Divorce Dictionary

8/6/2019 Divorce Dictionary

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Abandonment. See Desertion

Abduction (of Child). See Parental Kidnapping

Abuse. See Cruel and Abusive Treatment

Abuse Prevention. See Restraining Order

Action; Actionable. See Cause of Action

Admissible; Admissibility. Any testimony, document, or demonstrative materialthat is officially considered by the court, i.e., allowed into evidence, generally incompliance with the rules of evidence.

Adultery. Sexual intercourse between a married person and a third party.

Courts once used adultery, once the sole ground for divorce in somejurisdictions, to punish the guilty. Today courts are more interested in theeconomic impact of adultery, if any, on the marital estate. How muchmoney was spent on the mistress' Think of judges as accountants who wantfull disclosure and financial accounting for improperly spent funds.

ADR. See Alternative Dispute Resolution.

Affidavit. A written statement, voluntarily signed under oath, usually in support ofa motion.

Be careful that you have personal knowledge of all matters asserted, or elseit 'can and will be used against you in a court of law.' If there is any doubtwhatsoever, but you still believe something is true, say 'Based oninformation and belief....'

Agreement; Separation Agreement; Property Settlement Agreement; Marital

Agreement. A legally enforceable, spousal contract settling all matters.

Generally not referred to as a 'divorce agreement' since only the court can

grant a divorce. If the parties fail to reach an agreement, the case goes totrial, and the court's decision and judgment is substituted. Court's judgmentsare modifiable based on a 'material change in circumstances.' An agreementmay be either modifiable or unmodifiable ('surviving'). Typically, theseagreements settle issues relating to:

1. Asset and liability division


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2. Alimony, health, and life insurance

3. Legal and physical custody, child support, visitation, medicalinsurance and expenses, and college.

Aid to Families with Dependent Children (AFDC). Government aid program toimpoverished families. Commonly known as Welfare. Replaced in 1996 byTemporary Assistance for Needy Families (TANF) Program, created by theWelfare Reform Law of 1996. TANF became effective July 1, 1997. SeeTemporary Assistance for Needy Families. See www.acf.dhhs.gov/programs/afdc/

Alienation of Affection. Any intentional, malicious interference with a maritalrelationship.

Historically, the aggrieved spouse could bring an action against the third

party wrongdoer, without filing for divorce. These suits are now rare,however, and are prohibited in some states. Today courts will entertain faultdivorces making the co-respondent a defendant in the action, but suchdefendants are generally not liable financially for their adultery.

Alimony. Court-ordered spousal support, usually periodic payments, butsometimes paid in a lump sum as part of a marital agreement (alimony 'buyout').

More modern terms include 'maintenance' and 'spousal support.' Paymentsare tax deductible to the payor and includable in the payee's taxableincome. Similarly situated parties are treated dissimilarly when the only

difference is gender. Most courts are sympathetic to women, especially inlong-term marriages or when the husband has a high income or greaterresources. In their zeal to protect women, some courts favor wives despitetheir economic equality.

See Rehabilitative Alimony and Temporary Support.

Alimony Pendente. See Temporary Support

Alimony Trust. A trust fund established to pay alimony; rarely used; extremely

expensive means of paying alimony involving complex gift and income taxanalyses.

Alternative Dispute Resolution. an out-of-court settlement process; arbitration,mediation, negotiation or collaborative law. Not litigation. Some states mandateADR for divorcing parties, although parties maintain the right to have a judgedecide their case. If parties settle, they may present their written settlement
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agreement to a judge who rules on its fairness and grants a divorce. Only courtscan divorce the parties. The parties may not agree to be divorced. Hence,settlement agreements may be called separation agreements or marital settlementagreements, never divorce agreements. See Agreement.

Alternate Payee. Party who will be paid pension benefits in the alternative, notthe employee. See www.dol.gov/ebsa/faqs/faq_qdro.html

American Law Institute (ALI). Established in 1923 to address the complexitiesand uncertainty of law around the United States; collaborates with the NationalConference of Commissioners on Uniform State Law (NCCUSL); publishesRestatements of the Law and Model Codes, including Principles of the Law ofFamily Dissolution.

Analysis and Recommendations. See http://www.ali.org

Annulment. The court's judgment that a so-called 'marriage' was never legallyvalid or became invalid after the marriage.

Where a marriage was never legally consummated, for instance if one partywas already married, the marriage is said to be 'void,' or a 'nullity,' i.e., itnever existed. In contrast, a 'voidable' marriage is valid unless, or until,annulled. Grounds for annulling a 'voidable' marriage include serious fraudor a party's legal incompetence at the time of marriage. Most annulmentsare obtained for religious reasons through a religious tribunal.

Answer to Complaint (Petition) and Counterclaim. A responsive pleading thatanswers allegations made in the complaint. A counterclaim sets forth thedefendant's allegations against the plaintiff, as if the defendant were asking for adivorce in the first instance. The defendant is sometimes called the 'plaintiff-in-counterclaim' since he makes his initial claim in this pleading.

Defendants must file an answer and counterclaim within a certain time ofbeing served with process, usually 20 days. The plaintiff, in turn, must filean 'answer to counterclaim.'

Antenuptial Agreement. See Prenuptial Agreement

Appeal. Review of a trial court's decision and judgment by a higher court. Theappeals court can review the trial court's 'finding of fact' and 'conclusions of law.'See Decision and Judgment.
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Appeals courts analyze the trial court's decision and judgment forsubstantive errors in its 'conclusions of the law.' In exceptional cases thetrial court's 'finding of facts' are also reviewed. Most findings of facts areextremely difficult to challenge because appeals courts defer to the trialcourt's ability to weigh evidence. Unless the trial court's findings of fact

cannot possibly be supported by the evidence, such appeals will fail. Judgeshave discretion to believe or disbelieve all evidence presented, and appealscourts will not second guess the trial court on its finding of facts.

While challenging a trial court's 'conclusions of law' is less difficult, statesgrant divorce judges substantial discretion in fashioning judgments.Therefore, appeals are often unsuccessful except for substantial errors oflaw that significantly and adversely impact a party; otherwise, the mistakeis considered 'harmless error.' Whether your appeal succeeds may dependmore on your gender than the merits of your case. In Massachusetts, for

instance, over 80% of appeals brought by husbands were dismissed whereasover 80% of appeals brought by wives prevailed.

Appear; Appearance; File an Appearance. A court filing registering the nameof your lawyer, or, if you represent yourself, your name as 'pro se.'

Your lawyer must file an appearance with the court. All pleadings andnotices are then sent to her address which constitutes proper service on you.If you appear without counsel, you are said to appear pro se.

Once counsel files her appearance, she cannot withdraw her appearancewithout your permission or leave of court, usually by motion. Sometimescourts will not allow counsel to withdraw unless a new lawyer ('successorcounsel'), or the party herself, files an appearance. If no successorappearance is filed, courts frequently deny this request, even if the clientfails to pay attorney's fees. Counsel then becomes your involuntary servant,but don't expect zealous advocacy from a slave. You may get what you payfor. Obviously, divorce lawyers view this problem as justification for largeretainers.

