Abandonment – The voluntary forfeiture of parental rights based on a twelve (12) month period of no visitation and no support where support could be paid and visitation could be exercised.
Affidavit – A written declaration stating the facts of a particular circumstance or event and signed by the cognizant person under penalty of perjury setting forth the date, city, and state where the declaration was made.
Alimony – See spousal support.
Arbitration – Alternative dispute resolution process in which evidence is presented to an arbitrator mutually selected by the parties. The result can be binding or non-binding, depending on the decision of the participants. It is usually quicker and less expensive than litigation.
Arbitrator – An independent person or body officially appointed to settle a dispute.
Bifurcation – The procedure whereby the dissolution of the marriage is ordered at one time with the ruling on all other issues set over to a future date for a Further Judgment on Reserved Issues. In this manner the marriage can be terminated even though the other issues remain unresolved.
Child Support – Money that is paid by one parent to help support the expenses of raising a child. Support may include childcare and health insurance.
Cohabitation – Domestic living together arrangements between parties who are unmarried.
Common Law Marriage – A marriage that is established by cohabitation for seven (7) years. Common Law marriages cannot be created in California. However, a common law marriage contracted elsewhere will be recognized in California if it was a valid marriage where it was contracted.
Conciliation Court – This is not really a court, but rather a panel of licensed mental health professionals available through the court to assist families to mediate child custody and visitation disputes.
Contempt of Court – A quasi-criminal proceeding that can be brought against a party or witness for the disobedience of a specific court order. When the court has ordered a party or witness to do or not to do certain things and the person violates this order, that person will be found in contempt of court. Conviction can result in a fine, imprisonment, or both.
Custodial Parent – The person who has physical custody of the minor children of the parties.
Custody, Joint Legal – Usually ordered by the court to give parents equal rights regarding important decisions to be made on behalf of the children. Inability or unwillingness of the parties to work together on a co-parenting plan may be grounds for denying joint legal custody.
Custody, Joint Physical – A shared physical custody arrangement of the children; e.g., one (1) week with mother, one (1) week with father, and so forth.
Custody, Sole Legal – One (1) parent is awarded exclusive decision-making power with regard to the best interests of the minor child(ren).
Custody, Sole Physical – One (1) parent is awarded exclusive physical custody of the minor child(ren).
Custody, Split – One (1) or more children with one (1) parent, one (1) or more children with the other parent, each parent awarded reciprocal periods of secondary physical custody with the other.
Date of Separation– This is a complex and evolving legal issue. Click the blue text to the left to read the brief article.
Default Proceeding – Appearance at court at one (1) party to prove-up the elements of an uncontested Marital Settlement Agreement and/or proposed Judgment of Dissolution after all issues have been settled without a contested hearing. If both parties previously appeared, either party may appear to prove-up the agreement but an appearance is no longer necessary since the courts have been permitted to accept an affidavit in lieu of the traditional personal appearance.
Deposition – An oral discovery proceeding taken under oath and recorded by a Certified Shorthand Reporter. The transcript may be used in any subsequent judicial hearing.
Discovery Proceedings – Various procedures available to a party to facilitate the accumulations of evidence needed by the party to prepare the case.
Dissolution of Marriage – Divorce.
Executory Provisions – Those provisions in the Judgment of Dissolution that are not executed (that is finalized) immediately upon entry of the judgment over which the court retains jurisdiction to make future orders such as visitation, support, restraining orders, and further orders for future disposition of property.
Ex Parte Hearing – An emergency hearing in judges’ chambers present by affidavits to the court which permit the court to make immediate orders where there is fear of immediate physical danger or loss of property pending a more formal hearing in open court.
In Pro Per – In Propria Persona: The abbreviated form a Latin expression which means “as a private person” to indicate someone representing themselves in court without an attorney.
Interrogatories – Written questions, which must be researched and answered in writing, under penalty of perjury. Failure to respond will cause the person served to lose the opportunity to present evidence on his or her behalf in regards to the areas under inquiry. The Court has the power to dismiss the pleadings if that person refuses to answer interrogatories, and may impose sanctions as well.
Judge Pro Tem – A judicial officer hired by the county or appointed by the court to make up for the lack of judicial appointments. They are usually selected by examination and must satisfy stringent qualification requirements. Their correct title is “Commissioner,” but they are addressed as “Your Honor.” The Commissioners sitting in the Los Angeles County Family Law Departments are among the most knowledgeable in the State of California regarding family law matters. Most family law matters in Los Angeles County are heard by Commissioners.
Judgment – The orders of the court made at the conclusion of the case, which resolve all of the issues pending before the court.
