Family Law Dictionary 

 

  • Abandonment The term used to describe the action of one spouse leaving the marital home without consent. This action is deemed as grounds for divorce in some states or provinces
    Absent Parent The parent who does not have custodial rights to the child, but is responsible for the partial support of the child and is physically absent from the home where the child resides; This parent is usually referred to as the non-custodial parent
    Accrue To propagate or build upon
    Action The legal term for what is generally referred to as a lawsuit
    Administra-tive Officer The official who is appointed instead of a judge to preside over the child
    Admissible Any form of testimony or evidence that is allowed into court
    Adultery When one spouse has sexual intercourse with a third party; In some states and provinces this is considered grounds for divorce
    Adversarial Divorce or Litigated Divorce A divorce where each spouse is unable to come to any agreement
    Adversary The opposition or the opposing party in a lawsuit; In a divorce, the litigant or adversary will probably be your spouse
    AFDC (Aid to Families with Dependent Children) Financial support in the form of cash given to a family with children in need of financial help; The grant is offered because the head of the family or the custodial parent is not employed and not receiving child support or assistance from the non-custodial parent
    Affidavit A written statement of facts that are made under oath and which must be witnessed and signed by a notary or another official authorized to administer oaths
    Affirmative Defense New facts or legal defenses in response to the opposing spouse's pleading
    Agreement A verbal or written resolution of disputes
    Alimony Financial support paid to one spouse from the other; May be paid in one lump sum or in installments and it can be temporary or permanent
    Alimony Pendente A pretrial order for spousal support
    Allegations The claims that are made against the other spouse in the lawsuit (action)
    Alternative Dispute Resolution (ADR) Specific methods, including mediation and arbitration, with which couples can obtain a divorce settlement without a trial
    Annulment A legal action or lawsuit which may result in treating the marriage as if it never took place
    Answer The formal response for a divorce, separation or annulment petition; The response or answer contains the admission or denial of the allegations made by the petitioner or against the petitioner
    Antenuptial Agreement (Pre-Nup) A legal contract signed by two people prior to marriage which states limitations to spouse's rights to property, support, or inheritance if the marriage ends in divorce
    Appeal A legal procedure in which the losing party of a divorce (lawsuit) requests that a higher court review the decision
    Appearance A formal submission to the courts by the defendant (respondent) in response to the a complaint or summons
    Appellant The individual who brings the appeal
    Appellate Court The court in which a appeal is heard
    Application The primary step in all divorce proceedings and court order; The standard forms are available from the court office
    Apportion To divide and assign according to a definite rule; The division is not necessarily equal but is fair according to the respective interests of the parties involved
    Appraisal The procedure for determining the fair market value of an asset for equitable distribution in divorce
    Appraisal Report A report of the results of an appraisal which begins with the definition of an appraisal problem and leads to a specific conclusion using reasoning and relevant descriptive data
    Arbitration A legally binding, but not a judicial procedure; When a neutral third party makes judgment on a case
    Arrearages or Arrears A term used to describe the amount of money less the court order amount of Support; If a spouse does not pay the full amount of support, the missing amount is considered the arrearages
    Assets Cash, property and investments along with anything else that may be of value to a individual or business
    Assignment The release by an AFDC recipient of all rights to support arrearages owed the recipient and of the right to receive current child support as the result of the receipt of AFDC
    Attachment The process by which the court seizes the property of a debtor
    Automatic Wage Deduction or Income Deduction Order (IDO) A court ordered child support system in which the non-custodial parent has the support amount deducted directly from his or her paycheck which is then distributed by the employer
    Award A decision made by a court to compensate a person for something
    Bailiff The court attendant in charge of maintaining order in the courtroom
    Bankruptcy A legal proceeding in which a person who is financially insolvent requests the federal bankruptcy court to determine his or her debts and use his or her assets to pay those debts. Property in bankruptcy usually is administered for the benefit of the bankrupt person's creditors. Some forms of bankruptcy seek to discharge all debt if there are no assets to distribute to the creditors; Child support obligations cannot be discharged by bankruptcy
    Bench Warrant An order issued by a court for the arrest of a person who has failed to appear in court as ordered. Can also be issued for a witness who has failed to appear in response to a subpoena
    Best Interest of the Child A discretionary legal standard that pertains to support, visitation and custody
    Bigamy A criminal offense committed when one spouse enters a marriage when the previous marriage has not been terminated
    Bill of Particulars The formal title for information attached to a complaint or petition
    Blood Test The process by which blood is drawn from a child and its parents and tested to determine biological parentage. It involves genetic HLA and DNA testing
    Bona Fide Truthfully, honestly and without deceit
    Brief A document presented to the court outlining one side's position
    Burden of Proof One spouse must prove to the court any claims made against the opposing spouse. The claims must be supported with sufficient evidence
