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Family Law Court Procedure

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Discovery Process

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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.

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Filing a Petition

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The formal act of submitting a written document to the court requesting the initiation of a case.

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Service of Process

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The procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party.

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Motion Practice

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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.

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Temporary Orders

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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.

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Financial Disclosure

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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.

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Child Custody Evaluation

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An assessment process by a court-appointed expert to determine what custody arrangements would be in the best interest of a child.

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Modification of Orders

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The process of legally changing court orders due to significant changes in circumstances since the initial order was made.

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Custody Agreement

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An arrangement made between separating or divorcing parents that establishes who the child will live with and the visitation rights of the other parent.

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Case Management Conference

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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.

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Pretrial Conference

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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.

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Spousal Support

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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.

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Mediation

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A form of alternative dispute resolution where a neutral third party helps the couple resolve issues and come to an agreement outside of court.

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Order of Protection

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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.

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Legal Separation

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A court-ordered arrangement where a married couple lives apart but remain legally married, often including agreements about division of property, custody, and support.

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Enforcement of Orders

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Legal actions taken to ensure compliance with court orders, which can include wage garnishment, fines, or other penalties for noncompliance.

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Judgment

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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.

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Paternity Testing

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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.

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Parenting Plan

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A document that outlines how parents will raise their child after separation or divorce, including custody arrangements and visitation schedules.

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Equitable Distribution

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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.

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Child Support Calculation

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The determination of financial support payable to the custodial parent for the care and support of children, often based on statutory guidelines.

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Trial

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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.

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Appeal

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A request to a higher court to review and change the outcome of a decision made by a lower court.

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Annulment

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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.

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Termination of Parental Rights

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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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