Legal Separation – A legal process whereby all issues are decided exactly as if you were dissolving the marriage, except that you do not obtain a Judgment of Dissolution of Marriage. Instead, you are granted a Judgment of Legal Separation. During a Legal Separation you are still married. This can present problems of future potential legal liability in subsequent employment. If you ever wish to remarry you must still go through with a Dissolution of Marriage. A Legal Separation is generally not advisable.
Litigation – The process of conflict resolution in which the parties present their respective positions regarding the disputed issues to a judicial officer for ultimate determination in accordance with existing case law and current statutes.
Marital Settlement Agreement – The optional civil contract that is drawn up between the parties to the dissolution of marriage, wherein all of the legal issues are resolved and written into a final agreement. This agreement is then submitted to the court with a Judgment of Dissolution of Marriage containing all the executory provisions of the agreement, which constitute the permanent orders.
Mediation – The process of conflict resolution in which the parties work together to resolve the disputed issues and reconstruct the familial relationships with the assistance of both lawyers and mental health professionals trained in mediation techniques.
Minor Child – Any child who is under the age of 18 years who is not emancipated. No minor child may become emancipated under sixteen (16) years of age.
Notice – A court document advising the parties of the time, place, and reason for court proceedings that will be heard in the court.
Orders Pendente Lite – The temporary orders entered by the court describing the rights and responsibilities of the parties until permanent orders are made by the court.
OSC (Order to Show Cause) – The legal proceeding prior to a trial in which either party may request the court to make temporary restraining orders (TROs) and orders for custody, visitation, support, and fees.
Petitioner – The spouse who begins the action by filing the initial pleadings with the court and having papers served on the other party. There are strategic advantages to being the Petitioner in the action, which have to do with forum selection, presentation of evidence, and timing of the action.
Pleadings – All of the legal documents that are filed with the court in a lawsuit. Pleadings should be kept in an orderly fashion and taken to all court appearances and appointments with an attorney.
Post-Dissolution Proceedings – Any family law matter brought after the entry of Judgment of Dissolution to reopen any of the executory provisions contained therein.
Postnuptial Agreement – A binding legal contract between married individuals determining property rights and division during and after the marriage. Postnuptial agreements cannot address children’s issues or spousal support.
Premarital Agreement – A binding legal contract between parties contemplating marriage intended to define the rights and responsibilities of each party, articulate their respective expectations, and provide for the disposition of property in the event of divorce.
Request for Admissions – A less frequently used discovery tool, which requires the person served to answer certain written questions under penalty of perjury. Failure to respond will be deemed by the court to be an admission of the facts in question. Sometimes used in conjunction with Interrogatories.
Respondent – The spouse who responds to the papers, which the Petitioner has caused to be filed and served. There is a disadvantage to being the Respondent in the action, which has to do with trial strategy, the presentation of evidence, and the order of Final argument.
Restraining Order – Any order of the court requiring a person, either to, or to refrain from doing, certain defined acts. (See Contempt of Court.)
Service of Process – The act of having a process server or sheriff deliver any of the court papers to another party or some potential witness. Any person over 18 years of age not a party to the action may serve process. Either party may accept service by signing an Acknowledgment of Service Receipt and thereby avoid the costs of service of process.
Spousal Support – Alimony. This is the money that is paid by one spouse for the support of the other. These payments may be reportable income to the payee and deducted for tax purposes by the payor. To be deductible for tax purposes, the payments must meet the requirements of current tax laws. A tax expert should be consulted in this regard.
Spouse – Your marriage partner; refers to either husband or wife.
Stipulation – An agreement between the parties that is arrived at without the necessity of going through a court hearing. The agreement is drafted into a legal document and submitted to the court for its review, approval and enforcement as a court order.
Subpoena – Written order to compel the appearance of a person in court. Must be personally served on the person whose appearance is requested.
SDT – Subpoena Duces Tecum is a subpoena which requires, in addition to the appearance of the person, certain documents described in the subpoenas which are in the possession of the person served and which must be produced at the time and place indicated in the subpoena.
Trial – The court proceeding during which a final determination is made on all remaining issues by the assigned judicial officer after a full hearing on the merits. Each party is afforded the opportunity to testify, cross-examine, call witnesses, and present all relevant evidence essential to informing the court of the facts to be weighed in its determination of the issues presented for disposition and resolution.
Vacate – To have a previous order dismissed, such as a restraining order, thereby allowing the person to do the act or acts previously forbidden by the court.
Visitation – An agreed upon or court ordered period of time during which the non-custodial parent will have the same right of access to the minor child(ren) as does the custodial parent.