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.
Guardian-ad-Litem
A person appointed by a judge to prosecute or defend a case for a person legally unable to do so, such as a minor child
Hearing
Any proceeding before a judicial officer
Hearsay
Hearsay is an out-of-court statement oered to prove the truth of the matter asserted. Generally speaking, hearsay cannot be used at trial, but there are
exceptions that permit it to be admitted to court.
Incompatibility
The inability of persons to get along; a ground for divorce
Interest-Based Bargaining
A method of negotiation used in mediation. It starts with each party educating the other party about their interests. Ideally, the parties will work together until
they find solutions that allow both parties to meet their needs.
Interrogatories
A series of written questions served upon the opposing party in order to discover certain facts regarding the disputed issues in a matrimonial proceeding
Judgment
The order of the court on a disputed issue; same as decree.
Jurisdiction
The power of the court to rule upon issues relating to the parties, their children, or their property.
Legal Separation
Court ruling on division of property, spousal support, and responsibility to children when a couple wishes to separate but not divorce. A legal separation is most
often desired for religious or medical reasons. A decree of legal separation does not dissolve the marriage and does not allow the parties to remarry. Texas does not recognize legal separation.
Limited Divorce
Establishes certain legal responsibilities while the parties are separated but does not end the marriage. Also referred to as legal separation.
Litigation
The process by which a civil case settles parties’ rights.
Mediation
A non-adversarial process in which a husband and wife are assisted in reaching their own terms of divorce by a neutral third party trained in divorce matters.
The mediator has no power to make or enforce decisions. Mediation differs greatly from Arbitration.
Motion
An application or request to the court for an order. May be written or verbal.
No-Fault Divorce
A marriage dissolution system whereby divorce is granted without the necessity of proving one of the parties guilty of marital misconduct.
Nuptial
Pertaining to marriage
Pendente Lite Support
A temporary order of the Court that provides support until the divorce is nalized. (See also”Temporary Order.”)
Perjury
The act of lying while under oath.
Petition
A written application for particular relief from the court. In some jurisdictions complaint for divorce is entitled “petition for dissolution.”
Plaintiff
The spouse who initiates the legal divorce process by ling a complaint or petition stating that the marriage is over and listing the grounds and claims against
the other spouse. Plaintiff is the same as Petitioner.
Positional Bargaining
Positional bargaining starts with the solution. One party proposes a solution and the other party makes an offer. Counteroffers are made until a resolution is
found that works for both parties.
Precedent
Decisions found in other pre-existing cases which factor into the case at hand
Prenuptial Agreement
Prior to a marriage, partners contractually agree how assets and liabilities will be divided in the event of a divorce. Prenuptial agreements are usually upheld,
absent fraud, coercion, duress, or severe misrepresentation.
Privilege
The right of a spouse to make admissions to an attorney, clergyman, psychiatrist, or others as designated by state law that are not later admissible as evidence.
Pro Se Divorce
A divorce wherein the divorcing partners represent themselves in court (with or without a mutually agreeable separation agreement) without the assistance of attorneys. Pro Se is Latin for Proper Person.
Rebuttal
The introduction of evidence at a trial that is in response to new material raised by the defendant at an earlier stage of the trial.
Reconciliation
When parties decide to get back together. They may sign a reconciliation agreement, which is enforceable by the court
Respondent
The party defending against a divorce petition (complaint). (See also “Defendant.”)
Restraining Order
A court order prohibiting a party from certain activities. Issued in response to a motion. Restraining orders are often issued to protect against domestic
violence or to protect marital assets. In many states, violating a “domestic restraining order” is a criminal offense.
Retainer
Money paid by the client to the lawyer or expert witness to obtain a commitment from the lawyer or expert witness to handle the client’s case. A retainer can be a deposit against which the lawyer or expert witness charges fees as they are earned.
Rules of Evidence
The rules that govern the method of presentation and admissibility of oral and documentary evidence at court hearings or depositions.
Separation
The court grants a legal separation. It grants the parties a partial divorce. They must live apart, but the marriage is not dissolved until a divorce is granted.
Separation Agreement
The legal document listing provisions for peace between divorcing couples, division of property, spousal support, and responsibility for children of the marriage. The couple’s agreement or court-ordered terms are part of the divorce decree.
Service
Providing a copy of the papers being led to the opposing party.
Settlement Agreement
A written contract dividing property, spelling out rights and obligations, and settling issues such as spousal and child support and custody.
Stipulation
An agreement between the parties or their counsel, usually related to matters
of procedure.
Subpoena
A court order requiring a person’s appearance in court or at a deposition as a witness or to present documents or other evidence for a case.
Summons
A Summons is a written notification to the defendant or respondent that an action has been led against him or her. It notifies a spouse of his/her rights and
obligations in responding to the Complaint for Divorce.
Temporary Orders
Orders granting relief between the ling of the lawsuit and the judgment. Temporary orders are automatic in some states. They are also called Pendente Lite
Orders.
Testimony
Statements under oath by a witness in a court hearing or deposition.
Transcripts
The written record of the divorce proceedings, testimony, or depositions.
Trial
The time when a judge hears the contested permanent or temporary issues, with supporting evidence and witnesses, in a couple’s divorce decisions. The judge may take a few hours or a few weeks to review the information presented and issue a court opinion.
Uncontested Divorce
When the defendant is not going to try to stop the divorce and there are no issues for the court to decide about the children, money, or property
Visitation
The right of the non-custodial parent to see the children. Increasingly, states are granting this right to grandparents and close relatives
Voir Dire
Where the opposing counsel has the opportunity to disqualify an expert witness.
Writ of Summons
A form issued by the court directing a party to respond to a complaint, motion, or petition
