CDFA

Glossary - 1 & 2

Accountant

Person who is qualified to keep, audit & inspect financial records of individuals or business concerns & prepares financial and tax reports

Actuary

Person whose work is to calculate statistically risks, premiums & life expectancies for insurance and pension plans

Attorney

Person who is legally qualified & licensed to represent a person in a legal matter, such as a transaction or lawsuit

Business Valuator

Individual who is trained in evaluating & assigning a value to a business

Divorce

Legal proceeding by which a marriage is legally terminated. May be contested (where one party denies the allegation or wants to keep the marriage in place) or uncontested.

Mediator

Individual who has been trained to assist people in coming to an agreement especially one that reconciles differences between disputants.

Pension Valuator

Individual who is qualified to calculate the value of defined benefit pension plans, such as the marital portion of a plan for the division of assets in a divorce.

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. Arbitration varies greatly from mediation.

Best Interest of the Child

A discretionary legal standard used by judges when making decisions about custody, visitation, and support for a child when the parents are divorcing.

Change of Venue

A change of judges or geographical location, requested by a party to the action who feels that the change is justified by state law.

Collaborative Divorce

A team approach to divorce in which divorcing couples obtain professional help from specialists in the legal, financial, and mental health fields; when needed, additional professionals (including child/parenting experts) may be called in to help the couple settle their case.

Collaborative Law

Collaborative Law is a new dispute resolution model in which each party retains their own attorney who has gone through specialized “Collaborative Law” training. The lawyer’s only job is to help settle the dispute. All parties agree to work together respectfully, honestly, and in good faith to try to find “win-win” solutions to the legitimate needs of both parties. No one may go to court, or even threaten to do so. If that should occur, the Collaborative Law process terminates and both lawyers are disqualified from any further involvement in the case.

Collusion

An agreement between two or more persons where one of the parties brings false charges against the other. In a divorce case, the husband and wife may agree to use adultery as a ground in order to obtain divorce more quickly, knowing full well that adultery was not committed. Collusion is illegal.

Common Law Marriage

A judicially-recognized marriage in some states, usually based on cohabitation where no formal marriage ceremony has taken place.

Complainant

The one who files the suit; same as plaintiff.

Complaint

This is a legal document filed by the plaintiff/complainant to start the divorce process. It states that the marriage has ended and lists the grounds and claims for the divorce. In some states it is also known as a petition.

Condonation

The act of forgiving one’s spouse who has committed an act of wrongdoing that would constitute grounds for divorce. Condonation generally is proven by living and cohabitating with the spouse after learning that the wrongdoing was committed. It is often used as a defense to a divorce.

Contempt of Court

The willful failure to comply with a court order, judgment, or decree by a party to the actions. Contempt of Court may be punishable by fine or imprisonment.

Contested Divorce

Any case where the judge must decide one or more issues that are not agreed to by the parties. All cases are considered contested until all issues have been agreed to.

Corroborative Witness

A person who testifies for one of the parties and backs up their story.

Court Order

A written instruction from the court carrying the weight of law. Orders must be in writing. Anyone who knowingly violates a court order can be held in contempt of court.

Cross Examination

The questioning of a witness presented by the opposing party on trial or at a deposition. The purpose is to test the truth of that testimony.

Curriculum Vitae

A resume that is prepared by an expert witness to show their qualifications in their area of expertise.

Decree

The final ruling of the judge on an action for divorce, legal separation, or annulment. Decree has the same meaning as judgment.

Decree Nisi/Rule Nisi

An order by the court stating that a conditional divorce will become absolute by a certain date, unless a party contests the order.

Default

A party’s failure to answer a complaint, motion, or petition.

Defendant

The partner in a marriage against whom a divorce complaint is filed. Defendant has the same meaning as respondent.

Deposition

The testimony of a witness taken out of court under oath and reduced to writing. Discovery depositions are the most common and are taken for the purpose of discovering the facts upon which a party’s claim is based or discovering the substance of a witness’s testimony prior to trial. The deposition may be used to discredit a witness if he changes his testimony.

Direct Examination

The initial questioning of a witness by the attorney who called him or her to the stand

Discovery

Procedures followed by attorneys in order to determine the nature, scope, and credibility of the opposing party’s claim. Discovery procedures include depositions, written interrogatories, and notices to produce documentation relating to issues relevant to the case.

Dismissal

Occurs when a party voluntarily drops the case (in some states) or when a judge finds that a case totally lacks merit.

Dissolution of Marriage

The legal process of ending a marriage. In most states, the legal term for divorce.

Domestic Violence

The physical abuse of one family member by another.

Evidence

Proof presented at a hearing, including testimony, documents, or objects.

Exhibits

Tangible things presented at trial as evidence.

Expert Witness

In court proceedings, the expert witness is the professional whose testimony helps a judge reach a decision.

File/Filing

To place a document in the official custody of some public official. Every case brought to court must be filed with the court clerk in order for the court to take action upon the case. A case is filed when a party (plaintiff) writes a written complaint and brings it to the clerk, who files it. The plaintiff must also serve the opposing party with a copy of the complaint.

Grounds for Divorce

Reasons for seeking a divorce, such as incompatibility, mental cruelty, physical abuse, or adultery. While some states allow fault grounds for divorce, all states have some form of no-fault divorce.

Guardian-ad-Litem

A person appointed by a judge to prosecute or defend a case for a person legally unable to do so, such as a minor child.

Hearing

Any proceeding before a judicial officer.