    Capias An arrest warrant ordering the sheriff or another police officer to take a person into custody because he or she refuses to show up to court
    Capitalization The conversation of income into value
    Caption The heading of a motion or other document illustrating the names of the plaintiff and the defendant, the name of the court, the court term and the identification number
    Certificate of Mailing A written statement proving to the court that a copy of a certain document was mailed to the person for whom it was intended
    Certificate of Service A written statement proving to the court and completed by a process server that a copy of a document was served to the person for whom it was intended
    Certified Copy A copy of the document contained in the court file. It includes a stamped seal confirming that the copy is indeed a true and correct copy of the document contained in the court file
    Change of Venue A change of judges when one side one side feels the present judge is prejudice
    Chart Child Support Method The method used in some legal areas to establish a basis for determining child support. It takes into consideration the gross income of both parents, less special adjustments such as support for children of a previous marriage, and a set amount of money to be allotted monthly for the child. The court has the authority to digress from the said formula as it decides is necessary in each case
    Chattel Personal property
    Child Custody Deals with the living arrangements and the legal decision - making concerning the child
    Child Support The money the non - custodial parent pays to the custodial parent to help pay for the needs of the child
    Child Support Guidelines A series of mathematical formulas that help derive the proper amount of child support that should be awarded
    Child Support Worksheet A court form devised to calculate the child support guidelines
    Citation An order from a court requiring a court appearance
    Civil Court The court which presides over non - criminal cases
    Claim The charge by one spouse against another
    Clear Title Transferring ownership of an asset without any encumbrances, obstructions or burdens that present any reasonable question of law or fact
    Clerk The person responsible for keeping court records and procedures in an orderly fashion
    COBRA Federal Legislation which guarantees that all individuals who are covered by medical insurance have the right to continue coverage for a monthly fee if employment changes or marital status changes
    Cohabitation Two people living together. This can be grounds for terminating support in some states and provinces. Often time a period of cohabitation is written
    COLA The cost of living adjustment (a COLA offset)
    Common Law Marriage A marriage in which no formal ceremony took place and no license exists
    Common Law Property Distribution The method of dividing property in a divorce according to who holds the title to the property
    Community Property All income or property that was acquired during the marriage, with exception to gifts or inheritances
    Comparables A shortened term for competitive property sales, rentals, or operating expenses used for comparison in the valuation process
    Complaint The initial pleading filed for divorce with specific grounds states
    Conciliation The attempt to establish an agreement between the divorcing spouses concerning the children and any other areas in which they do not agree
    Condonation When misconduct of a spouse is no longer grounds of divorce due to the act of forgiveness
    Conflict of Interest When any professional is not capable of performing services due to previous relationships or present relationships and/or a situation where confidentiality can be broken
    Constable A person who is given the legal right to serve process
    Constructive Abandonment The refusal of one spouse to engage in sexual relations with the other spouse. In some states and provinces this is considered grounds for divorce if lasting for a certain length of time
    Constructive Service of Process When the service of process is delivered through other methods such as a newspaper due to the unknown where abouts of the spouse
    Contempt of Court Any deliberate failure to comply with the legal process, including the disruption of the court
    Contested Divorce A divorce where at least one issue has not been settled before court. The court must decide the issue or issues
    Contingency Fee An agreement which specifies that the attorney does not get paid unless the client wins the case. This type of arrangement is generally not allowed in divorce and custody cases
    Continue or Continuance The act of postponing a scheduled court hearing to a later time
    Convey To transfer property to someone by selling it or by other means
    Co-Respondent The individual who is targeted as the partner in an adulterous relationship
    Cost Approach A set of procedures in which an appraiser derives a value indication by estimating the current cost to reproduce or replace the existing structure, deducting for all accrued depreciation in the property, and adding the estimated land value
    Count A statement of facts that clearly defines the complaint
    Counter-Claim A pleading filed by the defendant (respondent) against the plaintiff (petitioner)
    Court Clerk The administrative personnel of the court who handles the filings for court procedures and answers questions concerning them
    Court Order A written document ordering a person to do something. It is issued by a court and signed by a judge
    Court Term and Court Number An identifying date and number that appears on the captions of a papers filed in court. The assignment is made by the clerk
    Coverture The period of time a women is married
    Creditor A person to whom money is owed
    Cross-Examination The questioning of a witness of the opposing party in court or at a deposition. The purpose is to test the credibility or pursue advantageous avenues
    Cross-Petition A statement of the reasons for the breakdown of the marriage issued by the respondent. It will be different than that of the petitioner