Appraisal. The systematic and comprehensive analysis of the value, price or

worth of an asset by examining the characteristics of the particular asset incomparison with similar or comparable assets that have been sold on dates as closeas possible to the date of the analysis. See http://www.asc.gov/

Approximation Rule. Newer concept developed by the American Law Institute tohelp decide child custody cases by maintaining approximately the same parenting
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routines after divorce as the parties and child experienced before divorce. SeeAmerican Law Institute.

Arbitration. A legally binding, non-judicial procedure held before a neutral thirdparty, the 'arbitrator,' who acts as private judge.

Unlike mediation, neither party can unilaterally terminate the process, andboth parties are bound by the arbitrator's decision, as if a judge acted in herofficial capacity. In some states, judges refer certain cases or aspects ofcases for arbitration.

Arrearages. The deficiency between the amount, if any, paid and the amountrequired under court order. If payments are made voluntarily on a de facto basis,i.e., not under court order, any reduction in the amount of such payments is notconsidered an arrearage.

Assignment. The transfer or formal giving of right, title or interest in property toanother person or entity, such as an assignment of a share of a pension to a spouseas an alternate payee. See Alternate Payee.

Assisted Negotiation. See Mediation.

Assisted Reproductive Technology (ART). Artificial means of removing eggsfrom a woman, fertilizing the egg in a laboratory and returning the fertilized egg tothe womans body or a carrier. See http://www.cdc.gov/reproductivehealth/ART

Association of Family and Conciliation Courts (AFCC). An organizationfounded in the 1960s for professionals concerned about the care and custody ofchildren and the collaborative resolution of disputes. See http://www.afccnet.org.

Attachment. See Attachment Theory.

Attachment Disorder. Condition that results from preventing, impairing ordisrupting an infant or young childs time with a primary caregiver on the theorythat the child fails to form an attachment or bond with the caregiver, feels theworld is unsafe, acts out, exhibits various symptoms, and later fails to develop any

attachments or lasting relationships as an adolescent or adult. Also becomes moreprone to serious psychological problems as an older child and adult. SeeAttachment Theory.

Attachment; Motion for Attachment. A lien on personal or real property createdby court order (known as a writ of attachment) in response to a motion forattachment.
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Attachments are issued by courts to preserve marital assets. An importantadjunct to restraining orders, they are used if there is substantial risk that arestraining order would be violated. For instance, if the marital home is inthe husband's name, and he decides to sell the house despite a restrainingorder, the attachment puts the world on notice that any purchaser would be

subject to the wife's rights. Obviously, no buyer would buy nor lender lendunder these circumstances. Most orders of attachment are issued ex parte(see below).

Attachment Theory. Concept developed in the late 1960s by John Bowlby andMary Ainsworth that led to the conclusion that infants and young children shouldnever spend more than a few hours away from their primary caregiver or theymight not develop the ability to form an appropriate attachment and trust inanother person. See Attachment Disorder. Often cited in child custody cases in thelatter part of the twentieth century to prevent infants from leaving the care of their

mothers for more than a few hours, never for an overnight visit with thenoncustodial father. Later research points to childrens ability to form attachmentsto more than one caregiver.

Attorney for the Child(ren). A court-appointed attorney who represents thestated wishes of the child(ren). Unlike a guardian ad litem who acts in the child'sbest interest by substituting her own judgment for the child's, the attorney for thechild(ren) must promote those causes espoused by the child(ren) and generally notsubstitute her own judgment.

The lawyer's role is not clearly defined when representing very youngchildren. In these cases, lawyers must substitute their own judgment onobvious matters such as protecting a child's bank account from anuntrustworthy parent. Bankrupt; Bankruptcy. The inability of a person topay his bills as they become due. Also, a person's legal status in federalbankruptcy court. Alimony and child support are generally not affected, butproperty divisions, including the marital home, are unprotected from thirdparty creditors.

If concerned about your spouse filing for bankruptcy, consider anattachment on his portion of the marital assets, thus achieving 'secured

creditor' preferred status in bankruptcy court.

Automatic Restraining Order. Refers to a court order freezing assets; goes intoeffect automatically upon certain events like the filing of a complaint for divorce.If a party violates an automatic restraining order by transferring assets withoutprior leave of court or permission of the other party, that party could be found in


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contempt of court, subject to incarceration and/or financial penalties, includingpayment of the winners legal fees. Compare Trustee Process and Attachment.

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BIP. See Batterer Intervention Program.

Battered Immigrant. Abused spouses and minor children living in the UnitedStates with abusive citizens or lawful permanent residents. US abusers may refuseto file relative petitions on behalf of victimized spouses or minor children becausevictims are less likely to report abuse or leave, fearing deportation. Seehttp://www.ojp.usdoj.gov/vawo/laws/insvawa.htm.

Batterer. Person who uses violence and/or threats of physical, sexual or emotionalviolence against a member of the same household or romantic partner in a datingrelationship. Blames the victim, accepts no responsibility for own behavior. SeeBatterer Profile and Cycle of Violence.

Batterer Intervention Program. Program designed for people who use violenceagainst a member of the same household or romantic partner in a datingrelationship; usually for people arrested for domestic violence, including classes orgroup therapy, and possibly psychological evaluation, individual counseling, orcase management. Eighty percent of batterers are referred by the criminal justicesystem. Seehttp://www.ncjrs.org/pdffiles/168638.pdf

Batterer Profile. Controlling individual with poor impulse control who probablywitnessed abuse or was abused as a child; suffers from low self-esteem, but can beextremely charming and seductive early in a relationship, and then for no apparentreason turns angrily and explosively on a member of the household or romanticpartner in a dating relationship. Batterers are more likely than the generalpopulation to abuse drugs and alcohol; suffer from poor communication skills,frequently in denial, refuses to accept responsibility for own actions, and blamesothers. Emotionally dependent on partners and easily threatened by the possibilityof their departure. Excessively jealous and possessive. Usually male, suffering

from feelings of failure to live up to male paradigm.

Best interest of the child. The legal standard or doctrine for making child-relateddecisions.

Bifurcation; Bifurcated Trial. In some states, the grounds for divorce, and allproperty rights/support obligations, are tried separately.
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Binomial or Lattice Model. Developed in 1979 by Cox, Ross and Rubinstein.Used to value or price options. Considered more flexible than Black-ScholesMethod because more variables are considered, including vesting periods, changesin price, interest and dividends, forfeiture and early exercise. See Valuation.Compare Black-Scholes Model.

Biological Mother. Female who provides genetic material for a child, notnecessarily the gestational carrier. See Gestational Carrier.

Black-Scholes Model. Developed in 1973 by mathematicians Fisher Black andMyron Scholes to determine the value or pricing of a stock option. It utilizes thestock price, strike (exercise) price, expiration date, risk-free return, and thestandard deviation (volatility) of the stock's return. See Valuation. CompareBinomial or Lattice Model.

Bomber. A old term to describe an unethical divorce lawyer who sleeps with hisclients.

If your lawyer tries this on you, politely tell him 'no,' then immediatelyreport him to the state bar. Sleeping with a divorce client is a serious ethicsviolation -- besides, lovers make bad lawyers.

