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Family Law Court Procedure
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Flashcards
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Discovery Process
The pre-trial stage in a lawsuit where each party can obtain evidence from the opposing party by means of discovery devices such as a request for answers to interrogatories, request for production of documents, and depositions.
Filing a Petition
The formal act of submitting a written document to the court requesting the initiation of a case.
Service of Process
The procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party.
Motion Practice
The procedure of requesting that the court make a decision on a specific legal issue. This can be done before, during, or after the trial.
Temporary Orders
Court orders that are intended to be in effect while the case is ongoing, often to address immediate needs such as child custody and support.
Financial Disclosure
Both parties in a family law case are required to share their financial information to ensure fair division of property and proper calculation of support.
Child Custody Evaluation
An assessment process by a court-appointed expert to determine what custody arrangements would be in the best interest of a child.
Modification of Orders
The process of legally changing court orders due to significant changes in circumstances since the initial order was made.
Custody Agreement
An arrangement made between separating or divorcing parents that establishes who the child will live with and the visitation rights of the other parent.
Case Management Conference
A meeting facilitated by the court to organize the proceedings of the case, set timelines for completion of certain tasks, and make initial orders if necessary.
Pretrial Conference
A meeting that occurs before a trial begins, where the judge and the attorneys discuss the status of the case, and may settle procedural matters and clarify issues in dispute.
Spousal Support
Financial payments made to a spouse or ex-spouse post-divorce, also known as alimony, intended to provide for the receiving spouse's needs as established during the marriage.
Mediation
A form of alternative dispute resolution where a neutral third party helps the couple resolve issues and come to an agreement outside of court.
Order of Protection
A legal injunction issued by a court to prevent one party from contacting or coming close to another person, often used in cases of domestic violence or abuse.
Legal Separation
A court-ordered arrangement where a married couple lives apart but remain legally married, often including agreements about division of property, custody, and support.
Enforcement of Orders
Legal actions taken to ensure compliance with court orders, which can include wage garnishment, fines, or other penalties for noncompliance.
Judgment
The official decision made by a court concerning the legal matters before it, ending the lawsuit and determining the rights and obligations of the parties.
Paternity Testing
The use of genetic testing to determine if a man is the biological father of a child, which can impact child support and custody decisions.
Parenting Plan
A document that outlines how parents will raise their child after separation or divorce, including custody arrangements and visitation schedules.
Equitable Distribution
The fair division of property between spouses upon divorce, which takes into account factors such as the length of the marriage and the income of each spouse.
Child Support Calculation
The determination of financial support payable to the custodial parent for the care and support of children, often based on statutory guidelines.
Trial
The court process where both parties present their evidence and arguments to a judge or jury who then makes a decision based on the presented information.
Appeal
A request to a higher court to review and change the outcome of a decision made by a lower court.
Annulment
A legal procedure that declares a marriage null and void, as if the marriage never technically existed, due to reasons existing at the time of the marriage.
Termination of Parental Rights
A legal order that ends the legal parent-child relationship, resulting in the loss of all rights and duties of parenthood.
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