    Cross Reference Case A separate case involving one parent in common, but in which there are other children from a different mother or father. Either parent can have cross reference cases
    Curable Depreciation Items of physical deterioration and functional obsolescence that are economically feasible to cure
    Custodial Parent The parent a child normally lives with, and the one who makes legal decisions concerning the child. There are several different types of custody arrangements
    Custody The legal right and responsibility to raise a minor child and to make decisions
    Damages The monetary harm caused by the actions of another person
    Debtor A person who owes money
    Decree The final decision made on an action for divorce
    Deed A written, legal instrument that conveys an estate or interest in real property when it is executed and delivered. There are numerous types of deeds
    Default Order or Judgment An order or judgment made based on only the plaintiff's (petitioner's) complaint, due to no response or presence of the defendant (respondent)
    Defendant The spouse who defends against the lawsuit brought against him or her by the other spouse
    Deferred Annuity An income stream that begins at some time in the future
    Deferred Compensation Package This includes all retirement assets (such as a pension, 401K, IRA) and any other saving or postponed income earned during the marriage
    Deposition The testimony of a witness under oath and reduced to writing. It is also used to question opposing spouse
    Depreciation In appraising, a loss in property value from any cause. In regard to improvements, deterioration and Obsolescence. In accounting, an allowance made against the loss in value of an asset for a defined purpose and computed using a specified method
    Direct Capitalization The capitalization method used to convert an estimate of a single year's income expectancy or any annual average of several years' income expectancies into an indication of value in one step, either by dividing the income estimated by an appropriate rate or by multiplying the income estimate by an appropriate factor
    Direct Examination The initial questioning of a witness called to the stand by an attorney
    Direct Payment Child or spousal support paid directly to the parent who has custody by the parent who does not have custody
    Disbarment The official seizing of an attorney's license to practice law
    Discounting The procedure used to convert periodic income and reversions into present value: based on the assumption that benefits received in the future are worth less than the same benefits received now
    Discovery Procedures used to absorb information that pertains to the credibility of the opposing party's case. The term may also be used for the interview procedure between the attorney and the client at the initial meeting
    Discretion of the Court An area of choice available to a judge to make decisions after reviewing reasonable evidence
    Dismiss The termination of a case without a final disposition of the matter
    Dissolution of Marriage A legal judgment that severs a marriage relationship and returns each person to single status
    Divorce A final decree required to legally terminate a valid marriage
    Docket The calendar schedule of the court
    Docket Number The number assigned by a court to a civil or criminal case. It is used to identify all court actions and it appears on all documents filed with the court in a specific case
    Domicile The place where a person lives and will return if temporarily absent
    Dower A wife's common law right to inherit from her husband
    Emancipation The point at which a minor comes of age. The age is typically 18 or 21
    Encumbered When a lien, mortgage or other restraint is placed against a property
    Entrepre-neurial Profit A market-derived figure that represents the amount an entrepreneur expects to receive in addition to costs; the difference between total cost and market value
    Equitable Distribution A system of dividing property acquired by spouses during their marriage in connection with a divorce proceeding
    Equity The net proceeds from the sale of a home, minus the fees of the solicitor and the real estate agent and the satisfying of the mortgage
    Estate A right or interest in property or the property of a deceased person
    Evaluation A study of the nature, quality, or unity of a parcel of real estate or interests in, or aspects of, real property, in which a value estimate is not necessarily required
    Evidence Documents, testimony or other informational material offered to the court to prove or disprove allegations in the pleadings
    Exhibit An item of evidence presented to the court
    Ex-Parte Court relief that is granted due to the absence of opposing party
    Expectancy Future proceeds from an estate
    Expert Witness A professional used to help a judge reach a decision. Experts can include: Appraisers, Counselors, Evaluators, Accountants
    Family Court A court with jurisdiction over child support , divorce and comparable issues
    Father's Rights Legal principles and concepts promoting the idea that custody decisions must not discriminate against fathers
    Fee Simple Estate Absolute ownership unencumbered by an other interest or estate; subject only to the limitations of eminent domain, escheat, police power, and taxation
    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
    Final Judgment Relitigation of a matter as the result of a judge's decision. It does not become final for purposes of appeal until the expiration of a certain amount of time
    Foreign Order A court order issued by another county, state or nation outside of the jurisdiction in which the custodial parent lives
    Forensics A general term sometimes used by a therapist hired to evaluate a family. The therapists will state in court which parent they feel should have custody of the child. This is known as a Custody Evaluation
    Forensic Accountant An accountant that carries out an in depth investigation of the parties accounts, especially business accounts, to determine the value of the parties' assets and/or income derived from business, etc.