Bona Fides of Relationship. Intent of parties at time of marriage to enter into arelationship for good faith reasons, not simply to obtain benefits for a non-citizenspouse of an American citizen. See also INS.

Buccal Swab. Used to collect DNA samples from subjects inside cheek. Buccal,relating to the cheek. See www.paternitynet.com

Burden of Proof. The party asserting a claim must prove such claim is true.

In divorce, each party making a claim for a fault divorce must prove suchfault.


Cannons of (Legal) Ethics. State rules, usually established by each state'ssupreme court, that regulate the behavior of lawyers. Violations can lead towarnings, fines, suspensions, and even license revocation.

Regulations are pro-consumer; they attempt to protect innocent parties fromunscrupulous and improper behavior. If you think your lawyer is doing
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something wrong, i.e., it doesn't pass the 'smell' test, review the Cannonsfor possible violations. Also called 'Code of Professional Responsibility.'

Capias. A civil arrest warrant ordering the sheriff or other officer to take a personinto custody and deliver him to court. This procedure is used when a party refuses

to appear in court.

Cause of Action. A lawsuit. To bring an action (lawsuit). Certain wrongful actsare actionable offenses, meaning that such acts are the ground for a lawsuit, i.e.they create a cause of action.

Central Authority (CA). See Hague Convention (Convention). Under theConvention each participating country must designate a CA to handle HagueConvention child abduction cases. The U.S. Central Authority is the Departmentof States Office of Childrens Issues. The National Center on Missing and

Exploited Children (NCMEC) is responsible for incoming cases. The CA helpsparents seeking the return of a child to obtain legal services; provides the localcourt with information on the Convention; gets periodic updates from the court;processes requests for background checks on the child from the childs country ofhabitual residence (see Habitual Residence); obtains a written opinion on thewrongfulness of the alleged violation from the country of habitual residence; mayask a local social welfare agency to investigate childs welfare.

Certified Divorce Financial Analyst (CDFA). A trained professional who haspassed certain tests to become a financial analyst specializing in divorce issues.May also be a Certified Financial Planner (CFP).

Certified Financial Planner (CFP). Credentials awarded by Certified FinancialPlanner Board of Standards Inc. (CFP Board) to individuals who meet education,examination, experience and ethics requirements.

Change of Venue. See Venue; Change of Venue

Child Abduction. See Parental Kidnapping

Child Custody. See Custody--Legal and Custody--Physical

Child Support. Court-ordered payments from the non-custodial parent to thecustodial parent that are not tax deductible by the non-custodial parent, norincludable in the custodial parent's taxable income.

Child Support Enforcement Unit. State agencies established under federalSocial Security Act under Title IV-D entitled Child Support and Paternity


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Establishment, known as IV-D agencies, to collect data, establish parentage, ifnecessary, and collect child support; initially for welfare recipients, later expandedto include non-welfare cases. IV-D agencies may collect alimony if child supportis owed.

Child Support Guidelines. State guidelines requiring the non-custodial parent,under normal circumstances, to pay child support based on a percentage ofincome.

The federal government mandates that all states establish guidelines forchild support. The battle ground in many cases is the definition of 'income,'especially 'in-kind' compensation such as a company car. Contact yourstate's child support enforcement office as set forth in theState-by-StateResrouce Center.

Civil Union. A legally recognized relationship between two women or two men,but not a marriage, established in Vermont and Connecticut, with the samebenefits as marriage. Politically more acceptable than same sex marriage in 2005.The Union may be certified or performed by a member of the clergy or stateofficial.

Clear and Convincing Evidence. See Burden of Proof. One standard of proof ina civil case, meaning the degree of difficulty facing a litigant in proving his or hercase. A high standard, but not as high as the burden the prosecution must meet in acriminal case by proving guilt beyond a reasonable doubt. ComparePreponderance of the Evidence.

COBRA (Consolidated Omnibus Budget Reconciliation Act). Federallegislation that guarantees all persons covered by medical insurance, the right, fora monthly fee, to continue coverage even if employment or marital status changes.

COBRA covers ex-spouses even after one party remarries, for a fixed timeperiod. For instance, if you become ineligible by virtue of your spouses'remarriage, you may continue on his policy for approximately 18 months. Itcan be expensive, sometimes up to $600 per month. Make sure all healthinsurance matters are covered in your separation agreement, including

current and future medical insurance and uninsured medical expenses.

Code of Professional Responsibility. See Cannons of (Legal) Ethics

Cohabitation. Unmarried persons living together as if married.


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Cohabitation becomes a problem when 1) in parties who have minorchildren the custodial parent takes in a lover during the divorce process andthe non-custodial parent files a motion to prevent such behavior, and 2) anex-spouse, usually ex-wife receiving alimony, cohabitates rather thanremarries in order not to lose her alimony. Many judgments terminate

alimony upon remarriage. Cohabitation during divorce can make a badimpression on the court and is usually unwise.

Collaborative Law. a litigation-free means of settling disputes. See AlternativeDispute Resolution. Both parties and their collaborative lawyers agree in writingthat they will not use court proceedings. If the parties fail to reach an agreement,collaborative lawyers are dismissed. New counsel must be retained to litigate.

Collaborative Practice. See Collaborative Law. In addition to lawyers, mentalhealth and financial professionals participate in the settlement process.

Commencement of Action. The official beginning of your case, defined as thetime of filing your complaint for divorce with the court.

Complaints are not accepted for filing unless they comply with court rulesregarding form and substance and are accompanied with the filing fee.

Common Law. A body of law, sometimes referred to as 'case law,' developed byjudges over many years which establishes how courts interpret statutes and handlematters not specifically covered by statutes.

Common Law Marriage. A judicially-recognized marriage in some states,generally based on cohabitation. Courts in these jurisdictions may recognizemarriages despite the parties' failure to comply with local marriage statutes.

Community Property. A system of property division which divides equally allproperty -- no matter in whose name it is held -- acquired during the term of themarriage, excluding inheritances and gifts in some jurisdictions.

There are nine community property states: Arizona, California, Idaho,Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin

(quasi-community property). In these jurisdictions property acquired priorto the marriage stays with the party who acquired it. Certain jurisdictionsexclude property that comes into the marriage by gift and inheritance. Somecommunity property states allow equitable distribution where justice isserved. These rules vary state to state and are fraught with exceptions.Consult local counsel.


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Comparable Real Estate Sales. Recent real property sales used by real estateappraisers to establish the value of the real estate in question (subject property).Sales are usually in the same area and are similar in age, function, size, conditionand location. Any differences must be quantified by a dollar amount that is addedor subtracted from the appraised value of the subject property.

Complaint for Contempt of Court. See Contempt of Court, Complaint for

Complaint (Petition) for Divorce. A complaint for divorce initiates the divorceproceeding by identifying the parties; stating the grounds for divorce; stating allclaims against the defendant; and requesting the court to grant a divorce, grantcustody, divide property, and order support. All complaints must be filed with thecourt and served along with a summons.

