As a member of the smallest unit of our society, you must have an initial knowledge regarding the legal concept of family law. If you’re not a lawyer or an expert in law, then here are some common terms to help you slowly grasp the nature of Family Law:
Alias Summons: Summons used when the original is not served on the defendant.
Alimony: A financial allocation made by one spouse to the other for pending support or after divorce.
Annulment: The process of dissolving a marriage through a legal proceeding in which the marriage is declared null and void.
Community Property: A method of dividing marital property which is based on an equal or 50/50 distribution.
Contempt: A request which can be made by the opposing party if the other fails to follow a court order and often results in a punishment including monetary fines, jail time, or both.
Corroborative Witness: A person who testifies for you and solidifies your story.
Custodial Parent: The parent who holds physical custody of the parents' child or children.
Dissolution: The legal closure of a marriage.
Emancipation: A process which a minor assumes adult responsibility for his or her welfare and becomes independent from his or her parents.
Fault-based Divorce: An act where one spouse claims and should prove that the cause of their separation is the misconduct of his or her partner.
Home State: The state where a child or children of the marriage lived with a parent for at least six months before a child custody, support, or visitation action was filed in court.
Legal Separation: A court order which allows spouses to live separately yet remains legally married.
Marital Property: A property acquired by both individuals in a marriage upon divorce.
Motion: Refers to a request to the court which is usually in written form.
Non-custodial Parent: The spouse who doesn't hold physical custody of the child or children.
Non-marital Property: A property that belongs to only one spouse which is also called separate property.
Order: A decision made by the court on a certain legal issue.
Pendente Lite: Temporary arrangements for certain divorce-related issues which will not change until the court issues a final order after a trial.
Petition: A legal document that starts a case.
Prenuptial Agreement: A contract signed before marriage stating to give up future rights to properties in the event of a divorce or death.
Qualified Domestic Relations Order (QDRO): A court order which gives one spouse a share of the other spouse's pension or retirement funds.
Subpoena: A form issued by the court which requires a person to appear in court and bring documents.
Uncontested Divorce: The defendant peacefully agrees to the divorce and there are no questions about the children, money, or property.
Visitation: The noncustodial parent is given the right to spend time with the child or children.
Writ of Summons: A form issued by the court ordering a party to respond to a complaint, motion, or petition.
Congratulations! You are now equipped with the basic terms to understand family law.
There may be some family law issues which don’t require counseling. Yet being in a divorce and processing child custody, you must consult a lawyer or an attorney to keep an eye to the unstable emotions of the involved parties.
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