Family Law Terms

Question 1

Superior Court

Answer 1

1 : a court of general jurisdiction intermediate between the inferior courts and the higher appellate courts
2 : a court having original jurisdiction and conducting jury trials

Question 2

BIC

Answer 2

Best Interests of the Child

Used to determine court decisions that impact a child’s upbringing or living situation, where the best interest of the child is paramount.

Question 3

Prenuptial Agreement

Answer 3

an agreement made between a man and a woman before marrying in which they give up future rights to each other’s property in the event of a divorce or death

Question 4

Annulment

Answer 4

1 : the act of annulling
: the state of being annulled
2 : a declaration by a court that a marriage is invalid compare divorce

Question 5

Common Law Marriage

Answer 5

a marriage that is without a ceremony and is based on the parties’ agreement to consider themselves married and usually also on their cohabitation for a period and their public recognition of the marriage compare concubinage NOTE: Most jurisdictions no longer allow this type of marriage to be formed, although they may recognize such marriages formed prior to a certain date or formed in a jurisdiction that does permit common-law marriages.

Question 6

Dissolution of Marriage (Jurisdiction)

Answer 6

• 6 month residency requirement in GA

- default 31 day waiting period after filing

Question 7

Dissolution of Marriage (Grounds)

Answer 7

“No-fault” - either spouse can file for divorce without having to show taht the other did something wrong.

Question 8

Uncontested Divorce

Answer 8

can get 30 to 45 days after service of complaint

Question 9

Temporary Restraining Order

Answer 9

n order of a specified duration issued after a hearing attended by all parties that is intended to protect one individual from violence, abuse, harassment, or stalking by another esp. by prohibiting or restricting access or proximity to the protected party

Question 10

preliminary injunction

Answer 10

an interlocutory injunction issued before a trial for purposes of preventing the defendant from acting in a way that will irreparably harm the plaintiff’s ability to enforce his or her rights at the trial

Question 11

permanent injunction

Answer 11

an injunction imposed after a hearing and remaining in force at least until the defendant has complied with its provisions

Question 12

custody

Answer 12

care or control exercised by a person or authority over something or someone: as
a : supervision and control over property that usually includes liability for damage that may occur
b : care and maintenance of a child that includes the right to direct the child’s activities and make decisions regarding the child’s upbringing

Question 13

guardian ad litem

Answer 13

a guardian appointed by a court to represent in a particular lawsuit the interests of a minor, a person not yet born, or a person judged incompetent

Question 14

Child Support

Answer 14

payment made for the support of the children of divorced or separated parents while the children are minors or until they reach an age set by the separation agreement or in a court order

Question 15

Child Support (Jurisdiction)

Answer 15

Superior Court?

Question 16

Child Support (Guidelines)

Answer 16

Both parents’ income, how many children need support, and the amount of time each parent spends with their children.

Question 17

Child Support (Modification)

Answer 17

Must provide that there has been a substantial change in either parent’s income and financial status, or in the child’s financial needs.

Based on:

• involuntary loss of income
• noncustodial parent’s lack of court ordered visitation
• noncustodial parent has exercised more visitation than the court ordered

Question 18

Peremptory Writ

Answer 18

a writ (as of mandamus) that presents an absolute order without the alternative to show cause

Question 19

Failure to pay Child Support

Answer 19

If willful non-support for 30 days, can be held in contempt, have wages garnished or automatically deducted, and get a penalty up to $1000 and a year in jail.

Question 20

Adoption

Answer 20

Legal process pursuant to state statute in which a child’s legal rights and duties toward his natural parents are terminated and similar rights and duties toward his adoptive parents are substituted.

Question 21

Surrender

Answer 21

to yield to the control or possession of another

Question 22

Surrogacy agreement

Answer 22

A woman carries and delivers a child for another couple or person

Question 23

Visitation

Answer 23

Access to a child granted to a parent who does not have custody

Question 24

Visitation (Grandparents)

Answer 24

Court doesn’t presume grandparents should have visitation rights, but they can file a Petition for Visitation.

Question 25

Separate Property

Answer 25

Property of a spouse that isn’t community property or marital property

Question 26

Marital Estate

Answer 26

property acquired by either spouse during the course of a marriage that is subject to division upon divorce

Question 27

Inheritance

Answer 27

Something to which one is entitled as heir

Question 28

Community Property

Answer 28

Property held jointly by husband and wife; especially from employment and debts acquired by either spouse after marriage that is deemed to belonging to each spouse as an undivided one-half interest

Question 29

Equitable Distribution

Answer 29

the distribution of marital assets by a court in a divorce action in accordance with statutory guidelines that are designed to produce a fair but not necessarily equal division of the property

Question 30

Alimony

Answer 30

An allowance made to one spouse by the other for support pending or after legal separation or divorce

Question 31

Alimony pendente lite

Answer 31

alminoy granted pending a suit for divorce or separation that includes a reasonable allowance for the prosecution of the suit

Question 32

Paternity

Answer 32

The quality or state of being a father

Question 33

Family Violence Petition

Answer 33

court order that tells the abuser to stop the abuse or face serious legal consequences. Lasts 12 months.

Question 34

Family Violence Petition

Answer 34

court order that tells the abuser to stop the abuse or face serious legal consequences. Lasts 12 months.

Question 35

Late Case Evaluation

Answer 35

Before a case reaches its final decision, an attorney evaluates the position of both sides and lets them know the likely outcome if they pursue a final trial.

Question 36

Collaborative Law

Answer 36

Pretty much an out of court agreement worked between attorneys and family members for the divorce terms.