Complaint for Modification. See Modification, Complaint for

Confidential Relationship. See Privilege

Conflict of Interest (Rules). Lawyers are prohibited from entering certainrelationships in which the lawyer, by virtue of his profession, received or appearedto receive confidential information about the opposing party. No lawyer can everrepresent both sides in a divorce, even if uncontested.

If you interview a divorce lawyer and decide not to retain him, that lawyeris barred from representing your spouse. If there is a certain lawyer that youdon't want your spouse to use, consider paying for an appointment and

sharing confidential information. Whether you use that lawyer or not, he isbarred from representing your spouse.

Conjugal; Conjugal Rights. The right of married persons to enjoy each other'sphysical comfort.

Consolidation. The joining of two related cases.

Divorce and independent marriage-related torts such as assault and battery,malicious interference with one's business are often consolidated. Actions

against third parties related to the marriage, such as a spouse's parents, canalso be consolidated based on the legal standard, whether 'justice would beserved.'

Contempt of Court, Complaint for. Legal action brought when theplaintiff/petitioner alleges a willful failure to obey a court order or judgment.


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Most such complaints are filed against husbands or ex-husbands for failureto make support payments. The defendant is generally entitled to anevidentiary hearing (trial) since he faces possible incarceration. Even wherethe court finds the defendant guilty of contempt, defendants are usuallygiven the opportunity to comply with the violated order, or 'purge the

contempt.' Jail is an extraordinary remedy. Remember, the object is not tokill the golden goose; jailbirds can't pay support.

To commence a contempt proceeding in many jurisdictions a complaint forcontempt must be filed with the court, and a copy of the complaint, alongwith a summons, must be served on the defendant.

Contested and Uncontested Divorce. In contested divorces, the parties areadversarial, they cannot agree to a separation agreement. In uncontested divorces,the parties agree to all matters, and present an executed separation agreement to

the court for approval.

Contingency Fee. In divorce cases, an unethical type of fee agreement thatprovides the lawyer with a percentage of your settlement or judgment.

No greedy, unethical lawyer has any business taking a percentage of yoursettlement or judgment. Why should a non-spouse share in the maritalestate' Does your lawyer intend to pay you alimony' While appropriate inpersonal injury and certain other types of cases, contingency fees have noplace in divorce proceedings.

If you interview a lawyer who wants a contingency fee, say 'have a niceday' and report him to the state bar. Such fees in divorce cases areprohibited by the Cannons of Ethics in most states. While the term 'legalethics' appears to be an oxymoron, state regulators take these chargesseriously.

Co-respondent. A third-party co-defendant in a divorce action accused ofcommitting adultery with the defendant.

When adultery was the sole ground for divorce, this awkward procedure

was commonplace. Today few divorces involve named third- partydefendants. Question your lawyer whether the potential benefits are worththe time, expense, and hard feelings. Do not allow your emotions to controlthis decision.


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Counsel Fees Pendente Lite, Motion for. 'Pendente Lite' means during thelitigation. Generally, a motion is filed by the wife requesting sufficient funds fromthe husband, or from the marital estate, to prosecute or defend the divorce action.

Many courts routinely grant fees in order to 'level the playing field.' If you

don't have access to liquid assets, consider having your lawyer filing thismotion. If your spouse is overly litigious, ask the court for him to pay yourfees out of his portion of the marital estate.

Counterclaim. See Answer and Counterclaim

Court. The term 'court' has three meanings:

1) a physical place, e.g., courtroom, courthouse

2) a quasi-political entity, e.g., superior court, family court 3) the actualjudge or justice acting in her official capacity

Court Arbitrator. See Family Service Officer; Court Service Officer; CourtMediator; Court Arbitrator

Court Docket. The formal court record of proceedings before it. Notations of allpleadings, orders, and judgments are entered into a docket book.

In divorce court the first entry is the complaint or petition for divorce. Thefinal entry is the judgment of divorce. If the case resurfaces because of a

complaint for modification or a complaint for contempt, the docket isreopened and continued.

If you are concerned that your spouse is about to file for divorce, visit thecourt to examine the docket. Ask how long a new filing takes to show up onthe docket.

Court Investigator. See Investigator; Court Investigator

Court Mediator. See Family Service Officer; Court Service Officer; Court

Mediator; Court Arbitrator

Court Order. See Order; Order of the Court

Court Services Officer. See Family Service Officer; Court Service Officer; CourtMediator; Court Arbitrator

Courtroom Etiquette:


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1) Treat the judge respectfully. Never interrupt or be argumentative,always ask permission to speak. In An Officer and a Gentleman, drillsergeant Lou Gossett reprimands recruit Richard Gere for referring to thesergeant as 'you.' Gossett points out that a 'ewe' is a female sheep. Alwaysaddress the judge as 'your honor,' 'judge,' or 'the court' -- but never refer to

the judge as 'you.' Finally, you may feel the judge is biased, disrespectful,insensitive, or just plain dumb. You have a right to these feelings, butnever, ever, treat the court disrespectfully, especially if you want respect.

2) Treat opposing counsel respectfully. Wait your turn to speak and don'tinterrupt or make faces and gesticulate when opposing counsel is speaking.Great self-control is necessary, especially when opposing counselintentionally lies or inadvertently makes misrepresentations to the courtbased on his client's misrepresentations to him. You'll get your turn.

3) Dress appropriately, be punctual, and be serious. Cry if you must, butavoid overly dramatic displays. Do not raise your voice or get into sideconversations or fights with yourspoused or his lawyer.

4) Tell the truth.

Court's of Equity. See Equity; Courts of Equity

Coverture. The period of time during which a women is married.

This term is used when establishing the value of property acquired during

the term of the marriage, i.e., coverture. For instance, pensions are oftenappraised based on coverture; only those contributions during the term ofthe marriage are taken into account.

Cross-examination. Following the direct examination of a witness, crossexamination is the follow-up questioning ('examination').

If your lawyer is conducting a cross-examination, that means the witnesswas first called by the opposing side. For instance, after your spousetestifies during direct examination, your lawyer has the opportunity to

cross-examine. As you know, these can be messy since the rules ofevidence allow almost anything that will impeach the witness.

Cruel and Abusive Treatment. Ground for divorce in a fault divorce, whereinthe plaintiff must prove physical or emotional harm to her or himself.


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Ask your lawyer for the legal definition in your state. If you forego thisclaim, you always retain the right at trial to enter into evidence 'thebehavior of the parties during the marriage.' See Fault and no-fault Divorce.Failure to assert abuse in the complaint simply precludes the court fromgranting a divorce on this ground, but the court is free to consider evidence

of spousal abuse in making its decision.

Curtesy. See Dower

Custodial Parent. Usually refers to the parent with whom the child(ren) reside(s),i.e., the parent with Physical Custody or Primary Physical Custody.

Custody Evaluation. See also Psychological Evaluation and PsychologicalTesting. Usually conducted by a mental health professional, sometimes called aGuardian ad Litem or court investigator. May include interviews, psychological

testing, and home visits. Reports sometimes include nonbonding recommendationsto the court, and are submitted to the court and attorneys for the parties.

