Glossary of Family Law Legal Terms

Please Note

The Language of Family Law

Like most areas of law, Family Law has terms which are used within the industry to describe circumstances, processes and events. Below is a glossary of legal terms and definitions to help you gain a better understanding.

Term	Definition
Action	A lawsuit or proceeding in a court of law.
Affidavit	A written statement supporting a party's request to the court that is sworn to before a notary public.
Agreement	A verbal or written resolution of disputed issues.
Alimony	A payment of support provided by one spouse or partner to the other.
Annulment	A marriage or domestic partnership can be dissolved in a legal proceeding in which the marriage or domestic partnership is declared void, as though it never took place. In the eyes of the law, the parties were never married. It is available only under certain limited circumstances.
Answer	The written response to a complaint, petition, or motion.
Appeal	The formal request to an appellate court to review the ruling made in a lower trial court to determine if that court's decision is accurate.
Appellate Court	A court that hears cases (that have been previously decided by a trial court) to determine if the trial court made the correct decision.
Arbitration	A court-like process where each party presents their issues to an impartial third party (arbitrator) and requests that the arbitrator make a final, binding decision.
Attorney	A person who has specialized training and has a license to practice law; s/he acts as an advocate and can give advice to the individual s/he represents.
Bankruptcy	A legal proceeding to obtain relief from the obligation to pay debt. These actions are filed in federal court and may include getting extra time to pay or be discharged of the debt.
Child Abuse	Acts that result in physical or emotional harm to children. The term child abuse covers a wide range of behavior, from actual physical assault by parents or other adult caretakers to neglect of a child's basic needs.
Child Custody Investigation/Study	A study performed by a court appointed examiner, usually a psychologist, psychiatrist, or social worker to make a recommendation to the court as to the appropriate custody and visitation arrangements.
Child Support	Money ordered by a court to be paid by one parent for expenses incurred in raising a child. Support is usually paid to the custodial parent.
Child Support Guidelines	The statutory rules used by the court to determine the appropriate amount of child support to be paid by the parents based upon their gross income (includes wages, salaries, interest, dividend and investment income). The guidelines are typically a formula. There are only a few circumstances when the court can award child support higher or lower than the guidelines.
Claim	A request or demand made of another person.
Clerk of Court	Clerks of court maintain records of all documents filed with the court and of court proceedings. They also collect various fees, fines, and forfeitures. The clerk is your first contact at the court and can answer most questions about court procedures and rules; however, they cannot give legal advice.
Closing Argument	This is your last chance to speak to the court. Give your opinion about the case using an argument based on the evidence presented.
Commissioner	A lawyer who performs many of the same functions as a judge. Court commissioners work under the direction of the court judges.
Community Property	Possessions held jointly by a married couple, each having an undivided one-half interest by reason of their marital status. Except for inheritances or gifts to either spouse, all property acquired by the husband or wife during the marriage is usually considered community property. This includes money, real estate, household furnishings, investment securities, automobiles, and other types of consumer goods that people have accumulated together. Property owned prior to the marriage and any income from such property remains separate and apart. Contractual agreements may also be made by the couple to allow them to maintain individual property.
Contempt	Failure to follow a court order. One side can request that the court determine that the other side is in contempt and the court can impose a fine or imprisonment for the purpose of punishment.
Contempt of Court	A determination by the court that a party failed to comply with a judgment, court order or decree.
Contested Issues	Issues that have not been resolved by agreement of the parties.
Court Order	The court's written ruling defining the parties rights and responsibilities regarding the subject of the order. May be drafted by an attorney and signed by the court.
Cross-Examination	This is the time you have to question the other party's witnesses. Ask short, clear questions; do not argue with, yell at, or harass the witness. Your goal is to ask questions that will get answers that point out inconsistencies in the other side's story. The scope of cross-examination questions are limited to the questions that were asked during a direct examination. New issues may not be introduced and asked of the witness on cross-examination.
Custody	An order granted by the court establishing care and control of the child(ren). Custody includes legal (decision-making) and physical (primary residence) decisions.
Default	A party's failure to answer a complaint, motion, or petition.
Default Order	An order entered by the court when one party fails to appear or respond to a court proceeding.
Deposition	The purpose of a deposition is to ask questions and solicit responses under oath to obtain the witnesses position. A deposition generally takes place in a law office, where the attorneys, their clients, witnesses and a court reporter are present.