    Foundation The evidence that must be presented before asking certain questions or offering documentary evidence on trial
    Garnishee An insurance company, bank, employer or others upon whom a judgment creditor has placed a Writ of Garnishment because that person or entity holds assets due the original debtor
    Garnishment A support enforcement technique in which the support payment is automatically deducted from the supporters paycheck and delivered to the spouse. This is an enforcement method of paying support. (Garnishment of Wages)
    Good Cause A standard by which a recipient of welfare is excused from cooperating with the CSE agency because by doing so the recipient and the children could be in danger. A good cause finding usually results from ample documentation of violence and abuse by the non-custodial parent
    Good Faith Absence of intent to commit fraud
    Goodwill The value of a business that is beyond the market value of any tangible assets. It includes reputation, prestige, and company name
    Grounds A legal basis for a divorce
    Guardian Ad Litem An adult, usually appointed by the court, who represents the non - legal interest of a minor child in a divorce. He or she is a trained social worker, counselor or other professional
    Habitual Residence The place where a person resides "as of habit" or permanently, for the purposes of the law
    Hardship The inability of a parent to support his or her children because of a financial strain
    Health Insurance Order A court order that instructs the non-custodial parent to purchase health and dental insurance for the children and to add them to the policy
    Hearing Any proceeding that takes place before a court where testimony is given and arguments are heard
    Hearsay Something a person claims he or she was told by someone else. Often hearsay cannot be used as evidence in a trial
    Hold Harmless A phrase used to describe an agreement by which one person agrees to assume full liability for an obligation and protect another from any loss or expense from that obligation
    Hostile Witness A witness who shows prejudice during testimony that the party who called him or her will actually do a cross-examination
    Impeachment The act of proving a witness is not credible due to inconsistent statements or other conflicting evidence
    In Camera When preceedings are held in the chambers of a judge without the participating parties. This is usually the procedure followed when children testify
    Income and Expense Declaration The form completed by a parent under oath stating that parent's income, assets, expenses and liabilities. The document is used to help determine child support to be paid by the non-custodial parent
    Incorporation Part of civil law, making one document part of another. For example, the Agreement becomes part of the Decree in Divorce
    Injunction A court order preventing someone from doing a particular act which is likely to cause physical, mental injury or property loss of another individual
    Intangible Assets Items of personal property; examples; franchises, trademarks, patents, copyrights, goodwill
    Intangible Value A value that cannot be imputed to any part of the physical property
    Intercept A process by which CSE agencies take part of a noncustodial parent's unemployment insurance payments, disability insurance payments, income tax returns and lottery gains to pay child support arrearages owed by the noncustodial parent
    Interlocutory Hearing Any hearing at which a pretrial or court ruling is requested
    Interrogatories A group of questions served upon the opposing party to gain knowledge pertaining to the issues in the matrimonial proceedings
    Inventory and Appraisement A listing and valuation of properties owned by the parties seeking a divorce
    Investment Analysis A process in which the attractiveness of an investment is measured by analyzing ratios
    Joint Legal Custody A form of custody of minor children in which the parents share the responsibilities and major decision-making related to the child
    Joint Physical Custody A form of custody of minor children in which the parents share the actual physical custody of the child
    Joint Property Property that is held in the name of more than one person
    Joint Tenancy A form of joint ownership in which each joint owner has an equal share
    Judgment The ruling or order of the court
    Judgment of Divorce A formal written document that states that a man and a woman are divorced. This is prepared by an attorney and presented to the court for the Judge to sign. In some states and provinces, this is recognized a the Divorce Decree or Decree of Dissolution
    Jurisdiction The power of the court to rule on issues related to the parties, their children and their property
    Law Guardian An attorney that is typically assigned by the judge to represent the child or children in an intense custody battle
    Lease A written document in which the rights to use an occupancy of land or structures are transferred by the owner to another for a specific period of time in return for a specified rent
    Leased Fee Estate An ownership interest held by a landlord with the right of use and occupancy conveyed by lease to others: usually consists of the right to receive rent and the right to repossession at the termination of the lease
    Leasehold Estate The tenant's right to title to a property for a specific period of time whereby the tenant does not actually own the property but has a long-term lease on it
    Legal Custody The authority of one parent or both parents to make legal decisions regarding health, education and welfare of the child