Custody--Legal. A legal status or 'custodianship' vesting authority to approve allmajor decisions affecting a minor child. 'Joint,' 'split,' and 'shared' legal custodyrequire both parents' approval of all major decisions.

In cases of child abuse, and in highly contested custody proceedings wherethe parties can't communicate, sole legal custody may be granted to oneparent, usually subject to visitation or supervised visitation. If parents withjoint legal custody cannot agree about a major decision, then the courtmakes the decision. Courts often defer to the custodial parent, i.e., theparent with primary physical custody.

Custody--Physical. Relates to the physical location of the child. The adult withwhom the child resides is said to have physical custody. Such terms as 'sole,''primary,' 'shared,' and 'joint' are used to describe various parenting and visitationplans.

Most custody fights are fought over physical custody since there is usuallya strong presumption of joint legal custody. Studies demonstrate that

protracted custody fights have devastating effects on the mental health ofchildren. Years later as adults, these victims still suffer.

Cycle of Violence. Phases of an abusive relationship where the batterer or violentpartys behavior commences with a seemingly non-violent romantic nature thatbecomes irrationally jealous and possessive over time, causing victim to go togreat lengths to placate the batterer who inevitably becomes physically, sexually


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and/or verbally violent and explosive, followed by abject and apologetic behavior,but without acknowledgment or acceptance of blame or responsibility for ownconduct. Batterer blames others and the victim. The cycle continues throughoutthe relationship, usually with increasingly shorter periods between violentoutbursts. See Stalking.


Dating Violence. Violence committed by a person who is or has been in a socialrelationship of a romantic or intimate nature with the victim. The existence of sucha relationship is determined by the following factors: 1) length of the relationship;2) type of relationship; and 3) frequency of interaction between the personsinvolved. See http://www.ojp.usdoj.gov/vawo/laws/vawa_summary2.htm

Daubert Test. Reference to William Daubert v. Dow Pharmaceuticals, Inc.,decided by the U.S. Supreme Court in 1993. Relative to Rules of Evidence.Leading case describing judges task in deciding whether to admit so-called expertopinion into evidence based on scientific validity and applicability to the case;whether the science has been tested and subject to peer review and publication;and what the rate of error is. Important standard when dealing with psychologicaltestimony and evaluations in child custody or divorce cases. Later cases, Joiner(data must be reasonably relied upon by experts, 1997) and Kumho (expandsDaubert Test beyond scientific expertise to all technical and specializedknowledge, 1999), also decided by the U.S. Supreme Court, refines the Dauberttest. Compare Frye Test. See Rules of Evidence.

Death. Event causing the legal dissolution of the marriage when a spouse dies.Compare Divorce and Annulment.

Decision and Judgment. A decision is a judge's 'finding of facts' and 'conclusionsof law.' The decision forms the factual and legal basis of the court's judgment.

Judges have great discretion to interpret the facts and draw inferencestherefrom. SeeAppeal.

Decree Absolute. See Interlocutory Judgment; Interlocutory Decree; JudgmentNisi

Decree of Dissolution. See Divorce Decree.

Decree Nisi. See Interlocutory Judgment; Interlocutory Decree; Judgment Nisi
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de facto. Latin meaning 'in fact.' Acting in a certain manner, usually as ifcomplying with what a court might order, without such order being in place. Forinstance, if one parent is making voluntary child support payments pursuant to theguidelines, he is paying de facto guideline support, even though no court has soordered.

In contrast, de jure means in compliance with an order or judgment.

De Facto Parent. A person who has been found by the court to fulfill the role ofparent, providing the childs physical and psychological needs, for a substantialperiod of time.

Deposition. See Discovery; Pretrial Discovery

Desertion. One of several grounds for a fault divorce. Most states require the

plaintiff to prove several of the following factors: 1) the defendant left the maritalhome for over one year; 2) the parties failed to agree to such departure; 3) theparty who left failed to pay support; and 4) the reason for the departure was notcaused by the plaintiff.

Ask you lawyer which factors apply in your state. This claim iscumbersome and may not be worth the trouble.

DHS. Department of Homeland Security. See also INS. See www.dhs.gov

Disciplinary Rules. See Cannons of (Legal) Ethics

Discovery; Pretrial Discovery. Discovery is the formal procedure for gatheringinformation pursuant to rules of court. The primary methods are:

1. Request for financial statement Immediately demand a financialstatement and follow up with additional requests during the pendency of thecase. Your objective is twofold: 1) fact-finding and 2) using anycontradictory information among statements to impeach your spouse t trial

2. Request for production of documents and things If you followed our

advice, most documents are already in your possession. Don't waste timemaking unnecessary requests for production, unless for strategic reasonsyour want to fool the enemy into believing that you don't possess certaindocuments.

3. Interrogatories propounded You are allowed to ask (propound) writtenquestions (interrogatories) to your spouse. Skip the boiler plate, and keepquestions focused. Your objective is information gathering and preparing
http://www.dhs.gov/http://www.dhs.gov/


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evidence for trial, even if the evidence consists merely of perjury, orinconsistent statements used to impeach your spouse. Unlike 'admissions'(see below), the court may limit the admissibility of the answers tointerrogatories propounded.

4. Depositions; Party Deposition A formal, out of court questioning underoath of a party (the 'deponent') by opposing counsel. A stenographer isusually present and produces a transcript. Used for information gathering,depositions also force a witness to commit to a certain story that cannot bechanged easily at trial without facing impeachment. Depositions areexpensive, provocative, and can offer your opponent a dress rehearsal fortrial. Don't call them unnecessarily.

5. Deposition Subpoenas; Subpoena Duces Tecum A third-partysubpoena to attend a deposition and bring requested documents. These

subpoenas are typically issued to employers and business associates. Weoften use this procedure when opposing party is uncooperative, dishonest ordoesn't keep good records. If you want documents but not testimony,arrange for them to be delivered without the expense of a deposition.

6. Keeper Deposition; Keeper of the Records Deposition Same as theSubpoena Duces Tecum, it forces the person responsible for records at abusiness to produce and authenticate documents. Such person's sole role isusually identification of documents. Keepers usually have no substantivetestimony relating to the case.

7. Request for Admissions Similar to interrogatories but 1) the questionsrequire a yes or no response, 'affirmed' or 'denied' and 2) the response isautomatically admissible evidence at trial for any relevant purpose.

8. Motion for physical or mental examination Physical examinations aresometimes requested when the opposing party, usually the husband, assertsthat a physical disability impairs his ability to make support payments.Mental examinations are more unusual, occurring mostly in contestedcustody cases, or if one party is seriously impaired. Requesting a mentalexamination is highly provocative, so expect retaliation in the form of a

request for you to be examined likewise.

9. Request to enter upon land A party can use the discovery to inspect realestate, often relating to valuation.

Discovery Problems. If you are being unreasonably oppressed by discovery, askthe court for a 'protective order' to quash, i.e., cancel, or limit the scope of a


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deposition. If the other side fails to cooperate with your requests, you can file a'motion to compel' and request sanctions. Fee awards are unusual; judges oftentolerate substantial misbehavior before punishing the guilty.

