Knocker - somebody who criticises a lot. Compo - Workers Compensation pay. Interrogatories propounded You are allowed to ask propound written questions interrogatories to your spouse. State bar organizations usually designate a legal charity as the recipient. Radio alphabet copyright of Amazingaustralia. Federal legislation that guarantees all persons covered by medical insurance, the right, for a monthly fee, to continue coverage even if employment or marital status changes.
Aussie Lingo Exam
Health Insurance Portability and Accountability Act of Cry if you must, but avoid overly dramatic displays. May include interviews, psychological testing, and home visits. Cushie - to have it easy, a cushie job. Whether you use that lawyer or not, he is barred from representing your spouse.
Copshop - police station. Corker - something that is real beaut. Counter lunch - pub lunch. Country cousins - euphemistic term for Aboriginals. Cozzie - swimming costume. Crack onto someone - to hit on someone, pursue someone romantically. Cranky - in a bad mood, angry, grumpy. Crash - Go to sleep, often at someone else's house! Crook - can mean criminal he is a crook or indicate someone not feeling well I'm a bit crook, mate.
Croweater - resident of South Australia. Cuppa - cup of tea. Cushie - to have it easy, a cushie job. Cut lunch - sandwiches. This Dinky Di dero is driving the porcelain bus in this Down Under dunny. Dag - a funny person, nerd, goof. Damper - bread made from flour and water. Dead as a dodo - very dead or boring. Deadset - true, the truth. Defrosting the fridge - foreplay. Dero - tramp, hobo, homeless person from "derelict". Dickhead - an idiot. Digger - an Australian soldier. Dill - an idiot.
Ding - a wog in Western Australia. Dinkum, fair dinkum -: Dinkie-di - the real thing, genuine. Dipstick - a loser, idiot. Dingo girl - Refers to waking up after a drunken night with your arms around a particularly ugly female and rather than wake her up by pulling your arm out from underneath her you chew your arm off like trapped dingoes do and quietly disappear.
Dishpig - person that washes the dishes in a restaurant. Ditch - "The ditch' is the water that separates Australia from New Zealand. Ditch the bitch - break up with your girlfriend. Dizzy - the distributor in your car. Dob somebody in - inform on somebody. Docket - a bill, receipt. Dog - unattractive woman.
Dog's balls, stands out like - bloody obvious. Dole - social security. Dole bludger - somebody lazy voluntarily on social security. Donk - car engine. Doona - duvet, quilt. Down Under - Australia and New Zealand. Drink with the flies - to drink alone. Driving the porcelain bus - to vomit into the toiletbowl while holding the bowl with both hands, similar to a steering wheel. Drongo - a dopey, stupid person.
Dropkick - a dipstick. Dummy, spit the - get very angry about something. Dunny - outhouse or toilet. That last trip to the Ekka turned out a bit exy.
Earbashing - nagging, non-stop chatter. Ekka - the Brisbane Exhibition, an annual show. These fair dinkum fruitloops in Freo are pretty full after a fortnight flatout drinking like a lizard. Fair dinkum - true, genuine.
Fair go - a chance "give a bloke a fair go". Fairy floss - candy floss, cotton candy. Fantastic plastic - credit card. Feral - a hairy, unclean looking hippie. Firie - member of the fire brigade. Five-finger discount - act of shoplifting. Flat out as a lizard drinking - very busy. Foodie - person interested in fine foods.
Fossick - to prospect, e. Fortnight - two week period. Fremantle Doctor - the cooling afternoon breeze that arrives in Perth from the direction of Freo. Freo - Fremantle in Western Australia. Frog - resident of France. Fruit loop - fool. Garbo - garbage collector. Genny - generator petrol or diesel powered device to generate electricity.
G'Day or G'day mate - hello! This is a traditional Aussie greeting, but made even more popular by Aussie actor Paul Hogan in the movie Crocodile Dundee. Glassie - the person that walks around the pub to collect empty glasses. Going off - used of a night spot or party that is a lot of fun - "the place was really going off". Also "she went off at him" meaning she gave him a good telling off. Good oil - useful information, a good idea, the truth. Good onya - good for you, well done.
Going troppo - mental health problems due to excessive heat, common in Darwin in summer time. Gone walkabout - traditionally an Aboriginal person going bush for spiritual reasons, now also used to refer to anyone disappearing for a while. Green can - term for VB beer. Greenie - environmentally minded person. Grog - booze, alcohol. Grog shop - licensed outlet selling alcohol. Grommet - young surfer.
Grotty - run-down, dirty. Grouse - very good, cool! After heaps of hard yakka, hoons hit the grog and have a handle at this hotel. Half your luck - congratulations! Handle - beer glass with a handle. Hanging for a banging - sexually aroused, looking for a sexual encounter. Hard yakka - hard work. Hard yards - hard work, training. Heart-starter - first alcoholic drink of the day, sometimes first cigarette. Heaps - a lot, e. Heave - to vomit. Hit the grog - Start drinking.
Hit the piss - Start drinking. Hotel - often just a pub, not necessarily a place to sleep, although there's often a couple of rooms to rent. Humpie - shack or temporary home in the bush. Julian got in the shit with the Yanks thanks to his Wikileaks website and appeared regularly on the idiot box.
I could eat the ass out of a low flying duck - I am very hungry! Icy pole, ice block - popsicle, lollypop. Idiot box - television. If it's got tits or wheels, sooner or later you're gonna have problems with it.
I'll be buggered - an expression of surprise or amazement. In the shit - in trouble. This jillaroo is feeding a joey. Jaffle - toasted sandwich. Jaffle iron - camping tool, used to make a toasted sandwich.