    Legal Separation A legal lawsuit for support while the spouses are living separate and apart
    Leverage Factors Considerations made by each parties pertaining to the issues that are being disputed
    Lien An encumbrance put on a property owned by a judgment debtor. It prevents the sale, transfer of title or refinancing of the property until the debt is satisfied
    Liquidation Value The price that an owner is compelled to accept when a property must be sold without reasonable market exposure
    Litigation The process of fighting a legal dispute in the court system
    Long Arm The means by which a court can get jurisdiction over someone who lives outside the jurisdiction in which the court is located
    Lump-Sum Alimony A spousal support that is ordered to be paid in a fixed amount. The completion of the payment may be made in installments. (see spousal support section)
    Magistrate A person who performs the functions of a judge but does not have the power to issue a court order. Judges sometimes pass work, hearings and trials, to magistrates or masters who then in turn make recommendations to the judge as to the particulars of the case
    Maintenance The same as spousal support or alimony
    Marital Property Property that is acquired by the spouses during the marriage. It typically does not include any property owned prior to marriage
    Marital Settlement Agreement A written agreement entered into by the spouses getting divorced stating their rights and agreements pertaining to property, support and custody
    Marketable Title A title not subject to reasonable doubt or suspicion of invalidity in the mind of a reasonable and intelligent person: one which a prudent person guided by competent legal advice would be willing to accept and purchase at market value
    Mediation A non-adversarial divorce procedure where the spouses are assisted in reaching a settlement by a neutral third party that is trained in the divorce process
    Mediator A neutral person who presides over the mediation process
    Military Allotment A deduction from child support from the salary of a noncustodial parent on active duty in the United States Military
    Minute Order An official record of a court proceeding. It is prepared by the court clerk and is not a judgment
    Mistrial A trial that is terminated due to some kind of error that would declare the trial invalid
    Modification An order changing the terms of another order
    Motion A written or oral request to the court for some type of action
    Motion to Modify A written request of the court to change a previous order regarding child custody, support, alimony or other divorce-related decisions
    No-Fault Divorce A type of divorce that may be granted even though either spouse has not performed any kind of marital misconduct
    Non-Custodial Parent The parent who does not have physical custody of the child, and who typically is paying child support to the child
    Non-Marital Property Property considered by the courts to belong to one spouse or another and that which is not available for equitable distribution
    Nullity A decree indicating that a marriage is null and void
    Objection The verbal response of a lawyer when something inappropriate is happening during a trial or deposition. It is one of many steps involved in protecting the record
    Obligee The person to whom money or property is owed by a judgment
    Obligor The person who owes money or property as the result of a judgment
    Obsolescense One of the causes of depreciation: an impairment of desirability and usefulness caused by new inventions, current changes in design, improved processes of production, or external factors that make a property less desirable and valuable for a continued use
    Opening Statement A lawyer's opening remarks in the beginning of a trial. They are addressed to the judge
    Opinion A belief held by a person. In court, a witness is restricted to stating facts and are not permitted to given an opinion. They can, however, express an opinion if they are qualified as an expert witness
    Order A court's specific ruling on a disputed issue
    Order After Hearing A written order issued after a hearing and signed by a judge
    Order of Examination A court proceeding during which a judgment debtor is questioned about his or her assets. The questioning is done under oath
    Order of Protection An order assigned by the court to prevent one spouse from doing something. Typically, this is assigned in cases where one spouse is harassing the other. If the spouse refuses to abide by the order, he or she may be arrested and end up in jail
    Order to Show Cause A court order requiring a party to a civil action to appear in court on a specific date and time. This is scheduled to explain why the court should not take a particular action in the case
    Palimony Support paid from one person to another even though they were never married
    Paralegal A trained person who assists a lawyer
    Parens Patriae A doctrine whereby the state takes jurisdiction over a minor living within its border. It is the basis for deciding what state will assume jurisdiction in a child custody case
    Parenting Classes Organized classes designed to teach parents how to minimize the negative aspects of divorce on their children
    Party A plaintiff or a defendant in a legal proceeding
    Paternity The legal biological relationship between father and child
    Perjury The act of lying under oath in court
    Personal Jurisdiction The power of the court to make orders regarding an individual and have them enforced
    Personal Property Property that is not real estate
    Petition The title given to the first document filed in pursuit of a divorce
