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The area of law that deals with family law issues such as divorce, custody,and support. |
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An agreement entered into before a couple marries; it often explains how the property belonging to each prospective spouse is to be characterized or distributed upon death or dissolution/divorce. This term is often used interchangeably with with term prenuptial agreement. |
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Another term for premarital agreement. |
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To annul something is to nullify it or make it void; the term is often used in connection with a marriage. |
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An action seeking a nullity of marriage requests the court to find that the "marriage" is null and void. |
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Having no binding effect or legal force, such as a marriage or a contract. |
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Having a defect that can be cured; often said of a marriage or a contract. If the defect is not cured, the marriage or contract can be nullified. |
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The total dissolving of a marriage. |
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The dissolving or termination of a marriage; the terms divorce and dissolution are often interchangeable. |
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To sever from the trial; in family law, it means that the divorce or dissolution may be granted, but the parties will need to come back to court to adjudicate another issue--for example, their property issues. |
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An order granted by the court when a couple wish to live separately but do not wish to dissolve or terminate their marriage. |
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The immediate control and care of a minor; the court will determine which spouse will have custody of a child. |
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The power or authority to act in a certain situation; the power of a court to hear cases and render judgments. |
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The court, in family law matter, may award child or spousal support. Such awards are designed to ensure that housing, food, and clothing--the necessities of daily living-are available for children or a spouse who is unable to earn an adequate living. All states have statutes explaining support guidelines and rules. |
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The court, in a family law matter, may award spousal support. Such support awards are designed to ensure that housing, food, and clothing--the necessities of daily living--are available for a spouse who is unable to earn an adequate living. |
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Property that belongs solely to one party; includes property acquired by gift or inheritance. |
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Property owned jointly by married persons; not all states recognize community property. (Ohio does not) |
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Property that would be considered community property if it had been acquired while the married couple were living in a community property state. |
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To employ or engage the services of a person. |
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A person who, through education or experience, has special expertise or knowledge in a particular field. |
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To determine whether an item is separate, community, or quasi-community property. |
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A document filed in a civil or criminal lawsuit that describes the allegations of the plaintiff and the basis for the lawsuit. |
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The pleading used by the defendant to respond to the plaintiff's complaint. |
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In a family law matter, the initial pleading filed by the petitioner; a family law petition will request a divorce/dissolution, nullity of marriage, or legal separation. |
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The person who files a petition with the court. |
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The person who answer the petition. |
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temporary restraining order (TRO) |
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An emergency remedy of short duration granted after the judge is assured that immediate and irreparable damage will be incurred by the party applying for the order. At the earliest possible date, both parties appear before the court for a full hearing on the matter. |
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A pretrial process ac acquiring information; the most common discovery tools are written interrogatories, depositions, and requests for production of documents and things. |
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A written request for answers to questions, this discovery tool is used by the parties; written responses are required. |
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The testimony of a witness, given under oath, outside the courtroom and taken before a court reporter; the deponent (the person whose deposition is being taken) will be asked questions by the attorney who requested the deposition. |
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A person who records (electronically or stenographically) the testimony that takes place during the open court proceedings; the court reporter will produce a transcript. |
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The document produced by the court reporter; the official record of the proceedings. |
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The person whose testimony is given under oath during a deposition. |
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To give evidence at a deposition. |
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An informal, out-of-court dispute resolution process; a mediator, or neutral person, assists the parties in reaching an agreement. |
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The settlement of disputes in a nonadversary manner. |
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An inference to support a specific fact. |
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A request made to a court; for example, a motion could request temporary support or a change in custody. |
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