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| This dictionary contains: 8526 juridical terms |
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Divorce
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Divorce The divorce is the legal ending of a marriage. Divorcing refers to limited aspects: to get a judgment of divorce and to make arrangements for distribution of property, child custody and spousal support, in some cases.
A divorce starts with a petition (complaint) made by spouse (petitioner) and ends with an order for divorce called judgment. The petition is a standard document for divorce that shows the facts and issues and what the petitioner wants. After being filed with the court, it is served on the other spouse to give notice that the divorce case has started. Then the other spouse (respondent) can file a response, if necessary, but within a stated time (30 days after the petition is served). If a response is filed, the divorce case is “contested” and if there is no response, the case is “uncontested”.
The uncontested divorce is relatively simple: it consists in paperwork and red tape to judgment. Some couples might need working out a written marital settlement agreement. A petitioner’s appearance in court might be required, although many states have procedures that don’t require hearing. Contested divorce has many complicated steps, the presence of a lawyer being very helpful and efficient in saving time and emotional stress. A contested divorce can become uncontested if one spouse simply drops out of the contest or if the spouses reach an agreement.
About 95% of all divorce cases are able to reach agreement and settle without the need to go to trial. Collaborative divorce involves two clients and two attorneys who work together to reach a settlement with best possible result for both parties after negotiations of financial issues and custody. The law is used to impose a decision only when there is a disagreement brought into court. When children are involved, the judge might take a look at the terms to make sure they are well supported and protected.
RELATED TERMS--------------------------------------
Divorce
The divorce is the legal ending of a marriage. Divorcing refers to limited aspects: to get a judgment of divorce and to make arrangements for distribution of property, child custody and spousal support, in some cases. A divorce starts with a petition (complaint) made by spouse (petitioner) and ends with an order for divorce called judgment. The petition is a standard document for divorce that shows the facts and issues and what the petitioner wants. After being filed with the court, it is served on the other spouse to give notice that the divorce case has started. Then the other spouse (respondent) can file a response, if necessary, but within a stated time (30 days after the petition is served). If a response is filed, the divorce case is “contested” and if there is no response, the case is “uncontested”. The uncontested divorce is relatively simple: it consists in paperwork and red tape to judgment. Some couples might need working out a written marital settlement agreement. A petitioner’s appearance in court might be required, although many states have procedures that don’t require hearing. Contested divorce has many complicated steps, the presence of a lawyer being very helpful and efficient in saving time and emotional stress. A contested divorce can become uncontested if one spouse simply drops out of the contest or if the spouses reach an agreement. About 95% of all divorce cases are able to reach agreement and settle without the need to go to trial. Collaborative divorce involves two clients and two attorneys who work together to reach a settlement with best possible result for both parties after negotiations of financial issues and custody. The law is used to impose a decision only when there is a disagreement brought into court. When children are involved, the judge might take a look at the terms to make sure they are well supported and protected.
Legal
That which is according to law. It is used in opposition to equitable, as the legal estate is, in the trustee, the equitable estate in the cestui que trust.
Marriage
A contract made in due form of law, by which a free man and a free woman reciprocally engage to live with each other during their joint lives, in the union which ought io exist between husband and wife. By the terms freeman and freewoman in this definition are meant, not only that they are free and not slaves, but also that they are clear of all bars to a lawful marriage.
Judgment
Practice. The decision or sentence of the law, given by a court of justice or other competent tribunal, as the result of proceedings instituted therein, for the redress of an injury.
Distribution
By this term is understood the division of an intestate's estate according to law.
Property
Property is commonly thought of as a thing which belongs to someone and over which a person has total control. But, legally, it is more properly defined as a collection of legal rights over a thing. These rights are usually total and fully enforceable by the state or the owner against others. It has been said that "property and law were born and die together. Before laws were made there was no property. Take away laws and property ceases." before laws were written and enforced, property had no relevance. Possession was all that mattered. There are many classifications of property, the most common being between real property or immoveable property (real estate such as land or buildings) and "chattel", or "moveable" (things which are not attached to the land such as a bicycle, a car or a hammer) and between public (property belonging to everybody or to the state) and private property.
