Module 2 - Overview of Divorce Laws and Exp Wit Flashcards
What is Arbitration?
Submitting a disputed matter for decision to a person who is not a judge. The decision of an arbitrator is usually binding and final.
What does ‘Best Interest of the Child’ refer to?
A discretionary legal standard used by judges when making decisions about custody, visitation, and support for a child during divorce.
What is a Change of Venue?
A change of judges or geographical location requested by a party who feels justified by state law.
Describe Collaborative Divorce.
A team approach to divorce where couples obtain professional help from specialists in legal, financial, and mental health fields.
What is Collaborative Law?
A dispute resolution model where each party retains their own attorney trained in Collaborative Law to settle disputes without going to court.
Define Collusion.
An agreement between two or more persons to bring false charges against another, illegal in divorce cases.
What is Common Law Marriage?
A judicially-recognized marriage based on cohabitation without a formal marriage ceremony in some states.
Who is a Complainant? What is another term for a Complainant?
The one who files the suit; same as plaintiff.
What is a Complaint in legal terms?
A legal document filed by the plaintiff to start the divorce process, stating the marriage has ended and listing grounds for divorce.
What does Condonation mean?
The act of forgiving a spouse for wrongdoing that constitutes grounds for divorce.
What constitutes Contempt of Court?
The willful failure to comply with a court order, judgment, or decree.
What is a Contested Divorce?
Any case where the judge must decide one or more issues not agreed to by the parties.
Who is a Corroborative Witness?
A person who testifies to support the story of one of the parties.
Define Court Order.
A written instruction from the court carrying the weight of law.
What is Cross-Examination?
The questioning of a witness presented by the opposing party to test the truth of that testimony.
What is a Curriculum Vitae?
A resume prepared by an expert witness to show their qualifications in their area of expertise.
What is a Decree?
The final ruling of the judge on an action for divorce, legal separation, or annulment.
What does Decree Nisi / Rule Nisi mean?
An order by the court stating a conditional divorce will become absolute by a certain date unless contested.
What is Default in legal terms?
A party’s failure to answer a complaint, motion, or petition.
Who is the Defendant?
The partner in a marriage against whom a divorce complaint is filed.
What is a Deposition?
The testimony of a witness taken out of court under oath and reduced to writing.
What is Direct Examination?
The initial questioning of a witness by the attorney who called them to the stand.
What is Discovery?
Procedures followed by attorneys to determine the nature, scope, and credibility of the opposing party’s claim.
What does Dismissal mean?
Occurs when a party voluntarily drops the case or a judge finds that a case lacks merit.
Define Dissolution of Marriage.
The legal process of ending a marriage; commonly referred to as divorce.
What is Domestic Violence?
The physical abuse of one family member by another.
What is Evidence?
Proof presented at a hearing, including testimony, documents, or objects.
What are Exhibits?
Tangible things presented at trial as evidence.
Who is an Expert Witness?
A professional whose testimony helps a judge reach a decision in court proceedings.
What does File/Filing mean?
To place a document in the official custody of a public official; necessary for court action.
What are Grounds for Divorce?
Reasons for seeking a divorce such as incompatibility, mental cruelty, physical abuse, or adultery.
What is a Guardian-ad-Litem?
A person appointed by a judge to represent someone legally unable to do so, like a minor child.
What is a Hearing?
Any proceeding before a judicial officer.
Define Hearsay.
An out-of-court statement offered to prove the truth of the matter asserted; generally inadmissible at trial.
What does Incompatibility mean?
The inability of persons to get along; a ground for divorce.
What is Interest-Based Bargaining?
A negotiation method in mediation focused on educating each other about interests to find mutually agreeable solutions.
What are Interrogatories?
A series of written questions served upon the opposing party to discover facts regarding disputed issues.
What is Judgment?
The order of the court on a disputed issue; synonymous with decree.
What does Jurisdiction refer to?
The power of the court to rule on issues related to the parties, their children, or their property.
What is Legal Separation?
Court ruling on property division and spousal support when a couple wishes to separate but not divorce.
What is Limited Divorce?
Establishes legal responsibilities while separated but does not end the marriage.
Define Litigation.
The process by which a civil case resolves parties’ rights.
What is Mediation?
A non-adversarial process where a neutral third party assists a couple in reaching their own divorce terms.
What is a Motion?
An application or request to the court for an order, which may be written or verbal.
What is No-Fault Divorce?
A marriage dissolution system allowing divorce without proving one party guilty of misconduct.
What does Nuptial mean?
Pertaining to marriage.
What is Pendente Lite Support?
A temporary court order providing support until the divorce is finalized.
What is Perjury?
The act of lying while under oath.
What is a Petition?
A written application for relief from the court, often for divorce.
Who is the Petitioner?
The person who filed the Petition or Complaint; also referred to as the Plaintiff.
What is a Plaintiff?
The spouse who initiates the legal divorce process by filing a complaint.
What is Positional Bargaining?
A negotiation method where one party proposes a solution and counteroffers are made until a resolution is found.
What is Precedent?
Decisions in pre-existing cases that factor into the case at hand.
What is a Prenuptial Agreement?
A contract between partners before marriage on how assets and liabilities will be divided in the event of divorce.
What is Privilege in legal terms?
The right of a spouse to make admissions to designated persons that are not admissible as evidence.
What is Pro Se Divorce?
A divorce where partners represent themselves in court without attorneys.
What is Rebuttal?
The introduction of evidence in response to new material raised by the defendant at trial.
What is Reconciliation?
When parties decide to get back together and may sign an enforceable reconciliation agreement.
Who is the Respondent?
The party defending against a divorce petition; synonymous with Defendant.
What is a Restraining Order?
A court order prohibiting a party from certain activities, often issued to protect against domestic violence.
What is a Retainer?
Money paid to a lawyer or expert witness to secure their commitment to handle a case.
What are the Rules of Evidence?
The rules governing the presentation and admissibility of evidence at court hearings or depositions.
What is Separation?
A legal separation where parties must live apart, but the marriage is not dissolved.
What is a Separation Agreement?
A legal document outlining provisions for property division, support, and responsibilities for children.
What does Service refer to in legal terms?
Providing a copy of filed papers to the opposing party.
What is a Settlement Agreement?
A written contract dividing property and settling issues like support and custody.
What is a Stipulation?
An agreement between parties or their counsel, usually related to procedural matters.
What is a Subpoena?
A court order requiring a person’s appearance in court or at a deposition.
What is a Summons?
A written notification to the defendant that an action has been filed against them.
What are Temporary Orders?
Orders granting relief between the filing of the lawsuit and the judgment.
What is Testimony?
Statements under oath by a witness in a court hearing or deposition.
What are Transcripts?
The written record of divorce proceedings, testimony, or depositions.
What is a Trial?
The time when a judge hears contested issues in a divorce case with supporting evidence and witnesses.
What is an Uncontested Divorce?
When the defendant does not try to stop the divorce and there are no issues for the court to decide.
What is Visitation?
The right of the non-custodial parent to see the children.
What does Voir Dire refer to?
The process where opposing counsel has the opportunity to disqualify an expert witness.
What is a Writ of Summons?
A form issued by the court directing a party to respond to a complaint, motion, or petition.
