Divorce Law and Terminology Flashcards
How many states currently have “no-fault” divorce?
All of the states, and 22 also have “at fault” divorce.
Name three types of Alternative Dispute Resolution
Mediation - Working together to agree on issues
Arbitration - a 3rd party imposes the agreement on parties
Collaborative- a team reaches an agreement together and agrees the divorce will not be litigated.
The act of forgiving one’s spouse for wrongdoing that could be the grounds for divorce is called
Condonation
What is the key document used to collect financial data?
Financial Affidavit
What is the testimony of a witness taken out of court and under oath and reduced to writing called
Deposition
How many states have no required separation period
26
Which States have adopted community property laws?
TWIN CAN LAW - Texas, Washington, Idaho, Nevada, California, Arizona, New Mexico, Louisiana, Alaska, and Wisconsin.
Alaska and Wisconsin have unique/special treatment.
Temporary Orders
Also know as Pendente Lite Support
Temporary Orders
Orders granting relief between the filing of the divorce and the judgment
How is marital property normally defined
All property acquired during marriage regardless of title or purchaser.
Can also include the increase in the value of separate property
Also includes separate property that has been co-mingled.
How is separate property defined?
Property acquired prior to the marriage
Property inherited either prior to or during the marriage.
Gifts received
What does comingle mean?
To blend or to mix together things of different types. To make a presumptive gift of separate property to one’s spouse.
What does subpoena mean?
It is a writ or court order ordering a person to attend a court.
Interrogatories?
Interrogatories are a formal set of written questions propounded by one litigant and required to be answered by an adversary in order to clarify matters of fact and help to determine in advance what facts will be presented at any trial in the case.
Domestic Relations Order (DRO)
Is a judgment, decree, or order (including the approval of a property settlement) that is made pursuant to the state domestic relations law and that relates to the provision of child support, alimony payments, or marital property rights for the benefit of a spouse, former spouse, child, or other dependent of a participant.
Discovery
Discovery occurs during the pre-trial phase of a divorce. It can be informal or formal. In the formal process, each side obtains information and evidence from the other side.
Deposition
A deposition usually takes place in a lawyer’s office with a court reporter. The witness swears to tell the truth. The purpose of a deposition is to provide the lawyer with insight into both how a witness will testify at trial and what the witness will say. Deposition testimony can be used at trial to impeach a witness.
Community Property Division
Marital property is divided 50/50
Equitable Property Division
Distribution is equitable - not necessarily equal or 50/50
What state does not recognize legal separation?
Texas
Required for common law marriage
State must recognize
Must hold each other out as husband and wife
Is not simply cohabitating for a specific term
States that recognize common-law marriage
Alabama, Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, South Carolina, Texas, Utah and the District of Columbia
Complainant is another name for
Plaintiff - the one who files for divorce
What is Collusion
An agreement between 2 or more parties where one party brings false charges against the other - for example, saying there was adultery or physical abuse.