Jocks - mens underpants. Joe Blow - Mr. Joey - baby kangaroo, koala or any marsupial. This sheila with nice knockers will need to look for a kindie soon as she has been knocked up. Kelpie - Australian sheepdog originally bred from Scottish collie. Kicked the bucket - died.
Kindie - kindergarten, pre-school. Kiwi - either a resident of New Zealand or a Chinese gooseberry nowadays marketed as kiwi fruit or a small endangered bird native to New Zealand.
Knock - to criticise. Knock back - refusal they knocked it back. Knocked up - Made pregnant he knocked her up. Knocker - somebody who criticises a lot. Knockers - woman's breasts. Knuckle sandwich - A punch! Kraut - resident of Germany. Larrikin from the Lucky Country. Lamington - small square of sponge cake covered in chocolate icing, and dessicated coconut. Larrikin - a bloke who is always behaving silly. Lay-by - store system of paying for goods in instalments. Also an attractive person usually male who is not old enough for sex yet, or where there is a big age gap Lend of, to have a - to take advantage of somebody's gullibility, to have someone on "he's having a lend of you".
Lilo - Air mattress. Liquid lunch - drinking beer at lunchtime. Longneck - tall bottle of beer, ml or 26oz. Lucky Country, The - Australia. Thanks to this mud map me an my mate can make tracks so we can get away from the mozzies , hopefully me missus will have a middy and some mull ready Maccas - McDonald's hamburgers.
Make tracks - let's go; let's make some tracks. Map of Tassie - vagina, as the patch of pubic hair on a female resembles the shape of Tassie Tasmania. Mate - this word is used heaps, no worries mate, thanks mate, f k off mate, its uses are endless.! Check out this little instruction movie on how to use the word mate;. Mate's rates - cheaper than usual price for a "friend". Metho - methylated spirits. Mexican - the meaning of this one varies from state to state, in New South Wales it means Victorians and in Queensland it refers to anyone who lives south of the Queensland border.
Milk bar - corner shop that sells takeaway food. Mob - group of people. Mob - family or group of kangaroos. Mongrel - despicable person. Moo juice - Milk Mozzie - mosquito. Mudmap - map drawn in dirt on the ground or a quick sketch on a bit of paper. Mull - grass the kind you smoke. Muster - round up sheep or cattle. She's got no worries about being in the nuddy. Naughty having a - having a root, sexual intercourse. Never Never - the Outback, centre of Australia.
Nipper - young surf lifesaver. No worries - frequently used expression usually meaning you're welcome, it's OK , don't worry about it, bye bye, basically endless situations where you can use it. Nuddy, in the - naked. Off his face ocker in the Oz outback. Ocker - a yobbo, an unsophisticated person, or a redneck. Off her tits - she is very drunk.
Off his face -he or she is very drunk. Offsider - an assistant, helper. Old Girl - mother. Old Lady - wife. Old Man - father. Oldies - parents - "I'll have to ask my oldies". On the nose - smelly. Outback - interior of Australia. Pommie piss artists playing sillly buggers pissing their money up the wall drinking pints and pots getting pissed in Aussie pub. Don't put the pedal to the metal on the way home in your panelvan , the pigs might get you or you'll risk a prang and you'll be pushing up daisies.
Panelvan - A car like a station wagon but with the rear part being just a bit higher and usually without windows it made it a very practical vehicle for tradesmen to throw all the tools and stuff in and also became the vehicle of choice for hoons, usually with big V8 engines and wide tires.
Pedal to the metal - driving very fast with accelarator pedal down on the floor. Piece of piss - easy task. Pig - police officer. I don't agree with you, opposite of 'bloody oath mate'! Pint - large glass of beer esp. Hence "hit the piss", "sink some piss" , to order more beer; more piss, Miss!
Piss artist - someone who drinks a lot of piss. Pissed - Americans are pissed when they are angry, in Australia this word means drunk, when Australians get angry they are "pissed off'. Pissed it up the wall - wasted it. Pissed off - Angry, unhappy with something. Can also be used to indicate someone's departure; he has pissed off - he has left, he's gone. Or to dispose of something or someone. Pisshead - someone who drinks a lot of piss. Pissup - a gathering where a lot of piss or other alcohol is being consumed.
Playing sillybuggers - waste time, mess around. Bob Hawke confused the hell out of the translator of Malaysia's Prime Minister by using this term. Pokies - poker machines, fruit machines, gambling slot machines. Pom, pommy, pommie - an English person. Pommie bastard - an English person. Pommie shower - spraying a bit of deodorant instead of taking a shower. Poofter - homosexual man. Pot - ml beer glass in Queensland and Victoria, also marijuana geez, we smoked some good pot, man!
Pozzie - position - get a good pozzy at the football stadium. Prang - car accident. Prezzie - present, gift. Pub - bar Pushie - pushbike, bicycle. Queer - homosexual person or behaviour. Quid, make a - earn a living - "are you making a quid? I reckon you can cancel the rego 'coz that car is rooted , mate! Rack off - push off! Rage on - to continue partying - "we raged on until 3am".
Rapt - pleased, delighted. Ratbag - mild insult. Rats ass - I couldn't give a rats ass! Raw prawn, to come the - to bullshit, to be generally disagreeable.
Rego - car registration. Ripper - great, fantastic - "it was a ripper party" Ripper, you little! Exclamation of delight or as a reaction to good news. Road train - big truck with many trailers. Rock up - to turn up, to arrive - "we rocked up at their house at 8pm". Rollie - cigarette you roll yourself.
Root - sexual intercourse. Rooted - sexual intercourse Bruce rooted Mary , tired I'm rooted, mate! Rort verb or noun -: Cheating, fiddling, defrauding expenses, the system etc. Usually used of politicians Rotten - drunk - "I went out last night and got rotten". Rotto - Rottnest Island in W. Rubbish verb - to criticize. Strewth , what a spunk, I'll shout her a schooner , I'd be stoked if I can shag her in my sinbin. Salute, Aussie - brushing flies away. Salvos, the - Salvation Army.
