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Divorce Law Terminology Flashcards

1
Q

Have divorce rates increased or decreased since the no-fault divorce laws were enacted?

A

Increased

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2
Q

Who is trained to answer interrogatories?

A

Attorneys

not CDFAs

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3
Q

Can a CDFA provide litigation support relating to financial issues?

A

Yes

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4
Q

How many states have “No-Fault” divorce?

A

All of the states

22 have “at-fault” divorce

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5
Q

3 Types of Alternative Dispute Resolution

A
  1. Mediation
  2. Arbitration
  3. Collaborative
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6
Q

Mediation

A

Working together to agree on issues

Uses neutral third party trained in divorce matters

Has no power to make or enforce decisions (mediator)

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7
Q

Arbitration

A

A third party imposes the agreement on parties

Submitting a disputed matter for a decision to a person who is not a judge

Decision is usually binding and final

Varies greatly from Mediation

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8
Q

Collaborative Divorce

A

A team reaches an agreement together and agrees the divorce will not be litigated

  • Team approach
  • Divorcing couple obtains professional help from specialist in the legal, financial, and mental health fields. If needed additional professionals (including child/parenting experts) may be called in to help settle the case
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9
Q

Condonation

A

The act of forgiving one’s spouse for wrong doing that could be the grounds for divorce

Often used as a defense for divorce

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10
Q

Financial Affidavit

A

Key document used to collect financial data

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11
Q

Deposition

A

The testimony of a witness taken out of the court and under oath and reduced to writing

May be used to discredit a witness if they change their testimony

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12
Q

How many states have no required separation period?

A

26

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13
Q

Community Property States

A

TWIN CAN LAW
- Texas
- Washington
- Idaho
- Nevada
- California
- Arizona
- New Mexico
- Louisiana
- Alaska- has unique/special treatment
- Wisconsin- has unique/special treatment

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14
Q

Temporary Orders

A

AKA Pendente Lite Support

Orders granting relief between the filing of divorce and the judgement

Automatic in some states

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15
Q

Marital Property
(Normal Definition)

A

All property acquired during marriage regardless of title or purchaser

Can also include the increase in value of separate property

Also includes separate property that has been comingled

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16
Q

Separate Property

A

Property acquired prior to the marriage

Property inherited either prior to or during the marriage

Gifts received

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17
Q

Comingle

A

To blend or to mix together things of different types

To make a presumptive gift of separate property to one’s spouse

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18
Q

Subpoena

A

A written or court ordering a person to attend a court or deposition

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19
Q

Interrogatories

A

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 determine in advance what facts will be presented at any trial in the case

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20
Q

Domestic Relations Order
(DRO)

A

A judgement, 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, child, or other dependent of a participant

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21
Q

Discovery

A

Occurs during the pre-trail phase of divorce

It can be formal or informal

In the formal process, each side obtains information and evidence from the other side

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22
Q

Deposition

A

Usually takes place in lawyer’s office with a court reporter. The witness swears to tell the truth

Purpose is to provide the lawyer with insight into both how a witness will testify at trial and what the witness will say

Can be used at trial to impeach a witness

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23
Q

Community Property Division

A

Marital property is divided 50/50

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24
Q

Equitable Property Division

A

Distribution is equitable

Not necessarily equal or 50/50

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25
What state does not recognize legal separation?
Texas
26
Common Law Marriage
A judicially recognized marriage in some states, usually based on cohabitation where no formal marriage ceremony has taken place
27
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
28
States that Recognize Common Law Marriages
- Alabama - Colorado - Iowa - Kansas - Montana - Oklahoma - Rhode Island - South Carolina - Texas - Utah - DC
29
Plaintiff
AKA Complainant The one who files for divorce
30
Collusion
An agreement between 2 or more parties where one party brings false charges against the other Ex: saying there was adultery or physical abuse
31
Who qualifies as an Expert Witness?
The judge, although it is possible for the lawyers to stimulate to the witness's qualifications
32
Sequence of the Basic Steps of Direct Examination
1. Explain assignments 2. Explain procedures and assumptions 3. Summarize work 4. Admit exhibits
33
Purpose of Temporary Order
To provide support for the family while permanent orders are pending
34
When do depositions usually occur?
Immediately after the complaint has been filed and before the trial
35
Collaborative Law
- Each party's attorney goes through special training - Lawyer's only job is to help settle the dispute - All parties agree to work together to find a "win-win" solution - No one may go to court or threaten to do so - If that should occur, the process is terminated and both lawyers are disqualified from any future involvement in the case
36
Change of Venue
A change of judges or geographical location, requested by a party to the action who feels that the change is justified by state law
37
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
38
Sequence of Courtroom Appearances as an Expert
1. Voir Dire 2. Direct Examination 3. Cross Examination 4. Redirect Examination
39
During Cross Examination, expert witness should
Limit their answer to the narrow question asked Often just a "yes" or "no" answer
40
Complaint
Legal document filed by plaintiff to start divorce process AKA Petition
41
Contempt of Court
The willingful failure to comply with a court order, judgement, or decree by a party to the actions May be punishable by fine or imprisonment
42
Corroborative Witness
A person who testifies for one of the parties and backs their story
43
Curriculum Vitae (CV)
Resume prepared by expert witness to show their qualifications in their area of expertise
44
Decree
Final ruling of the judge on an action for divorce, legal separation, or annulment AKA judgement
45
Decree Nisi/ Rule Nisi
Order by the court stating that a conditional divorce will become absolute by a certain date, unless a party contests the order
46
Defendant
Partner in marriage against whom the divorce complaint is filed AKA Respondent
47
Pro-Se Divorce
Divorcing partners represent themselves in court with no assistance of attorneys Latin for proper person
48
Service
Providing a copy of the papers being filed to the opposing party
49
Stipulation
An agreement between the parties or their counsel, usually related to matters of procedure
50
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
51
Voir Dire
Where the opposing counsel has the opportunity to disqualify an expert witness
52
Increases in value and was maintained as separate property
Still considered Martial property
53
Brought into marriage and maintained separate
Not considered martial property
54
Trial Consultant
Helps prepare witnesses, improve arguments and rhetoric, and selects juries
55
Litigation Support Professional
Helps attorneys manage large scale litigation like class action suits
56
How many divorce cases use the pro se approach to settlement?
50%
57
When do depositions usually occur?
After the close of discovery After the complaint but must be pre-trail
58
Depositions
Out of court testimonies made under oath Do not need to be written
59
Alaska
Elects to have their property treated as community property Key word elect
60
Purpose of Automatic Revocation Statutes?
To void beneficiary designations to an ex spouse after divorce Assumption is that the decedent intended to remove the ex spouse from the documents post divorce but forgot to do so
61
How many days is the typical residency requirements for filing for divorce?
90 days

CDFA (11 decks)

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