Family Law – Key Vocabulary

26 vocabulary flashcards covering jurisdiction, custody, divorce statutes, contracts, support, and procedural requirements from the lecture notes.

In Personam Jurisdiction

A court’s power over the parties to a case; it may extend to a defendant who resides in another state.

Subject Matter Jurisdiction

A court’s authority to hear a particular type of case (e.g., a bankruptcy court hears only bankruptcy matters).

Venue

The proper geographic location for a trial, usually based on where the parties live, do business, or where the property is located.

Jurisdiction (General)

The legal authority of a court to make decisions and the territory within which those decisions apply.

Marital Misconduct

Fault-based acts during marriage or before separation, such as adultery, substance abuse, or abandonment.

Divorce from Bed and Board (Mensa et Thoro)

A court-ordered separation that ends cohabitation and inheritance rights but does not dissolve the marriage.

Physical Custody

The right to have the child reside with and be under the actual care of a parent.

Legal Custody

The authority to make major decisions for a child, including education and medical care.

Sole Custody

One parent holds exclusive physical and/or legal responsibility for a child.

Joint Custody

Parents share physical residence and decision-making authority for the child.

Best Interest of the Child

The guiding standard that custody arrangements must primarily promote a child’s welfare, not parental rights.

Title of N.C.G.S. Chapter 50

The North Carolina General Statutes chapter titled “Divorce and Alimony.”

Title of N.C.G.S. Chapter 51

The North Carolina General Statutes chapter titled “Marriage.”

Void Marriage (NC)

A marriage invalid under statute, such as bigamy, underage parties without capacity, double-first cousins, or lack of mental capacity (N.C.G.S. §§ 51-3, 50-4).

5 Effects of Absolute Divorce

Spouses lose elective share, intestate succession, years’ allowance, estate administration rights, and property interests in each other’s estates.

Premarital Contract (Prenuptial Agreement)

An agreement between prospective spouses setting forth property and support rights in the event of divorce.

Second Glance Doctrine

Judicial power to review a prenuptial agreement at enforcement to ensure its terms remain fair.

Postnuptial Contract

An agreement made after marriage that outlines terms governing a potential future divorce.

Child Support Duration (NC)

Obligation lasts until the child turns 18 or until graduation if still in high school after 18.

Child Support Worksheet A

Used when one parent seeks primary physical custody.

Child Support Worksheet B

Used when the parents share joint physical custody.

Child Support Worksheet C

Used when parents split custody of multiple children between households.

Substantial Change in Circumstances

Required showing to modify an existing custody order, demonstrating impact on the child’s best interest.

Custody Mediation (NC)

A mandatory process parents must attend before litigating custody disputes.

Financial Standing Affidavit (FSA)

A sworn statement summarizing a party’s income, expenses, assets, and debts for support determinations.

NC Divorce Filing Requirements

Spouses must live separate and apart for one year, and at least one spouse must have resided in NC for six months before filing.