Sandgroper - a person from Western Australia. Sanger - a sandwich. Sambo - a sandwich. Sandgroper - resident of Western Australia. If one side takes an unreasonable position, the court mediator can reel him in. Fault and No-fault Divorces. In fault divorces, the complaint for divorce must state 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 specific legal definition, not a layman's definition. Ask your lawyer about grounds and their definitions.
But remember, conducting a moral campaign to prove fault may backfire. It's a high price for self-exoneration, so question counsel 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 the marriage has 'irretrievably broken down,' leaving no chance of reconciliation.
Since the s most states have allowed no-fault divorces. No-fault divorces are contested or uncontested. Where the parties present an agreement for the court's approval, their divorce is said to be uncontested. If the parties can't negotiate an agreement, their divorce is contested and goes to trial. Divorce judges seek fair results, not retribution. Many parties believe judges punish fault by penalizing the guilty. Judges are not grand inquisitors reigning terror on unfaithful spouses.
Behavior must be outrageous, and we mean totally shocking, before most judges will punish the guilty. Courts established by the Congress of United States. Federal courts 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 as discharging a debt owed to a former spouse in bankruptcy or deductibility of alimony. Fee Agreement; Retainer Agreement. The written contract between you and your lawyer.
The Fee Agreement should provide for monthly invoices; hourly billing including the rates of the attorney, associates, and paralegals ; the amount of retainer, if any; how the retainer is replenished if depleted; and the disposition of any funds not used.
If the Fee Agreement allows the lawyer to keep any unused portion of the retainer, think of your local supermarket cashier saying, 'it is our policy not to give change. Any document submitted to and officially received, i. After a court enters a final judgment, you may remarry. Each party must complete, file, and serve a court-furnished financial statement, often printed on colored paper so it can be easily identified 'sealed,' i.
Perhaps the most important divorce document, but often neglected by many lawyers, it is a major trap for the unwary. Honest mistakes 'can and will be used against you in a court of law. We see excellent lawyers on big-money cases blunder. Make sure your lawyer focuses on details. It is worth the additional expense in legal fees. If counsel wants to wing it, get a new lawyer, especially if the case is headed for trial.
After considering the evidence presented, a court or jury interprets the evidence and sets forth what it believes, i. Courts have great latitude in weighing evidence and in believing or disbelieving witnesses. The court's findings, along with its 'conclusions of law,' form the basis for the court's decision. See Decision and Judgment. Although many experts are competent, few have courtroom, i. Make sure counsel prepares your forensic expert for a rigorous cross-examination.
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 see Annulment , separation agreements, and the introduction of evidence at trial. In order to upset an earlier judgment, the fraud must be material, and the plaintiff victim must prove that 1 she suffered substantial harm as a result, and 2 she could not have detected the fraud at the time it occurred by using reasonable care.
The conveyance is fraudulent if it occurs within a certain time frame before commencement of a lawsuit or bankruptcy and if the debtor did not receive a fair price for the asset in question.
If a court deems the transfer fraudulent, the transfer can be undone. United States, decided in Full Faith and Credit. Such judgments must comply with the United States Constitution in all other respects. If a court did not have jurisdiction over a party for instance, the person never set foot in the state , then a judgment affecting that person might violate the 'due process' clause of the Constitution. Egg or sperm donor. Compare Gestational Carrier and Biological Mother.
Garnishment; Wage Assignment; Wage Attachment. A court order to a third party, 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 missed payments and saves court time. Fewer contempt of court actions are filed. A 'contingent' or 'suspended' wage assignment requires the completion of appropriate forms, and does not become active unless, and until, payments are missed. This is a strong inducement for your spouse to stay current on his payments. Woman who carries and delivers a child, but may have no biological connection to the child.
Grave Risk of Harm. Must be established or proved by clear and convincing evidence. See Clear and Convincing Evidence. To be interpreted narrowly by a court. 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 a divorce. The following list, based on Massachusetts law, is for illustrative purposes only. Each term has a legal definition which may differ from commonly used English.
Your state may 1 not recognize all the grounds set forth, and 2 may include other grounds. See Fault and No-Fault Divorce. Guardian ad Litem 'G. A court-appointed individual who, for the purpose of pending litigation, puts himself in the shoes of a legally incompetent person such as a minor child. He also investigates the matter and files a report with the court. They investigate the matter, use their own judgment in determining the 'best interest of the child,' and report their findings and recommendations to the court.
In contested custody and visitation matters, courts frequently appoint G. Don't alienate the G. It will only hurt your children. Courts sometimes appoint an attorney for the child ren. In other words, she takes orders from legal incompetents. See Attorney for the Child ren. Term used in the Hague Convention. Refers to where the child last lived when a court deals with child abduction, but does not define how long or with whom.
A filing status under federal tax rules. You may be able to file as head of household if you meet all the following requirements. You paid more than half the cost of keeping up a home for the year. A dependent parent does not have to live with you. Health Insurance Portability and Accountability Act of Under HIPAA, the federal government established a federal minimum standard of privacy protections for patients.
Regulations limit the ways that health plans, pharmacies, hospitals and other covered entities can use patients' personal medical information. Most health care providers were required to comply by April All were required to comply by April Exceptions are made for records requested as part of a court proceeding.
Hold Harmless; Hold Harmless Agreement. The contractual assumption of certain liabilities by a party who agrees: The State where a child lived with a parent or a person acting as parent for at lest six consecutive months immediately before the commencement of child custody proceedings.