Child
Generally, an unmarried person under 21 years of age who is: a child born in wedlock; a stepchild, provided that the child was under 18 years of age at the time that the marriage creating the stepchild relationship occurred; a legitimated child, provided that the child was legitimated while in the legal custody of the legitimating parent; a child born out of wedlock, when a benefit is sought on the basis of its relationship with its mother, or to its father if the father has or had a bona fide relationship with the child; a child adopted while under 16 years of age who has resided since adoption in the legal custody of the adopting parents for at least 2 years; or an orphan, under 16 years of age, who has been adopted abroad by a U.S. citizen or has an immediate-relative visa petition submitted in his/her behalf and is coming to the United States for adoption by a U.S. citizen.
Custody
The detainer of a person by virtue of a lawful authority.
Support
The right of support is an easement which one man, either by contract or prescription, enjoys, to rest the joists or timbers of his house upon the wall of an adjoining building, owned by another person.
Cases
General term for an action, cause, suit, or controversy, at law or in equity; questions contested before a court of justice.
Petition
An instrument of writing or printing containing a prayer from the person presenting it, called the petitioner, to the body or person to whom it is presented, for the redress of some wrong, or the grant of some favor, which the latter has the right to give.
Spouse
Husband or wife.
Order
An instruction rightfully given by someone superior in hyerarchy. Also, a social state of civil coexistance without widespread public violence.
Standard
1) In war. An ensign or flag used in war. 2) Measure. A weight or measure of certain dimensions, to which all other weights and measures must correspond; as, a standard bushel. Also the quality of certain metals, to which all others of the same kind ought to be made to conform; as, standard gold, standard silver.
Issues
English law. The goods and profits of the lands of a defendant against whom a writ of distringas or distress infinite has been issued, taken by virtue of such writ, are called issues.
Petitioner
The party who begins an action; the party who complains or sues in an action and is named as such in the court's records. Also called a plaintiff.
Court
A body in government to which the administration of justice is delegated.
Notice
The information given of some act done, or the interpellation by which some act is required to be done. It also signifies, simply, knowledge; as A had notice that B was a slave.
Case
1) Practice. A contested question before a court of justicea suit or action a cause. 2) An agreement in writing, between a plaintiff and defendant, that the facts in dispute between them are as there agreed upon and mentioned
File
To personally deliver a document to a clerk of a court so that the document can be included in the official records of a case.
Response
The formal document filed by the defendant (respondent) to answer the complaint or summons.
Time
Contracts, evidence, practice. The measure of duration., It is divided into years, months. days, hours, minutes, and seconds. It is also divided into day and night. 2) Pleading. The avertment of time is generally necessary in pleading; the rules are different, in different actions.
Simple
Not compounded, alone; as, simple interest, which is interest on the principal sum lent only and not interest on the interest; simple contract, &c.
Marital
That which belongs to marriage; as marital rights, marital duties.
Settlement
1) Domicil. The right which a person has of being considered as resident of a particular place. 2) Contracts. The conveyance of an estate, for the benefit of some person or persons.
Agreement
A verbal or written resolution of disputes.
Appearance
The act of showing up in court as either plaintiff, defendant, accused or any other party to a civil or criminal suit. It implies that you accept the power of the court to try the matter (i.e. "jurisdiction"). Appearances are most often made by lawyers on their clients behalf and any appearance by a lawyer binds the client. You can make a limited appearance called a "special appearance" in which your presence is not to imply acceptance of the court's jurisdiction but, rather, to challenge the jurisdiction of the court. An example of the usefulness of a "special appearance" would be where you want to raise the fact that you were never properly served with the court papers.
States
By this name are understood in some countries, the assembly of the different orders of the people to regulate the affairs of the commonwealth, as, the states general.
Hearing
"1) Chwncery practice. The term, hearing is given to the trial of a chancery suit. 2) Criminal law. The examination of a prisoner charged with a crime or misdemeanor, and of the witnesses for the accuser.
Presence
The existence of a person in a particular place.
Lawyer
A person licensed to practice law; other words for "lawyer" include: attorney, counsel, solicitor and barrister.
Without
Pleading. This word is adopted in formal traverses, and is a negative signifying "and not for;" accordingly the language of the elder entries sometimes is, It et nemy pur tiel cause.
Trial
Practice., The examination before a competent tribunal, according to the laws, of the land, of the facts put in issue in a cause, for the purpose of determining such issue.
Parties
Contracts. Those persons who engage themselves to do, or not to do the matters and things contained in an agreement.
Decision
Practice. A judgment given by a competent tribunal. The French lawyers call the opinions which they give on questions propounded to them, decisions.
When
1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent.
Judge
An elected or appointed public official with authority to hear and decide cases in a court of law.