Hearsay

Hearsay is an out-of-court statement offered to prove the truth of the matter asserted. Generally speaking, hearsay cannot be used at trial, but there are exceptions that permit it to be admitted to court.

Incompatibility

The inability of persons to get along; a ground for divorce.

Interest-Based Bargaining

A method of negotiation used in mediation. It starts with each party educating the other party about their interests. Ideally, the parties will work together until they find solutions that allow both parties to meet their needs.

Interrogatories

A series of written questions served upon the opposing party in order to discover certain facts regarding the disputed issues in a matrimonial proceeding.

Judgement

The order of the court on a disputed issue; same as decree.

Jurisdiction

The power of the court to rule upon issues relating to the parties, their children, or their property.

Legal Separation

Court ruling on division of property, spousal support, and responsibility to children when a couple wishes to separate but not divorce. A legal separation is most often desired for religious or medical reasons. A decree of legal separation does not dissolve the marriage and does not allow the parties to remarry. Texas does not recognize legal separation.

Limited Divorce

Establishes certain legal responsibilities while the parties are separated but does not end the marriage. Also referred to as legal separation.

Litigation

The process by which a civil case settles parties’ rights.

Mediation

A non-adversarial process in which a husband and wife are assisted in reaching their own terms of divorce by a neutral third party trained in divorce matters. The mediator has no power to make or enforce decisions. Mediation differs greatly from Arbitration.

Motion

An application or request to the court for an order. May be written or verbal.

No-Fault Divorce

A marriage dissolution system whereby divorce is granted without the necessity of proving one of the parties guilty of marital misconduct.

Nuptial

Pertaining to marriage.

Pendente Lite Support

A temporary order of the Court that provides support until the divorce is finalized. (See also "Temporary Order.")

Perjury

The act of lying while under oath.

Petition

A written application for particular relief from the court. In some jurisdictions complaint for divorce is entitled “petition for dissolution.”

Petitioner

The person who filed the Petition or Complaint. Also referred to as the Plaintiff.

Plaintiff

The spouse who initiates the legal divorce process by filing a complaint or petition stating that the marriage is over and listing the grounds and claims against the other spouse. Plaintiff is the same as Petitioner.

Positional Bargaining

Positional bargaining starts with the solution. One party proposes a solution and the other party makes an offer. Counteroffers are made until a resolution is found that works for both parties.

Precedent

Decisions found in other pre-existing cases which factor into the case at hand.

Prenuptial Agreement

Prior to a marriage, partners contractually agree how assets and liabilities will be divided in the event of a divorce. Prenuptial agreements are usually upheld, absent fraud, coercion, duress, or severe misrepresentation.

Privilege

The right of a spouse to make admissions to an attorney, clergyman, psychiatrist, or others as designated by state law that are not later admissible as evidence.

Pro Se Divorce

A divorce wherein the divorcing partners represent themselves in court (with or without a mutually agreeable separation agreement) without the assistance of attorneys. Pro Se is Latin for Proper Person.

Rebuttal

The introduction of evidence at a trial that is in response to new material raised by the defendant at an earlier stage of the trial.

Reconciliation

When parties decide to get back together. They may sign a reconciliation agreement, which is enforceable by the court.

Respondent

The party defending against a divorce petition (complaint). (See also "Defendant.")

Restraining Order

A court order prohibiting a party from certain activities. Issued in response to a motion. Restraining orders are often issued to protect against domestic violence or to protect marital assets. In many states, violating a “domestic restraining order” is a criminal offense.

Retainer

Money paid by the client to the lawyer or expert witness to obtain a commitment from the lawyer or expert witness to handle the client’s case. A retainer can be a deposit against which the lawyer or expert witness charges fees as they are earned.

Rules of Evidence

The rules that govern the method of presentation and admissibility of oral and documentary evidence at court hearings or depositions.

Separation

The court grants a legal separation. It grants the parties a partial divorce. They must live apart, but the marriage is not dissolved until a divorce is granted.

Separation Agreement

The legal document listing provisions for peace between divorcing couples, division of property, spousal support, and responsibility for children of the marriage. The couple’s agreement or court-ordered terms are part of the divorce decree.

Service

Providing a copy of the papers being filed to the opposing party.

Settlement Agreement

A written contract dividing property, spelling out rights and obligations, and settling issues such as spousal and child support and custody.

Stipulation

An agreement between the parties or their counsel, usually related to matters
of procedure.

Subpoena

A court order requiring a person’s appearance in court or at a deposition as a witness or to present documents or other evidence for a case.

Summons

A Summons is a written notification to the defendant or respondent that an action has been filed against him or her. It notifies a spouse of his/her rights and obligations in responding to the Complaint for Divorce.

Temporary Orders

Orders granting relief between the filing of the lawsuit and the judgment. Temporary orders are automatic in some states. They are also called Pendente Lite Orders.

Testimony

Statements under oath by a witness in a court hearing or deposition.

Transcripts

The written record of the divorce proceedings, testimony, or depositions.

Trial

The time when a judge hears the contested permanent or temporary issues, with supporting evidence and witnesses, in a couple’s divorce decisions. The judge may take a few hours or a few weeks to review the information presented and issue a court opinion.

Uncontested Divorce

When the defendant is not going to try to stop the divorce and there are no issues for the court to decide about the children, money, or property.

Visitation

The right of the non-custodial parent to see the children. Increasingly, states are granting this right to grandparents and close relatives.

Voir Dire

Where the opposing counsel has the opportunity to disqualify an expert witness.

Writ of Summons

A form issued by the court directing a party to respond to a complaint, motion, or petition.