between members of the same household.Equitable Distribution
A division of property that is fair in view of all of the circumstances. Equitable does not necessarily mean equal.Interrogatories
Written questions served by the opposing party that must be answered in writing as part of the discovery process.Joint Legal Custody
The sharing of the right to make important decisions about a child's welfare by both parents.Joint Physical Custody
The sharing of the actual physical care and custody of a child by both parents.Legal Custody
The right to make important decisions about the raising of your child, such as regarding health care, religious upbringing, education, etc.Marital Property
Generally, all property acquired during the marriage.Mediation
A form of alternative dispute resolution (ADR) for resolving legal disputes without going to trial, by the use of a trained and impartial third party who attempts to bring the parties together in mutual agreement.Non-Custodial Parent
The parent who does not have physical custody of the child(ren).Non-Marital Property
Generally, property owned by either spouse prior to marriage or acquired by them individually, such as by gift or inheritance, during the marriage.Physical Custody
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.Petitioner
Often, the person who initiates divorce or marriage dissolution proceedings, also called the plaintiff.Plaintiff
The person who initiates legal proceedings, often called the petitioner in family law matters.Premarital Agreement
An agreement entered into before marriage that sets forth each party's rights and responsibilities should the marriage terminate by death or divorce. Also called a prenuptial agreement.Prenuptial Agreement
An agreement entered into before marriage that sets forth each party's rights and responsibilities should the marriage terminate by death or divorce. Also called a premarital agreement.Qualified Domestic Relations Order (QDRO)
Pronounced "kwah-dro," an order issued by the court to divide retirement benefits.Respondent
The person who answers a petition in a legal proceeding, sometimes also referred to as the defendant.Restraining Order
An order issued by the court to refrain from doing something, often issued in conjunction with domestic violence or custody disputes.Settlement Conference
A meeting at which the parties and their lawyers attempt to settle the case before trial, often ordered by the court.Split Custody
A form of custody generally not looked upon favorably in which some or one of the parties' children is/are in the custody of one parent and the remaining child(ren) is/are in the custody of the other parent.Spousal Support or Maintenance
Financial payments made to help support a spouse or former spouse during separation or following divorce. Also called alimony.Stipulation
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.Visitation
The time that a noncustodial parent spends with his or her child(ren).Immigration Legal Terms
Alien
1) A person who is not a citizen of the country. 2) In the United States, any person born in another country to parents who are not American and who has not become a naturalized citizen.Citizen
Person who by place of birth, nationality of one or both parents, or by going through the naturalization process has sworn loyalty to a nation.Deportation
The act of expelling a foreigner from a country, usually because he/she has a criminal record, committed a crime, lied on his/her entry documents, is in the country illegally or his/her presence is deemed by the Immigration and Naturalization Service.Illegal Immigrant
An alien (non-citizen) who has entered the United States without government permission or stayed beyond the termination date of a visa. See also: AlienGeneral Legal Terms
Attorney-Client Privilege
The law generally considers all communications between an attorney and his/her client to be privileged: in other words, confidential and afforded special protection under the law. As a result, no other party (particularly, opponents in a lawsuit) is entitled to gain access to those communications.Case Evaluation
The act of assessing your claim. Factors to be considered by experienced legal counsel are: the likelihood that your claim will prevail on the liability or fault aspect of your case, the extent to which you or a loved one has been injured, and the costs which will likely be incurred in pursuing your claim.Claimant
The claimant in a serious injury case is the person(s) that has been injured as a result of the negligence of one or more other parties. If a formal lawsuit is filed, the claimant becomes the plaintiff in the lawsuit and the allegedly negligent party becomes the defendant.Complaint
A complaint will outline the circumstances of the incident that forms the basis of the lawsuit. It will also describe, in broad terms, the nature of the damages suffered by the plaintiff. The complaint will specify who the parties to the case are - the plaintiff(s) and defendant(s). Once the complaint is filed with the court, the attorney will have the complaint served upon the defendant(s) by a process server or certified mail.Contingent Fee Agreement
An agreement whereby an attorney is being hired on the basis that he or she will only receive a fee from you (the client) contingent upon you receiving compensation from the defendant(s). The contingent fee agreement may lay out such details as who is responsible for the costs of the case and how any money collected for the client is to be distributed. Some law firms will advance the case costs to the client and will be reimbursed for these costs out of the proceeds of the case. Case costs include such things as court fees, charges for acquiring copies of the client's relevant medical records, witness fees and expert witness fees, deposition fees, travel, etc.Damages
Damages are awarded in various categories:-Compensatory damages, which compensate the plaintiff for actual dollar-value losses (e.g., medical expenses [past and future], lost income, loss of future earning capacity, etc.)
-General damages, also a form of compensatory damages, which cover more intangible losses, such as pain, suffering, humiliation, or the loss of enjoyment of life, as well as grief suffered from the loss of a loved one.
-Punitive damages (rare), which punish a defendant for egregious behavior and which serve to deter others from similar conduct (e.g., deposition fees, travel, etc.)
Defendants
People (or corporations) who are alleged to have caused the injury to the plaintiff(s) and are so named in the lawsuit.Deposition
A deposition is a form of discovery in which a plaintiff, a defendant, a witness or an expert witness with relevant information about a lawsuit is formally questioned under oath by the attorneys representing all parties in the lawsuit. The deposition is similar to the giving of oral testimony in a trial, but takes place under less formal circumstances and in advance of a trial. The deposition is typically before a court reporter and the witness is subjected to examination by attorneys for all parties.Discovery
The use of depositions, interrogatories, requests for production of documents, requests for admissions and demands for independent medical examinations, among other procedures, to discover relevant evidence possessed by the other parties or by independent witnesses.Lawsuit
A lawsuit is a formal legal action made by one party or group of people (the plaintiff[s]) against another person or corporation (the defendant[s]) in which recovery is sought for damages suffered by the plaintiff(s). The lawsuit is formally initiated with the filing of a complaint in the proper court of law.Plaintiffs
The person or persons who have suffered injury and are seeking recovery for damages by filing a lawsuit.Statute of Limitations
An established legal deadline that requires a person who has suffered a serious injury to file a lawsuit within a certain time after the date of injury or lose forever his or her rights to sue for compensation. Exceptions apply from state to state.DISCLAIMER: This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
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