Direct Examination	This is where your witnesses give testimony. Ask witnesses clear and direct questions one at a time; ask questions that help bring out the facts you want the judge or jury to hear. Find documents, other people (witnesses), or photographs that help the credibility of your version of the facts. You may not use people, letters, or notes that say they heard something from someone else, unless the "someone else" is the opposing party to your case. Witnesses should stick to the facts of specific things they saw and heard, not talk about how they feel.
Discovery	A term used to refer to the fact-finding process used to uncover information, gather records and determine if disclosures are valid. A way for getting information from the other side or other people. Examples of discovery are interrogatories (written questions) and depositions (questions that are usually in person and recorded).
Dissolution	The legal end of a marriage or domestic partnership.
Due Diligence	The effort made by an ordinarily reasonable party to avoid harm to another party. Failure to make this effort may be considered negligence.
Ex Parte	A hearing in which only one party is heard, usually due to the need for an immediate court order.
Expert Witness	An individual, deemed to be an expert by reason of education or specialized experience, retained for the purpose of being a witness to provide evidence to the court on the value or appropriate method of dealing with issue.
Family Law	Branch of law concerned with subjects such as divorce, legal separation, nullity, paternity, custody and support, and domestic violence.
Filing	Giving the clerk of court your legal papers.
Foster Care	Temporary care of children by substitute parents. Foster care is supervised by governmental or charitable agencies. It is used to protect children from unhealthy or unsafe home situations or to provide care when natural parents are unavailable. Foster care is different from adoptive care, where children become permanent members of a family.
Garnishment	A process provided by statute that allows a person to collect on a specific type of obligation by withdrawing an amount from property or income of the person that owes the money.
Guardian ad litem	An expert appointed to represent children and give the judge recommendations about the children in a divorce case where the legal custody or physical placement of the children is in dispute. The parties to the case must pay for the cost of the Guardian ad litem.
Hearing	A proceeding to decide temporary issues before the final trial takes place. Each party has the opportunity to present evidence in the form of testimony from the witnesses or written exhibits.
Injunction	A court order forbidding someone from doing a certain act that is likely to cause physical or mental injury or property loss to another party.
Joint Custody	Both parents sharing responsibility and authority with respect to the children. It may involve both joint legal and joint physical custody
Joint Legal Custody	Both parents share in the right and responsibility to make decisions relating to the health, education and welfare of a child.
Joint Physical Custody	Children spend a significant amount of time with each parent.
Judge	A former lawyer who has been appointed by the Governor or elected, to be a neutral in your case; s/he will direct your case as it proceeds through the legal system and make decisions based on the information you provide and on the law.
Judgment	A court’s decision. Also, a document reflecting the final decision of the court resolving the dispute and determining the rights and obligations of the parties.
Judgment of Dissolution	The name of the court order ending a marriage or domestic partnership.
Jurisdiction	The authority of the court to hear a case and to make a judgment regarding the issues in question.
Legal Custody	The rights and responsibilities of parents to make decisions relating to the health, education and welfare of their children.
Legal Separation	A court order arranging the terms (custody, support, etc.) under which a couple in a marriage or domestic partnership will live separately.
Lis Pendens	A legal document filed in the county where real property (land) is located to give notice to anyone that a legal action is pending regarding that property.
Marital Property	Assets that the court determines to be owned jointly by the parties regardless of the manner in which title is held, subject to equitable distribution upon termination of marriage or domestic partnership.
Mediation	The time where a neutral third party, who is not ANY part of the case (the mediator), listens to both sides and helps the parties reach agreement or settlement. The judge or court commissioner may order mediation, or the parties themselves may request mediation to work out their differences without long, costly court proceedings. A mediator has no power to force settlement of the issues.
Memorandum	A brief written memo to the court outlining the issues at a hearing or trial with supporting case law and facts.
Modification	An action requesting or an order granting a change in a final order as to custody, visitation, child support, and or spousal support, etc.
Motion	A request to the court for purpose of obtaining an order.
No Fault	In California , neither party needs to prove "fault" for the court to order the marriage or domestic partnership dissolved.
Non Joint Children	The children of one party, not born to, or adopted by, the other spouse or partner in the proceeding (e.g. children from a prior marriage).
Nullity	A marriage or domestic partnership can be dissolved in a legal proceeding in which the marriage or domestic partnership is declared void, as though it never took place. In the eyes of the law, the parties were never married. It is available only under certain limited circumstances.