    Petitioner The person who initiates the divorce by filing the petition
    Physical Custody It is in reference to the parent with whom the child resides. Depending upon arrangements, it may be joint or sole custody
    Plaintiff The individual who files the divorce petition, thereby initiating the divorce
    Pleading A formal written application to the court which requests action by the court
    Postnuptial A written contract between husband and wife that states all of their present and future rights in view of their impending divorce
    Praecipe An order asking the court to act. It is addressed to the clerk of court
    Prayer The portion at the end of the pleading which states the relief that is requested of the court
    Precedent Something that has already happened that will influence how future similar events will be viewed by the court
    Prenuptial Agreement A legal contract signed by two people before they get married. It typically involves limitations on a spouse's rights to property, support, and inheritance upon divorce
    Present Value The value of a future payment or series of future payments discounted to the current date or to time period zero
    Primary Caretaker The parent who provides majority of the child's day to day care
    Privilege The right a spouse has to make admissions to an attorney or counselor that can not be later used as evidence
    Pro-Se Divorce A divorce in which each spouse represents themselves in court without an attorney
    Purpose of an Appraisal The states scope of an appraisal assignment, i.e., to estimate a defined value of any real property interest, or to conduct an evaluation study pertaining to real property decisions
  • Qualified Domestic Relations Order (QDRO) A court ruling stating that a portion of one spouse's pension be awarded to the other spouse as part of the equitable distribution of the marital assets
    Quit Claim Deed A deed that releases whatever interest or title a grantor may hold in a property, without claiming any obligations or warranties
    Range of Value The range, or confidence interval, in which the final estimate of a property's value may lie
    Real Estate Physical land and appurtenances affixed to the land: land
    Real Property All interests, benefits, and rights inherent in the ownership of physical real estate
    Rebuttal An introduction of evidence in response to a matter raised by the opposing party
    Reciprocity The process of cooperation between states and countries to establish and enforce child support orders. Laws and court orders of each jurisdiction are recognized and enforced
    Record All of the testimony and evidence that is used in court to decide a case. What is on record is what the Judge will use to make his or her decision
    Re-Cross The second round of cross-examination that occurs after redirect in a trial
    Re-Direct The second round of direct examination that occurs in the trial after cross-examination
    Registry The entity through which the court receives and disburses money, as in child support payments
    Rehabilitative Alimony Alimony intended to help the exspouse become financial self sufficient
    Reimburse-ment A fixed amount stated in a judgment which would order the defendant to pay back to the government welfare which the government paid on behalf of the child
    Release A document that frees up a person's right or claimed right to something. It is usually given in exchange for something else, typically another release or money
    Remand The act of sending a case back to the judge to be retried because of a significant mistake made by the judge during the first trial
    Replacement Cost or Reproduction Cost The estimated cost of construct, at current prices, a building with utility equivalent to the building being appraised, using modern materials and current standards, design, and layout, and quality of workmanship, and embodying all the subject's deficiencies, superadquacies, and obsolescence
    Request for Production Part of the Discovery process. One attorney asks that the other side produce financial documents he or she feels are necessary to the case
    Residence The place where a spouse lives
    Respondent The defendant in a divorce
    Response The formal document filed by the defendant (respondent) to answer the complaint or summons
    Restraining Order A court order restricting a persons actions. They are sometimes issued by one spouse to try to deter the other spouse from committing violent acts
    Retainer A fee paid to an attorney to work on a case
    Retainer Agreement A written contract between lawyer and client delineating their responsibilities to each other
    Right of Survivorship The right of joint owners to receive the other's share of property upon the death of the other owner
    Rules of Evidence The rules that pertain to the deliverance of evidence in hearings or depositions
    RURESA Revised Uniform Reciprocal Enforcement of Support Act, an act facilitating interstate enforcement of support orders
    Sales Comparison Approach The method of evaluating a property's value by comparing it to actual sales prices and values of comparable properties
    Sanctions Court-ordered punishment
    Separate Maintenance An action filed for support between two spouses not living together even though the spouse's are not actively seeking a divorce
    Separate Property Property considered to be owned by one spouse prior to marriage, which in most states in not up for distribution upon divorce
    Separation When spouses no longer co-habitate or live together
    Separation Agreement An agreement on support, child care and property covering the period before divorce but after separation