Take
This is a technical expression which signifies to be entitled to; as, a devisee will take under the will. To take also signifies to seize, as to take and carry away.
Well
A hole dug in the earth in order to obtain water.
SIMILAR TERMS--------------------------------------
Divorce law
The area of the legal profession dealing with divorce cases.
Divorce lawyer
A lawyer who specializes in divorce disputes and litigation.
PREVIOUS AND NEXT TERMS--------------------------------------
Divorce
Divorce law
The area of the legal profession dealing with divorce cases.
Divorce lawyer
A lawyer who specializes in divorce disputes and litigation.
Defense attorney
The attorney representing the defendant; he or she may be a private attorney, a court appointed attorney, or a county public defender.
Dowd, Michael
New York lawyer.
RELATED TERMS--------------------------------------
Divorce
The divorce is the legal ending of a marriage. Divorcing refers to limited aspects: to get a judgment of divorce and to make arrangements for distribution of property, child custody and spousal support, in some cases. A divorce starts with a petition (complaint) made by spouse (petitioner) and ends with an order for divorce called judgment. The petition is a standard document for divorce that shows the facts and issues and what the petitioner wants. After being filed with the court, it is served on the other spouse to give notice that the divorce case has started. Then the other spouse (respondent) can file a response, if necessary, but within a stated time (30 days after the petition is served). If a response is filed, the divorce case is “contested” and if there is no response, the case is “uncontested”. The uncontested divorce is relatively simple: it consists in paperwork and red tape to judgment. Some couples might need working out a written marital settlement agreement. A petitioner’s appearance in court might be required, although many states have procedures that don’t require hearing. Contested divorce has many complicated steps, the presence of a lawyer being very helpful and efficient in saving time and emotional stress. A contested divorce can become uncontested if one spouse simply drops out of the contest or if the spouses reach an agreement. About 95% of all divorce cases are able to reach agreement and settle without the need to go to trial. Collaborative divorce involves two clients and two attorneys who work together to reach a settlement with best possible result for both parties after negotiations of financial issues and custody. The law is used to impose a decision only when there is a disagreement brought into court. When children are involved, the judge might take a look at the terms to make sure they are well supported and protected.
Legal
That which is according to law. It is used in opposition to equitable, as the legal estate is, in the trustee, the equitable estate in the cestui que trust.
Marriage
A contract made in due form of law, by which a free man and a free woman reciprocally engage to live with each other during their joint lives, in the union which ought io exist between husband and wife. By the terms freeman and freewoman in this definition are meant, not only that they are free and not slaves, but also that they are clear of all bars to a lawful marriage.
Judgment
Practice. The decision or sentence of the law, given by a court of justice or other competent tribunal, as the result of proceedings instituted therein, for the redress of an injury.
Distribution
By this term is understood the division of an intestate's estate according to law.
Property
Property is commonly thought of as a thing which belongs to someone and over which a person has total control. But, legally, it is more properly defined as a collection of legal rights over a thing. These rights are usually total and fully enforceable by the state or the owner against others. It has been said that "property and law were born and die together. Before laws were made there was no property. Take away laws and property ceases." before laws were written and enforced, property had no relevance. Possession was all that mattered. There are many classifications of property, the most common being between real property or immoveable property (real estate such as land or buildings) and "chattel", or "moveable" (things which are not attached to the land such as a bicycle, a car or a hammer) and between public (property belonging to everybody or to the state) and private property.
Child
Generally, an unmarried person under 21 years of age who is: a child born in wedlock; a stepchild, provided that the child was under 18 years of age at the time that the marriage creating the stepchild relationship occurred; a legitimated child, provided that the child was legitimated while in the legal custody of the legitimating parent; a child born out of wedlock, when a benefit is sought on the basis of its relationship with its mother, or to its father if the father has or had a bona fide relationship with the child; a child adopted while under 16 years of age who has resided since adoption in the legal custody of the adopting parents for at least 2 years; or an orphan, under 16 years of age, who has been adopted abroad by a U.S. citizen or has an immediate-relative visa petition submitted in his/her behalf and is coming to the United States for adoption by a U.S. citizen.
Custody
The detainer of a person by virtue of a lawful authority.
Support
The right of support is an easement which one man, either by contract or prescription, enjoys, to rest the joists or timbers of his house upon the wall of an adjoining building, owned by another person.
Cases
General term for an action, cause, suit, or controversy, at law or in equity; questions contested before a court of justice.