If a child is less than six months old, then the State where the child lived from birth. A period of temporary absence is included. Impeach; Impeachment of Testimony. Discrediting a witness by proving lies, inconsistencies in stories told, and untrustworthiness.
The witness may be impeached during cross-examination or by the direct testimony or evidence of another witness. See Direct and Cross Examination. Prior inconsistent statements made at a deposition or in written interrogatories are classic examples of impeachment during cross-examination. A closed-door hearing in judge's chambers, usually concerning sensitive child-related issues. Concept applied when a party claims he or she cannot work, or no longer makes as much money as the party did before the commencement of the lawsuit.
Often used when calculating child support. May be applied to one or both parents. A person who has not reached legal majority, usually 18 years of age. Also, referred to as a 'minor,' or unemancipated child. Inheritance; Inheritance Rights; Inheritance Expectancies. In equitable distribution states, inheritance rights, say from your parents, can be considered by the court.
Note that most inheritance 'rights' are mere expectancies, i. As a practical matter, even if the court takes into account expectancies, they are generally not given much weight, especially if one's parents are healthy.
Courts avoid placing an economic value on assets of uncertain worth that may or may not be received upon some uncertain future date.
A court order prohibiting certain activity. Injunctions are generally 'negative,' i. Injunctions which require certain activity are called 'affirmative' injunctions. Outside divorce, most injunctions are 'negative.
Affirmative injunctions are more common in divorce cases especially since they relate to minor children, often covering to visitation. Property-related injunctions are also common, usually restricting the sale or transfer of property, borrowing, and spending on non-necessities.
Innocent Spouse; Innocent Spouse Rule. Section c 1 of the Internal Revenue Code protects an 'innocent spouse' from tax liability if certain conditions are met:.
The innocent spouse establishes 'lack of knowledge 4. In light of all the 'facts and circumstances' it would be 'inequitable' to impose the tax on the innocent spouse. Immigration and Naturalization Service, former agency under the U. Department of Justice DOJ. Immigration laws may impact adoption, marriage and divorce. Any court hearing at which a pretrial order or ruling is requested. The initial judgment of divorce.
When courts grant divorces, their judgments are not final until the expiration of a statutory 'waiting period' known as the interlocutory or nisi period. It begins when the interlocutory judgment enters and ends upon the 'final judgment,' 'judgment absolute,' or 'final decree.
Despite your judgment of divorce nisi or interlocutory decree, you are still legally married and cannot remarry until the judgment becomes 'final' or 'absolute. Check with counsel if you are feeling mortal. Our misguided legislatures, in an effort to save obviously failed marriages, require this waiting or 'warming-up' period in the highly unlikely event the parties reconcile.
We have heard of 'cooling off' periods before gun purchases, but our lawmakers are unrealistic if they think a warming-up period can save marriages after an interlocutory judgment. Besides, it would be easier for parties to remarry than stop the clock on an interlocutory judgment.
Intestate; Laws of Intestacy. A person who dies without a will is said to die intestate. State laws of intestacy establish who inherits, and in what percentage.
Surviving spouses usually inherit the entire estate except in the case of surviving children who are entitled to usually two thirds, while the surviving spouse inherits the remaining one third. Rules vary from state to state. A person appointed by the court, usually to investigate child-related matters, and file a report with the court. Unlike the Guardian ad Litem, the investigator does not 'stand in the shoes' of the minor child ren. Interest is accrued on balances, but not for the benefit of the lawyer or client.
State bar organizations usually designate a legal charity as the recipient. The court must be convinced, i. If your case is uncontested you may have to sign an affidavit stating that the marriage is 'irretrievably broken down.
When both parties want the court to do the same thing, such as 'dissolve a marriage' due to an irretrievable breakdown no-fault and approve a separation agreement uncontested , the parties jointly request by joint petition the court to grant the divorce. Property held in the name of both spouses. Except in Mississippi, legal title is usually not relevant in dividing property.
Basically, one spouse can't say, 'honey, the property is in my name, so you don't get any. The court's legal authority to hear your case and issue legally enforceable orders and judgments. Usually, the court in the county where you last lived together has jurisdiction over the divorce. If one party permanently leaves the state, both states may have jurisdiction. Ask you lawyer about this tricky area of jurisprudence.
A staff member of a law office or firm, usually performing certain clerical tasks without any training as a paralegal, but over time probably capable of performing paralegal activities.
Available in some states, a legal separation is similar to a divorce, except no divorce judgment is granted that ends the marriage. In response to a complaint for legal separation or separate support, the court may provide remedies relating to property in some states and support.
Generally, a complaint for divorce or annulment is necessary before a court orders a final property division. Also called judicial separation. The legal presumption that any child born to a woman during her marriage is the child of her husband; possible exception.
A rule enunciated by Lord Mansfield in 18th century England. The same rule followed to some degree in American courts. In the latter part of the 20th century, the rule lost favor in the U. Lump Sum, Lump Sum Settlement. One time payment as opposed to a series of payments over time or an installment or structured settlement. The lump sum may be less than all of the payments made over time because the so-called time value of money is taken into account, thus creating a discount.
The improper or incompetent behavior of your attorney. Violations of the Cannons of Legal Ethics often constitute legal malpractice. Mandatory Factors to be Considered by the Court. The factors a court must consider before making a final decision relating to property division and alimony.
Some states also have 'discretionary factors' a court may consider. Court rule requiring parties to a lawsuit to provide financial disclosure to one another within a certain period of time after suit is commenced. No formal requests as in traditional discovery see Discovery where the party seeking information must draft and serve specific requests for information and documents using particular forms following court rules.
See Equitable Distribution and Community Property. A share of a pension accrued during marriage, including inflation protection. Also refers to stock options that vest before, during or after marriage.
