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Chapter 8
Family Law
39
Law
12th Grade
02/02/2011

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Term
domestic relations
Definition
The area of law that deals with family law issues such as divorce, custody,and support.
Term
premarital agreement
Definition
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.
Term
prenuptial agreement
Definition
Another term for premarital agreement.
Term
annulment
Definition
To annul something is to nullify it or make it void; the term is often used in connection with a marriage.
Term
nullity
Definition
An action seeking a nullity of marriage requests the court to find that the "marriage" is null and void.
Term
void
Definition
Having no binding effect or legal force, such as a marriage or a contract.
Term
voidable
Definition
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.
Term
divorce
Definition
The total dissolving of a marriage.
Term
dissolution
Definition
The dissolving or termination of a marriage; the terms divorce and dissolution are often interchangeable.
Term
bifurcate
Definition
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.
Term
legal separation
Definition
An order granted by the court when a couple wish to live separately but do not wish to dissolve or terminate their marriage.
Term
child custody
Definition
The immediate control and care of a minor; the court will determine which spouse will have custody of a child.
Term
jurisdiction
Definition
The power or authority to act in a certain situation; the power of a court to hear cases and render judgments.
Term
support
Definition
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.
Term
spousal support
Definition
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.
Term
separate property
Definition
Property that belongs solely to one party; includes property acquired by gift or inheritance.
Term
community property
Definition
Property owned jointly by married persons; not all states recognize community property. (Ohio does not)
Term
quasi-community property
Definition
Property that would be considered community property if it had been acquired while the married couple were living in a community property state.
Term
retain
Definition
To employ or engage the services of a person.
Term
expert
Definition
A person who, through education or experience, has special expertise or knowledge in a particular field.
Term
characterize
Definition
To determine whether an item is separate, community, or quasi-community property.
Term
complaint
Definition
A document filed in a civil or criminal lawsuit that describes the allegations of the plaintiff and the basis for the lawsuit.
Term
answer
Definition
The pleading used by the defendant to respond to the plaintiff's complaint.
Term
petition
Definition
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.
Term
petitioner
Definition
The person who files a petition with the court.
Term
respondent
Definition
The person who answer the petition.
Term
temporary restraining order (TRO)
Definition
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.
Term
discovery
Definition
A pretrial process ac acquiring information; the most common discovery tools are written interrogatories, depositions, and requests for production of documents and things.
Term
interrogatory
Definition
A written request for answers to questions, this discovery tool is used by the parties; written responses are required.
Term
propound
Definition
To propose or offer.
Term
deposition
Definition
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.
Term
court reporter
Definition
A person who records (electronically or stenographically) the testimony that takes place during the open court proceedings; the court reporter will produce a transcript.
Term
transcript
Definition
The document produced by the court reporter; the official record of the proceedings.
Term
deponent
Definition
The person whose testimony is given under oath during a deposition.
Term
depose
Definition
To give evidence at a deposition.
Term
mediation
Definition
An informal, out-of-court dispute resolution process; a mediator, or neutral person, assists the parties in reaching an agreement.
Term
conciliation
Definition
The settlement of disputes in a nonadversary manner.
Term
presumption
Definition
An inference to support a specific fact.
Term
motion
Definition
A request made to a court; for example, a motion could request temporary support or a change in custody.
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