Opening Statement	A summary of the case and facts, before witnesses or evidence is given. This is the time to tell the judge or jury briefly what your case is about and what you are asking for.
Order to Show Cause	A hearing before a court requesting that the other side appear and show cause why something should not happen. For example, modifying parenting time.
Parenting Plan	A document that is filed after parties have reached an agreement, which sets forth the schedule for each parent's time with the children. A parenting plan may also include guidelines as to how parenting time is to be conducted and rights and responsibilities of the parents in relation to the children.
Parenting Schedule (Also called Visitation)	An approved schedule for the children to spend time with both parents. This schedule typically includes weekly, holiday, vacations, birthdays, and other important dates and states how the times will be shared.
Pendente Lite	A temporary order that lasts until the final judgment. Generally addressing who lives in the home, the parenting time schedule for the children and support issues.
Petition	A written application to the court requesting judicial action on a certain matter.
Petitioner	The person(s) starting the case with the court; this person is the one who files the paperwork which begins the case. This person is also sometimes referred to as the moving party.
Physical Custody	Declares which parent the child will reside with (the custodial parent) and which parent will have a parenting time schedule (the non-custodial parent).
Pre-Trial Status Conference	The time the court has the parties meet to see how far along the case is, and to see if the parties have reached an agreement or settlement on all or most of the issues in the case. It may be done either in person or by phone.
Process Server	A person 18 years of age or older not a party to the action whose job it is to serve legal papers on another individual.
Property Settlement	Division of property in a dissolution or legal separation. This division may be based upon agreement of the parties and approval by the court or it may be ordered by the court after a contested hearing.
Property Valuations	A value placed upon a piece of real or personal property. The court's finding of the value is the ultimate decision.
Respondent	The person against whom an action is filed.
Response	The pleading filed in answer to the allegations of a petition.
Restraining Order	An order forbidding one or more parties in a case from some specified act.
Retainer	A fee paid in advance to an attorney and/or expert for services to be performed.
Settlement	The agreed upon resolution of disputed issues.
Settlement Agreement	A settlement reduced to a written document. A settlement must generally be reduced to an order or judgment and signed by a judge to be binding on the parties.
Sole Legal Custody	One parent has the right and responsibility to make decisions relating to the health, education and welfare of a child.
Sole Physical Custody	Children reside primarily with one parent and have parenting time with the other parent.
Spousal Support	An amount of money paid by one spouse to the other during separation (Pendente Lite) or after the parties are divorced. The law sets out the basis for such payments. Transitional Support: The judge looks at what support is needed to assist the spouse in re-entering the work force. Funds can be used for education or retraining. Compensatory Support: The judge determines an amount of support that compensates one spouse for supporting the other's education, career, or earning ability. Spousal Maintenance: The judge considers what support is appropriate to keep a standard of living similar to what was enjoyed during the marriage.
Statutes	The written laws of a legislative body.
Stipulation	A formal agreement between the parties or attorneys on behalf of parties relating to a matter of procedure or fact.
Subpoena	A command to appear at a certain time and place to give testimony or to bring documents.
Summons	A written notification to the respondent that an action has been commenced against him or her and requiring the respondent to appear within a specific period of time to answer the allegations of the petition .
Supervised Visitation	Visitation limited to special situations in which a third party, specified by the Court, is present. Supervised visitation may occur when there is a need to protect children because of drug or alcohol abuse, child abuse or neglect, family violence, or other serious problems, or when children are getting to know an absent parent.
Surrogate	A person acting on behalf of another or a substitute, including a woman who gives birth to a baby of a mother who is unable to carry the child.
Testimony	Statements under oath by a witness or a party in a court hearing or deposition.
Trial	The process by which the parties present evidence and witness testimony before a judge for the purpose of having the court making a determination.
Uncontested Divorce	When there are no issues for the court to decide about the children, money, or property, or the parties agree to all issues, or the Respondent does not make an appearance.
Use and Possession	The right of one party to remain in the family home for a certain period of time from the date of the divorce, under certain circumstances.
Vacate	An order of the court canceling or rescinding a prior order of the court.
Visitation (also called Parenting Schedule)	An approved schedule for the children to spend time with both parents. This schedule typically includes weekly, holiday, vacations, birthdays, and other important dates and states how the times will be shared.
Visitation Study	An evaluation usually done by a psychologist, psychiatrist, or social worker to make a recommendation to the parties and/or the court regarding the appropriate parenting time schedule for that particular family.