The official certification with raised seal of your marriage issued by a public entity. Make sure you have an official copy with a raised seal; religious certificates are generally unacceptable. Contact the city or town where you were married or your state. With respect to real property, the study conducted by a real estate broker, not an appraiser, showing value or price of a particular piece of real estate with an analysis of similar or comparable real estate recently sold.
A broker who hopes to be engaged by the owner to list the property for sale may do the analysis at no charge. Compare Valuation and Appraisal. Concept used by 20th century courts when deciding child custody cases in favor of mothers. See Tender Years Presumption. An informal, voluntary process allowing parties to work with a neutral third party the 'mediator' to develop a separation agreement.
An agreement developed with a mediator is said to be a 'mediated agreement. Where appropriate, mediation is an excellent way to develop a separation agreement. Remember, the process is voluntary, so if either party refuses to continue, the mediation is terminated. Mediation requires cooperation and communication between the parties.
You must trust each other financially to make full disclosure of each other's financial condition and future earnings opportunities. Each party has his or her attorney review the agreement before it is signed. Mediators are not marriage counselors, but may help you develop a parenting plan. We advise our clients to go this route where appropriate, but mediation is not suitable for everyone.
Interestingly, more men are satisfied with the result than women who tend to believe that they would have done better before a judge. A legal document filed along with pleadings or other court papers setting forth your lawyer's legal research in support of a request to the court. The legal, post-divorce procedure to change or modify a separation agreement, or the court's earlier decision and judgment.
Certain types of agreements, 'surviving agreements,' are written to bar any future modification. The rules are technical and vary among states.
Public policy suggests that all child-related issues should be modifiable. A written request asking or 'moving' the court to grant a temporary order, or rule on a legal matter. Motions are either 'contested' or, if the parties stipulate to the matter, 'uncontested.
Legal fees for contested motions are expensive and the outcome is rarely certain. Therefore, when possible, you should enter into a written stipulation to be submitted for the court's approval.
The stipulation then becomes part of the court's temporary order. Frequently, motions request temporary orders relating to support, maintenance of health and life insurance, and temporary custody of minor children. Other requests relate to matters such as motions to allow 'amendment of pleadings,' 'more time to answer a complaint,' and 'continuances. Motion for Counsel Fees Pendente Lite. Since , seeks uniformity of state laws; comprised of state commissions on uniform laws from each state, the District of Columbia, the Commonwealth of Puerto Rico, and the U.
Each jurisdiction determines the method of appointment and the number of commissioners appointed. Commissioners must be members of the bar. They serve for specific terms, and receive no salaries or fees. No uniform law is effective until adopted by a state legislature.
The common law doctrine that if a person who owes another person the duty of support and fails to support such person, he becomes liable to third parties who provide necessaries such as the grocer and utility company to person owed a duty of support.. The dollar amounts are limited and vary from state to state. The better practice is to get a temporary order of support. Negotiated Settlement; Negotiated Agreement.
The parties, usually with counsel, develop a separation agreement. These agreements are not mediated or arbitrated. In other words, the parties, without any neutral third-party, settle their controversy. The procedure for informing a party that a legal action or motion is pending before a court. Courts normally refuse to hear complaints or motions unless proper notice is given, but exceptions are often made for ex parte motions which do not require notice to the opposing party.
The rules of civil procedure govern both the procedure for serving process and related time requirements. Initial complaints must be served by sheriff or constable in-hand service , while motions can usually be served either in-hand or via US mail. Parties usually have 20 days to respond to the initial complaint and 10 days to prepare for motions unless a copy of the motion is served in-hand rather than by US mail , then only 3 to 4 days notice are required.
State laws vary, so check with counsel. Order; Court Order; Order of the Court. A written instruction from the court carrying the weight of law, i. Costs and expenses for necessities such as food, clothing and shelter, but not including luxury items; those expenses that are typical of the family prior to separation and divorce; may include higher priced items for certain families accustomed to spending more on luxury items or purchasing higher priced goods and services.
A professional in a law office or firm, not an attorney; not permitted to give legal advice, but trained in school or on the job to review and organize material such as financial records to comply with discovery see Discovery or draft pleadings see Pleadings and documents, but cannot sign pleadings. Only a licensed attorney or a pro se see Pro Se party is permitted to sign pleadings such as a complaint for divorce. The right of the state to take charge of the care and custody of minor children or other legal incompetents when their health or safety so requires.
See also Guardian ad Litem. Usually a mental health professional selected by parents or the court to act as an out-of-court decision-maker on child custody and visitation issues. The Parent Coordinator is usually compensated by the parents. Preferably acts under a court order to make decisions that are binding on the parents unless and until a court rules to the contrary.
The relationship between parent and child. Sometimes used interchangeably with paternity. See Paternity and Paternity Establishment. The alienating parent, according to its proponents, should be punished by losing custody to the other parent. A recent requirement in many states for divorcing parties with minor children. Classes are designed to prevent undue hardship on the children by teaching parents to love their children more than they hate one another.
The act of one parent illegally taking a child in violation of court order. The federal Parental Kidnapping Prevention Act requires states to cooperate with each other in returning children kidnapped by a parent. This treaty is similar to the federal law except it is limited to signatory countries.
Parenting Schedule or Parenting Plan. See also Custody and Visitation. Deemed less emotionally charged than terms "custody" and "visitation. The relationship between a male parent and a child. Usually means the biological ties, but can mean the legal relationship imposed by a court on a man who has no biological ties to a child. Compare De Facto Parent. The determination by a court or voluntary acknowledgment, usually by a signed declaration of paternity, that a man is the father of a child.
Includes blood grouping and genetic tests. Once paternity is established, the child has a right to receive support and inherit from the father. Latin for 'during the litigation. The determination of the value of a pension by the accrued benefit method or the projected benefit method. The accrued benefit method usually, but not necessarily, produces a lower value than the projected benefit method.
