Divorce Law & Expert Witness Flashcards
Arbitration
Submitting a disputed matter for decision to a person who is not a judge. The decision of an arbitrator is usually binding and nal. Arbitration varies greatly
from mediation.
Best Interest of the Child
A discretionary legal standard used by judges when making decisions about custody, visitation, and support for a child when the parents are divorcing.
Change of Venue
A change of judges or geographical location, requested by a party to the action who feels that the change is justied by state law.
Collaborative Divorce
A team approach to divorce in which divorcing couples obtain professional help from specialists in the legal, nancial, and mental health elds; when needed, additional professionals (including child/parenting experts) may be called in to help the couple settle their case.
Collaborative Law
An agreement between two or more persons where 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 divorce more quickly, knowing full well that adultery was not committed. Collusion is illegal.
Common Law Marriage
A judicially-recognized marriage in some states, usually based on cohabitation where no formal marriage ceremony has taken place.
Complainant
The one who files the suit; same as plaintiff.
Complaint
This is a legal document led by the plainti to start the divorce process. It states that the marriage has ended and lists the grounds and claims for the divorce.
In some states it is also known as a petition.
Con-donation
The act of forgiving one’s spouse who has committed an act of wrongdoing that would constitute grounds for divorce. Condonation generally is proven by
living and cohabitating with the spouse after learning that the wrongdoing was committed. It is often used as a defense to a divorce.
Contempt of Court
The willful failure to comply with a court order, judgment, or decree by a party to the actions. Contempt of Court may be punishable by ne or imprisonment
Contested Divorce
Any case where the judge must decide one or more issues that are not agreed to by the parties. All cases are considered contested until all issues have been
agreed to.
Corroborative Witness
A person who testifies for one of the parties and backs up their story.
Court Order
A written instruction from the court carrying the weight of law. Orders must be in writing. Anyone who knowingly violates a court order can be held in
contempt of court.
Cross-Examination
The questioning of a witness presented by the opposing party on trial or at a deposition. The purpose is to test the truth of that testimony.
Curriculum Vitae
A resume that is prepared by an expert witness to show their qualification in their area of expertise
Decree
The final ruling of the judge on an action for divorce, legal separation, or annulment. Decree has the same meaning as judgment.
Decree Nisi / Rule Nisi
An order by the court stating that a conditional divorce will become absolute by a certain date, unless a party contests the order
Default
A party’s failure to answer a complaint, motion, or petition.
Defendant
The partner in a marriage against whom a divorce complaint is led. Defendant has the same meaning as respondent.
Deposition
The testimony of a witness taken out of court under oath and reduced to writing. Discovery depositions are the most common and are taken for the purpose of
discovering the facts upon which a party’s claim is based or discovering the substance of a witness’s testimony prior to trial. The deposition may be used to
discredit a witness if he changes his testimony.
Direct Examination
The initial questioning of a witness by the attorney who called him or her to the stand
Discovery
Procedures followed by attorneys in order to determine the nature, scope, and credibility of the opposing party’s claim. Discovery procedures include
depositions, written interrogatories, and notices to produce documentation relating to issues relevant to the case.
Dismissal
Occurs when a party voluntarily drops the case (in some states) or when a judge nds that a case totally lacks merit.
Dissolution of Marriage
The legal process of ending a marriage. In most states, the legal term for divorce.
Domestic Violence
The physical abuse of one family member by another.
Evidence
Proof presented at a hearing, including testimony, documents, or objects.
Exhibits
Tangible things presented at trial as evidence
Expert Witness
In court proceedings, the expert witness is the professional whose testimony helps a judge reach a decision.
File/Filing
To place a document in the official custody of some public official. Every case brought to court must be led with the court clerk in order for the court to take
action upon the case. A case is led when a party (plaintiff) writes a written complaint and brings it to the clerk, who files it. The plaintiff must also serve the
opposing party with a copy of the complaint.
Grounds for Divorce
Reasons for seeking a divorce, such as incompatibility, mental cruelty, physical abuse, or adultery. While some states allow fault grounds for divorce, all states
have some form of no-fault divorce.