Disinherit; Disinheritance. To deprive a rightful heir from his or her inheritance.

State laws prohibit spouses from disinheriting each other. The survivingspouse is usually entitled to at least one third, no matter what is containedin the will. SeeDower and Curtesy. Also see Inheritance; InheritanceRights; Inheritance Expectancies.

Dissipation of Assets. Wasting of assets that might otherwise be available fordistribution upon divorce. Gambling, extravagant spending, or excessiveborrowing and use of credit cards are examples of dissipation.

Divorce Agreement. See Agreement; Separation Agreement; Property SettlementAgreement; Marital Agreement

Divorce Decree; Decree of Dissolution; Judgment of Divorce. The court's finaljudgment after expiration of the interlocutory or judgment nisi period. Upon thisdate you are legally divorced and can remarry. Generally, the final decree occursautomatically upon termination of the waiting period. Additional court filings andappearances are usually not required.

Divorcement; Bill of Divorcement. Same as divorce and divorce decree.

Docket. See Court Docket.

DOMA. Defense of Marriage Act of 1996. Federal law that provides for thenonrecognition of same sex marriage.

Domestic Relations Order. Compare Qualified Domestic Relations Order. Acourt order used to allocate interests between divorced spouses in nonqualifiedpensions, usually state and municipal pensions, as compared to private retirementaccounts like 401(k)s. The term "qualified" means the retirement account iscovered by or qualified under ERISA a federal law dealing with employee

benefits. See ERISA. www.dol.gov/ebsa/compliance_assistance.html.

Domestic Tort. See Tort; Marital Tort; Domestic Tort

Domestic Violence Hotline, National. created and funded under the Violenceagainst Women Act of 1994 and reauthorized and funded under the Violenceagainst Women Act of 2000. Seehttp://www.ojp.usdoj.gov/vawo/laws/vawa_summary2.htm
http://www.dol.gov/ebsa/compliance_assistance.htmlhttp://www.ojp.usdoj.gov/vawo/laws/vawa_summary2.htmhttp://www.dol.gov/ebsa/compliance_assistance.htmlhttp://www.ojp.usdoj.gov/vawo/laws/vawa_summary2.htm


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Domicile. A person's 'legal' home, i.e., where the person spends most of his time,or intends to return if currently living elsewhere.

In divorce, domicile is important in establishing jurisdiction and selectingvenue.

Domicile, Compare Residence. A party has one domicile, but may have severalresidences. Key term for deciding where divorce should be filed or which stateslaw applies to a case. See also UIFSA, UCCJEA and Hague Convention.

Dower. The wife's common law right to inherit from her husband.

In most states the surviving spouse cannot be disinherrited and is entitled toone third of the husband's property. Conversely, the husband's right toinherit from the wife is called curtesy. Be advised that until your judgment

of divorce is absolute, your spouse may have the right to inherit if you dieduring the nisi period. In some states, however, an executed separationagreement waiving the right to inherit may supersede inheritance rightsprior to the judgment becoming absolute.


Emancipation. In divorce court, 'emancipation' does not necessarily mean 'legalmajority,' i.e., 18 years old. Depending on the state and the educational status of

the child, emancipation may occur between ages 18 and 23.

Make sure your separation agreement defines 'emancipation' as occurringafter four years of college, so you continue receiving child support whileyour child(ren) attend(s) college. They need a place to come home forsummers and vacations.

Equitable Distribution; Equitable Assignment; Equitable Division (of

Property). In equitable distribution states, all property, whenever or howeveracquired, regardless of legal title, is subject to equal or unequal division.

Most states divide property according to equitable distribution statutes.Parties often have misconceptions about what is subject to division. Forinstance, in some states, if your spouse inherits money before marriage,even if the funds were always kept in his name and he never used them forfamily purposes, the funds are still subject to division. Such funds are part
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of the marital estate subject to equitable division. In this situation thedivision could be unequal, especially if the marriage was of short duration.

Each state's divorce laws set forth mandatory 'factors' judges must considerbefore making an equitable property division or awarding alimony. Some

states also have 'discretionary' factors courts may consider. Here are somemandatory 'factors' incorporated into most state laws. Ask you lawyer for acopy of your state's statute.

1. Length of the marriage

2. Age, health, occupation of the parties

3. Station in life and life-style

4. Liabilities and needs

5. Contribution to the marital estate (economic, domestic, child-rearing, etc.) 6. Assets and liabilities, sources and amount of income

7. Behavior of the parties during the marriage

8. Vocational skills, employability

Equity; Courts of Equity. Equity is a body of law that concerns itself more withfairness than with the strict, and sometimes harsh, application of common law.

Historically, there were separate 'courts of equity,' but today, most courtshave 'equity jurisdiction,' i.e., they can apply 'equitable principles' to cases,including divorce. One commentator called these courts 'anti-law' courtsbecause they were able to circumvent unfair laws. But do not expect yourjudge to ignore statutes and established common law.

ERISA. Employment Retirement Income Security Act. A federal law governingemployee benefits in private industry.www.dol.gov/ebsa/compliance_assistance.html

Estate. Assets and property interests owned by a party, often referred to in divorcecases as "the marital estate", meaning assets subject to division between husbandand wife. May exclude assets owned before marriage; assets covered by aprenuptial agreement; or assets acquired by gift or inheritance. Check state law.
http://www.dol.gov/ebsa/compliance_assistance.htmlhttp://www.dol.gov/ebsa/compliance_assistance.html


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Ethics; Legal Ethics. A code of conduct, also known as the Code of ProfessionalResponsibility, imposed on attorneys. Violations may subject the attorney todisciplinary proceedings and malpractice claims. See Cannons of (Legal) Ethics.

Evidence. Any testimony, document, or demonstrative material.

Evidence cannot be considered, i.e., used as the basis of a court's decision,unless such evidence is admissible under the rules of evidence. Note thatwhen courts consider making temporary orders at motion sessions, the rulesof evidence generally do not apply since the court's orders are onlytemporary, generally without prejudice at trial. SeeRules of Evidence.

Evidentiary Hearing. See Trial; Hearing on the Merits; Evidentiary Hearing

Exhibit(s). Any evidence attached to a pleading or introduced at trial, for

example, a husband's pay stub attached to a motion for temporary support.

Ex Parte: hearing, motion, order. Ex parte means without notice to, orattendance of, the opposing party.

In response to an ex parte motion, i.e., a motion without notice to theopposing spouse, the court conducts an ex parte hearing without theattendance of the spouse. Based on this hearing , an ex parte order is issued,and the opposing spouse receives notice of the fiat accompli.

Often attachments are issued ex parte to avoid giving notice to the

defendant, since, a person who knows his property is about to be attachedmight quickly sell or mortgage it and secrete the money.

Expert Witness. In divorce cases, most experts are called to testify as to the valueof the marital home, pensions, and privately-held businesses. In child relateddisputes, mental health professionals are often called to testify.

Extraordinary Expenses. Not the usual or ordinary costs or expenses, sometimesdefined in marital settlement agreements as any expense in excess of a certaindollar amount, e.g. any single expense or series of expenses in excess of $500,

usually requiring the prior permission of both parties before an extraordinaryexpense is incurred for which both parties are liable. Compare Ordinary Expenses.