If a person believes he is telling the truth, but is factually incorrect, he's neither a liar nor perjurer. If he knowingly and intentionally makes factually incorrect statements under oath, he is both a liar and perjurer.
If the statement is not made under oath, he is merely a liar. Clients often comment that opposing counsel is a 'liar' or 'perjurer. Who knows what he believes, or what his client told him' Try to stay calm when this happens. Perjury may run rampant in divorce trials. Criminal prosecution for perjury in a civil cases is virtually non-existent.
One Massachusetts Family Court judge sent cases to the district attorney who failed to prosecute. No one likes being lied to, especially judges. The 'jerk' factor often decides cases. Which party is the bigger jerk' Judges are human. They often like one side more than the other. Point out your spouse's perjury at trial, and he'll assume 'jerk' status. Living and fully enjoying life, free from fear or violence caused unnecessarily and unreasonably; free of unwarranted control by another.
Not real estate, houses, buildings or land. Includes, among other things, cash, savings accounts, checking accounts, stocks, bonds, intellectual property, jewelry, art, antiques, collectibles, and pets.
Personal effects such as clothing and furnishings; a subset of personal property. Sometimes described as movable property. Attached to pleadings is a 'certificate of service' or 'proof of service' that certifies how, where, and when such pleading was served on the opposing party and whether the service was by constable, deputy sheriff, by mail, or by 'legal notice' published in a newspaper.
Parental Kidnapping Prevention Act of , a federal law addressing child abductions by parents. Same as prenuptial agreement, but entered during the term of the marriage, often revising a prenuptial agreement. If a divorce is imminent, i.
Prayer; Prayer for Relief. The request made to the court, usually at the end of a pleading, asking for the relief sought, such as granting a divorce or ordering financial support.
For instance, you might say 'the plaintiff respectfully requests this Honorable Court to An older child may express a preference to live with or spend more time with a parent. Prejudice; With and Without Prejudice. The concept that what happens in court or by stipulation of the parties will affect future proceedings.
Generally, pretrial orders are said to be without prejudice, which means that the parties have a right to a trial on all matters, including those decided by temporary orders.
In contrast, with prejudice means that even at trial the earlier order determines the outcome. Assets acquired before marriage. These assets usually are part of the marital estate in equitable distribution states and are excluded from, and constitute separate property in, community property states.
A written, premarital contract dealing with death and divorce which sets forth the rights and responsibilities of the parties upon occurrence of these events. Such agreements must be 'fair and reasonable' at the time entered, and 'fair and reasonable' at the time of enforcement. The longer a marriage, the less enforceable they become.
The parties financial statements should be attached since full disclosure is required. Preponderance of the Evidence. Lower standard of proof than clear and convincing evidence, meaning more probable than not that the litigant is right. Compare Clear and Convincing Evidence. A meeting of all parties and counsel with the trial judge, sometimes held in the judge's chambers. Most states require these pretrial conferences. Counsel prepare a 'pretrial memoranda' for the court, and the judge asks pointed questions.
Most cases settle during this conference since the parties hear, for the first time, how a real-life judge would decide the case. A judge's general impressions and settlement recommendations carry great weight, especially when the pretrial judge will also try the case. Parties are often surprised by how close they are to settling.
Often the only thing keeping them apart is their attorneys' failure to communicate with their clients and with each other. Some lawyers never really understand their own cases until a judge, with minutes of preparation, explains it to them. They are highly focused on a few trees when the forest is on fire. Lawyers' lack of communication and their zealous but unrealistic advocacy waste tens of millions of dollars annually.
Refers to evidence based on private communications made within legally recognized 'confidential relationships,' such as marriage, attorney-client, patient-psychiatrist, and priest-penitent.
It also includes the privilege against 'self incrimination' which can be asserted by a party accused of adultery where adultery is considered a crime. Under the rules of evidence, matters are excluded, no matter how relevant to the case, if obtained through these confidential relationships.
The rules are technical and vary state to state. Probate is the legal process of administering decedents' estates. Professional Responsibility Code of. Pro Se; Pro Se Appearance. When a party handles her own case, i. Parties are entitled to appear pro se, but counsel is recommended, especially if you have significant assets or serious child-related issues. Remember, even a lawyer who represents himself has a fool for a client.
Proposed Findings; Proposed Orders. A document prepared by you or your lawyer and submitted to the court setting forth your best case scenario, i. Includes interviews of person s , usually parents and minor children involved in custody disputes, by mental health professionals. May also include psychological testing. Results are usually reported in written report to the court and attorneys for the parties. Often used in latter twentieth century custody cases as a rationale for awarding sole custody to mothers.
See Attachment Disorder and Attachment Theory. Conducted by psychologists, usually in family law cases to help determine child custody. A court order directed to a 'plan administrator' or 'custodian' allocating retirement benefits between spouses. QDROs often are used when one party, usually the husband, has a large pension or K and when liquid assets are insufficient to 'even up,' i.
While judicial policy is to avoid long-term entanglements, sometimes there is no choice but to approve a QDRO. Compare Personalty and Personal Property. If the defendant is accused of adultery, 'recrimination' is the counterclaim when the plaintiff is accused of adultery, too. If you believe that a judge cannot give your case a fair hearing, counsel can file a motion asking the judge to 'recuse' himself.
Unless the judge has a personal or business relationship with your spouse, this motion will probably fail, and can even backfire. Judges do not want to be told that they cannot act fairly. Short-term spousal support designed to help the recipient 'get started' with her new life. Removal of a minor child. The legal proceeding, usually brought by complaint or petition, by the custodial parent to remove move the minor child ren from the state. The recent trend is to allow the custodial parent more flexibility in moving out of state when there are 'real advantages' known as the 'real advantage' test to the custodial parent.