Petition
An instrument of writing or printing containing a prayer from the person presenting it, called the petitioner, to the body or person to whom it is presented, for the redress of some wrong, or the grant of some favor, which the latter has the right to give.
Spouse
Husband or wife.
Order
An instruction rightfully given by someone superior in hyerarchy. Also, a social state of civil coexistance without widespread public violence.
Standard
1) In war. An ensign or flag used in war. 2) Measure. A weight or measure of certain dimensions, to which all other weights and measures must correspond; as, a standard bushel. Also the quality of certain metals, to which all others of the same kind ought to be made to conform; as, standard gold, standard silver.
Issues
English law. The goods and profits of the lands of a defendant against whom a writ of distringas or distress infinite has been issued, taken by virtue of such writ, are called issues.
Petitioner
The party who begins an action; the party who complains or sues in an action and is named as such in the court's records. Also called a plaintiff.
Court
A body in government to which the administration of justice is delegated.
Notice
The information given of some act done, or the interpellation by which some act is required to be done. It also signifies, simply, knowledge; as A had notice that B was a slave.
Case
1) Practice. A contested question before a court of justicea suit or action a cause. 2) An agreement in writing, between a plaintiff and defendant, that the facts in dispute between them are as there agreed upon and mentioned
File
To personally deliver a document to a clerk of a court so that the document can be included in the official records of a case.
Response
The formal document filed by the defendant (respondent) to answer the complaint or summons.
Time
Contracts, evidence, practice. The measure of duration., It is divided into years, months. days, hours, minutes, and seconds. It is also divided into day and night. 2) Pleading. The avertment of time is generally necessary in pleading; the rules are different, in different actions.
Simple
Not compounded, alone; as, simple interest, which is interest on the principal sum lent only and not interest on the interest; simple contract, &c.
Marital
That which belongs to marriage; as marital rights, marital duties.
Settlement
1) Domicil. The right which a person has of being considered as resident of a particular place. 2) Contracts. The conveyance of an estate, for the benefit of some person or persons.
Agreement
A verbal or written resolution of disputes.
Appearance
The act of showing up in court as either plaintiff, defendant, accused or any other party to a civil or criminal suit. It implies that you accept the power of the court to try the matter (i.e. "jurisdiction"). Appearances are most often made by lawyers on their clients behalf and any appearance by a lawyer binds the client. You can make a limited appearance called a "special appearance" in which your presence is not to imply acceptance of the court's jurisdiction but, rather, to challenge the jurisdiction of the court. An example of the usefulness of a "special appearance" would be where you want to raise the fact that you were never properly served with the court papers.
States
By this name are understood in some countries, the assembly of the different orders of the people to regulate the affairs of the commonwealth, as, the states general.
Hearing
"1) Chwncery practice. The term, hearing is given to the trial of a chancery suit. 2) Criminal law. The examination of a prisoner charged with a crime or misdemeanor, and of the witnesses for the accuser.
Presence
The existence of a person in a particular place.
Lawyer
A person licensed to practice law; other words for "lawyer" include: attorney, counsel, solicitor and barrister.
Without
Pleading. This word is adopted in formal traverses, and is a negative signifying "and not for;" accordingly the language of the elder entries sometimes is, It et nemy pur tiel cause.
Trial
Practice., The examination before a competent tribunal, according to the laws, of the land, of the facts put in issue in a cause, for the purpose of determining such issue.
Parties
Contracts. Those persons who engage themselves to do, or not to do the matters and things contained in an agreement.
Decision
Practice. A judgment given by a competent tribunal. The French lawyers call the opinions which they give on questions propounded to them, decisions.
When
1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent.
Judge
An elected or appointed public official with authority to hear and decide cases in a court of law.
Take
This is a technical expression which signifies to be entitled to; as, a devisee will take under the will. To take also signifies to seize, as to take and carry away.
Well
A hole dug in the earth in order to obtain water.
SIMILAR TERMS--------------------------------------
Divorce law
The area of the legal profession dealing with divorce cases.
Divorce lawyer
A lawyer who specializes in divorce disputes and litigation.
PREVIOUS AND NEXT TERMS--------------------------------------
Divorce
Divorce law
The area of the legal profession dealing with divorce cases.
Divorce lawyer
A lawyer who specializes in divorce disputes and litigation.
Defense attorney
The attorney representing the defendant; he or she may be a private attorney, a court appointed attorney, or a county public defender.
Dowd, Michael
New York lawyer.
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This dictionary contains 8526 terms.
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