Fair and Reasonable. The judicial standard for approving marital agreements.


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Note that in non-divorce areas of the law, there are no standards of fairness;winner takes all, and the lawyers fight to the death. In divorce, lawyers'zealous advocacy must be tempered by justice, however, divorce lawyersoften act as if they represent the plaintiff in a personal injury case, trying towin at all costs without consideration of the consequences. Avoid these

zealots.

Fair Market Value. The price a willing buyer pays a willing seller; not a fire saleprice or a sale between family members for less than full price. A price paid afteran arms length negotiation, not a transaction between parties paying more or lessthan what a reasonable buyer would pay. Compare Replacement Value.

Family Service Officer; Court Service Officer; Court Mediator; Court

Arbitrator. Court employees to whom cases are referred for dispute resolution.

As disinterested third parties, these folks are useful in bringing partiescloser together. If one side takes an unreasonable position, the courtmediator can reel him in.

Fault and No-fault Divorces. In fault divorces, the complaint for divorce muststate grounds for divorce. They include cruel and abusive treatment, adultery,abandonment, and other types of misconduct.

Don't be fooled by terminology. Each ground is a term of art, a specificlegal definition, not a layman's definition. Ask your lawyer about groundsand their definitions. But remember, conducting a moral campaign to provefault may backfire. It's a high price for self-exoneration, so questioncounsel whether it really makes sense.

No-fault complaints for divorce merely allege an 'irretrievable breakdown'of the marriage, or use similar language. The court must find that themarriage has 'irretrievably broken down,' leaving no chance ofreconciliation.

Since the 1970s most states have allowed no-fault divorces. No-faultdivorces are contested or uncontested. Where the parties present an

agreement for the court's approval, their divorce is said to be uncontested. Ifthe parties can't negotiate an agreement, their divorce is contested and goesto trial. Fault and Punishment. Divorce judges seek fair results, notretribution.

Many parties believe judges punish fault by penalizing the guilty. Judgesare not grand inquisitors reigning terror on unfaithful spouses. Behavior


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must be outrageous, and we mean totally shocking, before most judges willpunish the guilty.

Federal Court. Courts established by the Congress of United States. Federalcourts do not usually deal with family law cases, but may decide where a custody

case should be tried (see Hague Convention) and other ancillary issues such asdischarging a debt owed to a former spouse in bankruptcy or deductibility ofalimony. See State Court.

Fee Agreement; Retainer Agreement. The written contract between you andyour lawyer.

The Fee Agreement should provide for monthly invoices; hourly billing(including the rates of the attorney, associates, and paralegals); the amountof retainer, if any; how the retainer is replenished if depleted; and the

disposition of any funds not used. If the Fee Agreement allows the lawyerto keep any unused portion of the retainer, think of your local supermarketcashier saying, 'it is our policy not to give change.' Never say, 'keep thechange,' when thousands of dollars are involved. Avoid these crooks.

See Contingency Fee Agreement and Success Fee Agreementfor ethicalproblems with these types of Fee Agreements.

File; Filing. Any document submitted to and officially received, i.e., 'docketed'by, the court.

Final Judgment. After a court enters a final judgment, you may remarry. See alsoInterlocutory Judgment; Interlocutory Decree; Judgment Nisi.

Financial Statement. Each party must complete, file, and serve a court-furnishedfinancial statement, often printed on colored paper so it can be easily identified'sealed,' i.e., kept out of records available for public inspection.

Perhaps the most important divorce document, but often neglected by manylawyers, it is a major trap for the unwary. Honest mistakes 'can and will beused against you in a court of law.' For example, monthly finances can't be

converted into weekly numbers by dividing by 4, as there are 4.33 weeks ina month. We see excellent lawyers on big-money cases blunder. Make sureyour lawyer focuses on details. It is worth the additional expense in legalfees. If counsel wants to wing it, get a new lawyer, especially if the case isheaded for trial. SeeDiscovery.


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Find; Findings. After considering the evidence presented, a court or juryinterprets the evidence and sets forth what it believes, i.e., finds, are the actualfacts. Courts have great latitude in weighing evidence and in believing ordisbelieving witnesses. The court's findings, along with its 'conclusions of law,'form the basis for the court's decision. SeeDecision and Judgment.

Forensic. Of, or pertaining to, courts of law

In divorce, forensic accountants are used to value marital assets, andforensic psychiatrists/psychologists are used in custody and visitation cases.Although many experts are competent, few have courtroom, i.e., forensicexperience. Make sure counsel prepares your forensic expert for a rigorouscross-examination.

Fraud. Making a material misrepresentation or failing to disclosure a material fact

to induce another to give up something of value.

Most fraud claims in divorce relate to fraud in the inducement to marry (seeAnnulment), separation agreements, and the introduction of evidence attrial. In order to upset an earlier judgment, the fraud must be material, andthe plaintiff (victim) must prove that 1) she suffered substantial harm as aresult, and 2) she could not have detected the fraud at the time it occurredby using reasonable care.

Fraudulent Conveyance. A debtors transfer of an asset out of the debtors namein an attempt to keep it beyond the reach of a creditor. The conveyance isfraudulent if it occurs within a certain time frame before commencement of alawsuit or bankruptcy and if the debtor did not receive a fair price for the asset inquestion. If a court deems the transfer fraudulent, the transfer can be undone.

Freeze Assets. See Automatic Restraining Order.

Frye Test. Frye v. United States, decided in 1923. Relative to the Rules ofEvidence, a test applied by a judge to determine whether so-called scientificevidence should be admitted because the science is generally accepted in thescientific community. An earlier test. Compare Daubert Test. See

http://www.law.harvard.edu/publications/evidenceiii/cases/frye.htm

Full Faith and Credit. A term found in the United States Constitution (Art IV,Sec. 1) requiring each state to honor the legal judgments of other states.

Such judgments must comply with the United States Constitution in allother respects. If a court did not have jurisdiction over a party (for instance,
http://www.law.harvard.edu/publications/evidenceiii/cases/frye.htmhttp://www.law.harvard.edu/publications/evidenceiii/cases/frye.htm


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the person never set foot in the state), then a judgment affecting that personmight violate the 'due process' clause of the Constitution.


Gamete Provider. Egg or sperm donor. Compare Gestational Carrier andBiological Mother. See www.abanet.org/irr/hr/sp98shapiro.html

Garnishment; Wage Assignment; Wage Attachment. A court order to a thirdparty, usually an employer, requiring the employee's wages to be attached(automatically deducted from a paycheck) and assigned (paid) to another party,usually the wife.

Most states favor attachment for support payments. It avoids late or missedpayments and saves court time. Fewer contempt of court actions are filed.A 'contingent' or 'suspended' wage assignment requires the completion ofappropriate forms, and does not become active unless, and until, paymentsare missed. This is a strong inducement for your spouse to stay current onhis payments.

Gestational Carrier. Woman who carries and delivers a child, but may have nobiological connection to the child. Surrogate mother. Compare Gamete Provider.