The theory is what's good for the parent usually the mother is good for the child, i. Fathers' rights groups have lobbied against this trend. Not all states use the 'real advantage' test. We have come full circle from Victorian times when children were the personal property of their fathers.
Now children are the personal property of their mothers. Many courts are unlikely to allow removal if the child has a close relationship with the non-custodial parent. Estimated price or cost of replacing an asset. Example, the estimated cost of rebuilding a house, not necessarily the same as the cost of acquiring or buying the house. Compare Fair Market Value. Amount of time a person must reside or live in a state before becoming eligible to file for divorce in that state.
Each state has different waiting periods; most require a minimum of 6 to 12 months. A temporary court order prohibiting a party from certain activities. Issued in response to a motion, restraining orders often are issued to protect marital assets and to protect against domestic violence. In many states, violating a 'domestic restraining order' is a criminal offense. The statutory rules that govern court procedure.
Courts must obey these rules. In contrast to substantive matters covered by divorce statutes, court rules are limited to procedure. Such matters as 'notice' requirements, service of process, time requirements for answers and counterclaims, and discovery are established by rules.
Courts have some discretion to ignore some rules if their enforcement would cause injustice. See Equity; Court's of Equity. The statutory rules governing testimony, documents, and demonstrative materials. In divorce, the two most encountered rules relate to hearsay 'he said, she said ,' and the marital privilege 'my husband told me Clients are often frustrated when important evidence is barred from trial.
Lawyers spend considerable time figuring out 'how to get it in. Safe Havens for Children. A residence in an undisclosed location where victims of abuse and their minor children may reside to be safe from the abuser. Usually refers to residences operated by not-for-profit organizations offering services and shelter to victims and their minor children. The legally recognized marriage of two women or two men, now recognized in Massachusetts, but not by the federal government and other states.
Available to residents of Massachusetts since May Pending legislation April in Massachusetts may allow out-of-state same sex couples to marry in Massachusetts.
See also Civil Union. Under the Rules of Procedure, courts may penalize or sanction a party or counsel for improper behavior, such as making frivolous claims. Usually such awards are paid to the opposing party, but don't hold your breath.
Courts are reluctant to punish obstructionist lawyering or uncooperative parties. The divorce bar has created a lucrative cottage industry out of obstructing justice. Self Incrimination; the right against. The right of the accused not to admit criminal wrongdoing. Most wrongful behavior is not criminal in divorce, so the right against self incrimination cannot be asserted.
Certain acts, however, such as adultery, are still considered crimes in most states. Domestic violence and tax cheating are also crimes. The right may be asserted in these limited instances, but unlike criminal proceedings, the judge may draw a negative inference from a party asserting the right against self incrimination.
In other words, the judge can assume your guilt from your assertion of the right. In criminal cases, drawing such inferences is strictly forbidden. Property is not considered part of the marital estate.
Usually occurring in community property states, it includes property brought into the marriage and also may include inheritance or gifts received during the marriage. Service; Service of Process.
The legal process of informing, i. The process described is a noun meaning certain pleadings served or to be served. Process is served personally 'personal service' either in-hand or accepted by an adult at the recipient's residence or place of business. If the defendant cannot be located, service is by 'publication' in the local newspaper where he last lived. Check with your attorney as rules vary from state to state. Usually refers to female head of household families because most minor children continue living with mothers after the break-up of the family.
A volunteer appointed by a court to handle matters pertaining to children in abuse and neglect cases. May also be involved in child custody cases between parents where abuse and neglect are evident. A court-appointed individual, usually an attorney, who assists the court in moving a case forward. Problems relating to pretrial discovery often are handled by a special master who schedules and coordinates discovery. Such procedure is necessary where one or both parties fail to comply with discovery requests, or when the parties can't agree on appraisers a special master can make the selection.
Note that the special master is not a judge -- his opinions carry weight, but not the final word. Behavior of a rejected partner after a break-up who cannot accept the end of the relationship. May include incessant calls through the day and night, unwanted letters and email and other conduct aimed at maintaining contact the stalker hopes will effectuate a reconciliation.
Many states have anti-stalking statutes. In the United States, courts established and governed by States and operating under state law. Not established by Congress. Family law cases are usually reserved for state court, but increasingly, the federal courts have been used to decide child abduction cases, that is, whether the child should be returned to the country of habitual residence see Habitual Residence , but not to decide which party wins custody. A meeting before trial with the judge assigned to a case for the purpose of updating the court on any progress the parties may have made in resolving any issues.
Judicial feedback at the status conference can lead to partial or complete settlement. Stay; Stay of Proceedings. The stopping of a judicial proceeding. A 'stay of execution' stops the enforcement of a court order.
A written agreement intended to be entered as a court order upon motion of the parties. Courts like and usually approve reasonable stipulations. They save judicial time. Parties can stipulate to almost anything related to the case. In fact, a separation agreement is nothing more than a comprehensive stipulation. If the parties agree on some matters, but disagree on others, they can stipulate to those issues and have the court decide outstanding issues. Strike; Motion to Strike.
Upon motion of a party, a court may remove certain pleadings and evidence from the docket upon finding such material totally irrelevant, scandalous, or without proper notice. An asset or property interest that is divisible between divorcing spouses.
An option gives the employee the right to purchase company stock at a certain price strike price. The employee hopes the company does well, raising the market price of its stock above the strike price. Once the employee exercises the option, that is, purchases the stock at a bargain price, the employee sells the stock and realizes a profit. Instead of one large payment, a series of smaller payments paid over time, including interest. Total series of payments add up to more than the agreed upon settlement or lump sum because interest has been added to compensate the recipient for the delayed payment.
Subpoena; Subpoena Duces Tecum. A court order or order of a notary public in some states to attend a legal proceeding such as a trial or deposition. If documents also are requested, the subpoena is called a subpoena duces tecum, Latin for 'bring with you. Legal fees added to hourly billings if, in the lawyer's opinion, he deserves a bonus based on his performance. Obviously, outside the practice of law, you are unlikely to find an employee or consultant unilaterally deciding his own compensation.
Even chairmen of large corporations don't set their own compensation levels. Think of your local supermarket cashier: While some highly-regarded lawyers charge success fees, we believe it raises ethical questions, especially since counsel knows you, your psyche, and your finances intimately!
Your state's Cannons of Ethics may address this issue. A procedural rule that allows judges to enter judgments without trial, generally used when only questions of law, and not fact, are at issue. The court's official notice to the defendant that he must respond to the attached complaint or petition. The complaint must be served with the summons for the defendant to know the particulars of the claim against him.
A sheriff or other party authorized to serve process completes a 'proof of service' or 'return of service' that is filed with the court. Taxes -- Learn more about Divorce and Filing Taxes. A pretrial order, i. Upon motion, courts may issue temporary orders at any time from the initial filing of a case to time of trial. Temporary restraining orders TROs are issued to preserve marital assets, such as restricting borrowing and spending.
They also are used to restrain parties, usually the husband, from returning to the marital home see Vacate; Motion to Vacate the Marital Home or harassing the spouse. An interlocutory order of support entered before trial, i. Tenancy by the Entirety. The manner in which jointly owned real estate is usually held by married couples. The surviving spouse, if the parties were married at time of death, becomes the sole owner automatically.
Presumption favored mothers as custodial parents of young children or children of tender years, not adolescents. Compare Best Interests of the Child. Court rules establishing deadlines after suit is filed for the completion or occurrence of certain phases of litigation such as discovery see Discovery , pretrial conferences see Pretrial Conferences , and trials.
Tort; Marital Tort; Domestic Tort. A tort is any wrongful act which creates legal liability against the defendant or 'tortfeaser. Some states allow spouses to bring 'tort' actions in addition to divorce actions.
Tort claims include assault and battery, fraud, and intentional interference with a person's job or business. Domestic tort claims are rare, as most divorce cases cover all matters related to the marriage. Trafficking of persons, especially into the sex trade, slavery, and slavery-like conditions.
Federal grant money available under the Violence against Women Act of administered through the Department of Health and Human Services. See also Safe House and Shelter. Trial; Hearing on the Merits; Evidentiary Hearing. A formal proceeding before a judge who hears testimony under the rules of evidence and makes a final decision relating to the matters presented.
All such decisions are with prejudice, since they are final adjudications of the matters presented. In contrast, motions are less formal without adherence to the rules of evidence. They do not result in final adjudication, but only temporary orders. Therefore, they are often without prejudice. Trial Memoranda; Pretrial Memoranda. A 'sales' document filed with the court, setting forth each party's theory of the case, what they want, and why they should get it.
A court order to a third party, such as a banker, freezing an account or property. In effect, the third party becomes your trustee. He is responsible to you and the court for the safekeeping of certain property, such as money or the contents of a safe deposit box. A 'writ of trustee process' is issued by the court in response to a motion and an affidavit of 'irreparable harm' filed in support of the motion. A so-called uniform law regarding custody and visitation issues when dealing with parties and children from different states.
Uniform Interstate Family Support Act. A so-called uniform law regarding child support and alimony when dealing with parties from different states. Relative to stock options, for example, meaning the employee has the right, but has not yet purchased or exercised the options. Uniform Parentage Act of Relative to a trust, meaning there is no present or future interest guaranteed. Vacate the Marital Home, Motion to. A request to the court made by motion asking that one party, usually the husband, be forced to vacate the marital home.
Unless you are under the threat of violence, this is a radical request that sets the stage for a contentious divorce. While your spouse may well deserve shabby treatment, you deserve to get what's yours with the least effort.
Don't complicate things unnecessarily. Act or order of a court terminating or rescinding a prior order, such as the case of a party who seeks and obtains a stay-away order see Stay-Away Order that is later terminated after the court hears testimony from the person ordered to stay away and from the alleged victim who requested the stay-away order in the first instance.
Process in divorce cases of assigning a value or worth. Value assigned by agreement of the parties who may rely on appraisers or a judge if the parties fail to agree. Judges rely on evidence offered by experts, and possibly the owner-spouse, by oral testimony, usually supported by written appraisals. See also Daubert Rule. Venue; Change of Venue. The location of the court, in contrast to jurisdiction, which determines whether a court has legal authority to hear a case.
Venue is where a court, with proper jurisdiction, will hear the case. When a case is transferred to a new location within the same jurisdiction county or state , the transfer is called a change of venue. Usually, the county court in the county where the parties last lived together is the proper venue. Relative to stock options, for example, meaning the employee spouse now owns and is entitled to exercise or purchase. Relative to a trust, meaning the beneficiary has a guaranteed present or future interest.
As applied to term life insurance, the value or sale price of term life insurance to a third party.
Imsges: dating lingo
Tort; Marital Tort; Domestic Tort.
In light of all the 'facts and circumstances' it would be 'inequitable' to impose the tax on the innocent spouse Tax counsel should be consulted.
Developed in by Cox, Ross and Rubinstein. A meeting before trial with the judge assigned to a case for the dating lingo of updating the court on any progress the parties may have made in resolving any issues. Spiffy, pretty spiffy -great, excellent. The theory is what's good for the parent usually the mother is good for the child, i. Obviously, outside the practice of law, you are unlikely to find an dating lingo or consultant unilaterally deciding his own dating lingo. But we do kind of wonder just how many times he called her first.
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