Grandparent Visitation. See Visitation, Grandparent

Grave Risk of Harm. See Hague Convention. A legal defense in HagueConvention child abduction cases when defending against lawsuit for the return aminor child to the childs state of habitual residence because the child would beexposed to physical or psychological harm or placed in an intolerable situation.Must be established or proved by clear and convincing evidence. See Clear andConvincing Evidence. To be interpreted narrowly by a court. Not to be confusedwith a hearing on the childs best interests. See Best Interests.

Ground(s) for Divorce. Each state's divorce statutes set forth certain improper or

troublesome behavior that constitutes a 'legal reason' for the court to grant adivorce.

The following list, based on Massachusetts law, is for illustrative purposesonly. Each term has a legal definition which may differ from commonlyused English. Your state may 1) not recognize all the grounds set forth, and
http://www.divorcenet.com/states/nationwide/divorce_dictionary#A%23Ahttp://www.divorcenet.com/states/nationwide/divorce_dictionary#B%23Bhttp://www.divorcenet.com/states/nationwide/divorce_dictionary#C%23Chttp://www.divorcenet.com/states/nationwide/divorce_dictionary#C%23Chttp://www.divorcenet.com/states/nationwide/divorce_dictionary#D%23Dhttp://www.divorcenet.com/states/nationwide/divorce_dictionary#D%23Dhttp://www.divorcenet.com/states/nationwide/divorce_dictionary#E%23Ehttp://www.divorcenet.com/states/nationwide/divorce_dictionary#F%23Fhttp://www.divorcenet.com/states/nationwide/divorce_dictionary#G%23Ghttp://www.divorcenet.com/states/nationwide/divorce_dictionary#H%23Hhttp://www.divorcenet.com/states/nationwide/divorce_dictionary#H%23Hhttp://www.divorcenet.com/states/nationwide/divorce_dictionary#I%23Ihttp://www.divorcenet.com/states/nationwide/divorce_dictionary#J%23Jhttp://www.divorcenet.com/states/nationwide/divorce_dictionary#L%23Lhttp://www.divorcenet.com/states/nationwide/divorce_dictionary#M%23Mhttp://www.divorcenet.com/states/nationwide/divorce_dictionary#N%23Nhttp://www.divorcenet.com/states/nationwide/divorce_dictionary#O%23Ohttp://www.divorcenet.com/states/nationwide/divorce_dictionary#O%23Ohttp://www.divorcenet.com/states/nationwide/divorce_dictionary#P%23Phttp://www.divorcenet.com/states/nationwide/divorce_dictionary#Q%23Qhttp://www.divorcenet.com/states/nationwide/divorce_dictionary#R%23Rhttp://www.divorcenet.com/states/nationwide/divorce_dictionary#R%23Rhttp://www.divorcenet.com/states/nationwide/divorce_dictionary#S%23Shttp://www.divorcenet.com/states/nationwide/divorce_dictionary#S%23Shttp://www.divorcenet.com/states/nationwide/divorce_dictionary#T%23Thttp://www.divorcenet.com/states/nationwide/divorce_dictionary#U%23Uhttp://www.divorcenet.com/states/nationwide/divorce_dictionary#V%23Vhttp://www.divorcenet.com/states/nationwide/divorce_dictionary#W%23Whttp://www.divorcenet.com/states/nationwide/divorce_dictionary#W%23Whttp://www.abanet.org/irr/hr/sp98shapiro.htmlhttp://www.divorcenet.com/states/nationwide/divorce_dictionary#A%23Ahttp://www.divorcenet.com/states/nationwide/divorce_dictionary#B%23Bhttp://www.divorcenet.com/states/nationwide/divorce_dictionary#C%23Chttp://www.divorcenet.com/states/nationwide/divorce_dictionary#D%23Dhttp://www.divorcenet.com/states/nationwide/divorce_dictionary#E%23Ehttp://www.divorcenet.com/states/nationwide/divorce_dictionary#F%23Fhttp://www.divorcenet.com/states/nationwide/divorce_dictionary#G%23Ghttp://www.divorcenet.com/states/nationwide/divorce_dictionary#H%23Hhttp://www.divorcenet.com/states/nationwide/divorce_dictionary#I%23Ihttp://www.divorcenet.com/states/nationwide/divorce_dictionary#J%23Jhttp://www.divorcenet.com/states/nationwide/divorce_dictionary#L%23Lhttp://www.divorcenet.com/states/nationwide/divorce_dictionary#M%23Mhttp://www.divorcenet.com/states/nationwide/divorce_dictionary#N%23Nhttp://www.divorcenet.com/states/nationwide/divorce_dictionary#O%23Ohttp://www.divorcenet.com/states/nationwide/divorce_dictionary#P%23Phttp://www.divorcenet.com/states/nationwide/divorce_dictionary#Q%23Qhttp://www.divorcenet.com/states/nationwide/divorce_dictionary#R%23Rhttp://www.divorcenet.com/states/nationwide/divorce_dictionary#S%23Shttp://www.divorcenet.com/states/nationwide/divorce_dictionary#T%23Thttp://www.divorcenet.com/states/nationwide/divorce_dictionary#U%23Uhttp://www.divorcenet.com/states/nationwide/divorce_dictionary#V%23Vhttp://www.divorcenet.com/states/nationwide/divorce_dictionary#W%23Whttp://www.abanet.org/irr/hr/sp98shapiro.html


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2)may include other grounds. Consult local counsel. See Fault and No-FaultDivorce.

1. Adultery

2. Cruel and abusive treatment

3. Utter desertion

4. Long-term incarceration

5. Gross and confirmed habits of intoxication

6. Non-support 7. Impotency

8. Irretrievable breakdown of the marriage (no-fault)

Guardian ad Litem ('G.A.L.'). A court-appointed individual who, for thepurpose of pending litigation, puts himself in the shoes of a legally incompetentperson such as a minor child. He also investigates the matter and files a report withthe court

G.A.L.s are usually lawyers or mental health professionals, depending onthe court and circumstances. They investigate the matter, use their ownjudgment in determining the 'best interest of the child,' and report theirfindings and recommendations to the court. In contested custody and

visitation matters, courts frequently appoint G.A.L.s for the children.

If a G.A.L. is appointed in your case, treat him respectfully -- return phonecalls and be cooperative. Don't alienate the G.A.L. despite any resentmentyou may harbor. It will only hurt your children. Courts sometimes appointan attorney for the child(ren). Unlike the G.A.L. who uses her independentjudgment, the appointed attorney promotes the stated wishes of the child. Inother words, she takes orders from legal incompetents. SeeAttorney for theChild(ren).


Habitual Residence. Term used in the Hague Convention. Refers to where thechild last lived when a court deals with child abduction, but does not define howlong or with whom. Compare with Home State as used by the UCCJEA andPKKPA.


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Hague Convention on the Civil Aspects of International Child Abduction. SeeParental Kidnapping.

Head of Household. A filing status under federal tax rules. You may be able tofile as head of household if you meet all the following requirements. You are

unmarried or considered unmarried on the last day of the year. You paid mo

Documents

Divorce Dictionary