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Family Law Glossary
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z All
Action:
A lawsuit or proceeding in a court of
law.
Admission of Service:
At dissolution, a paper signed
by a party admitting that he or she received the Petition for
Dissolution.
Affidavit:
A written statement made under oath,
often as part of a divorce proceeding. In a divorce proceeding, Affidavits
usually accompany motions and are used to avoid having to appear in court
personally to testify.
Alimony:
See Spousal maintenance.
Allegations:
The claims or charges against the other
person which are made in a lawsuit.
Alternate Dispute Resolution (ADR):
A phrase used to
describe methods of resolving divorce disputes rather than going to court. Also
sometimes referred to as “ADR” or “low conflict resolution”.
Annulment:
A legal decree that makes a marriage null
and void. Under Minnesota law, a legal annulment (which is different than a
religious annulment) is extremely difficult to obtain and usually requires that
one of the parties lacked the capacity to consent to the marriage.
Answer:
A written response to a petition issued by
the Respondent, usually accompanied bya counter petition setting forth the basis
for the petition and the relief that is sought by the Respondent.
Appeal:
When one person disagrees with a decision
made by a trial judge and asks the Court of Appeals or the Supreme Court to
review that decision. This is a formal legal proceeding.
Appellant:
The person who brings the
appeal.
Arbitration:
An alternative in which parties agree
to have a neutral person make decisions in matters relating to their case. The
parties can stipulate to make the arbitrators decisions binding. Usually the
decision cannot be appealed.
Arrearages:
The difference between the amount of
spousal maintenance or child support paid and the amount required by a court
order.
Assignment:
The transfer of a right or interest in
property from one person to another.
Attorney of record:
An attorney that is officially
representing a party in a proceeding. An attorney of record is generally
authorized to perform certain functions on behalf of a party, including receive
service of papers.
Award:
A decision by a court in a lawsuit to
compensate a person in some fashion.
Brief:
A written presentation of a party’s
position.
Cause of Action:
The legal theories or basis upon
which a lawsuit is based.
Child (Minor Child):
An individual under 18 years of
age, an individual who is under 20 years of age and who is still attending high
school, or a child who, by reason of physical or mental condition is incapable
of self support.
Child Support:
The amount of money that one parent
pays to the other parent to help pay for the everyday needs of the children,
including housing, food, and clothing.
Child Support Guidelines:
The amount of child
support to be paid under normal circumstances when one parent has primary
physical custody, according to a schedule established by the State. To review
the current Minnesota schedule, click here.
Civil Court:
A court that presides over non-criminal
matters.
Claim:
A charge by one person against
another.
Cohabitation:
The act of living with someone,
generally if sex is shared. In Minnesota cohabitation is not generally grounds
for termination of spousal maintenance.
Collaborative Law:
Collaborative law is a way of
practicing law whereby the attorneys for both of the parties in a family dispute
agree to assist them in resolving conflict using cooperative strategies rather
than adversarial techniques and litigation. Early non-adversarial participation
by the attorneys allows them to use attributes of good lawyering not greatly
utilized in the usual adversarial proceedings. The attributes include the use of
analysis and reasoning to solve problems, generation of options, and creation of
a positive context for settlement.
Common Law Marriage:
A marriage in which there has
been no formal ceremony or marriage license. A judicially recognized marriage in
some states but not allowed in Minnesota.
Contested Divorce:
One party opposes the other
because he or she disagrees with the other party on some of the issues of the
divorce such as property, child custody, child support, spousal maintenance,
assumption of debts, etc.
Consensual Special Magistrate:
An alternative in
which the parties choose to have a third person decide their case in the same
manner as if a judge decided it. The decisions are binding and can be
appealed.
Counter-Petition:
A petition filed by the responding
party, or respondent, stating the relief that they are seeking.
Court Services Evaluator:
An individual who makes
the child custody evaluation and who is appointed by a county court services
agency.
Custodial Parent:
When physical custody language is
used, the parent who has physical custody of a child at any particular
time.
Custody:
The legal right and responsibility awarded
by the Court for the care of the child. Under Minnesota law, there is
recognition of legal custody and physical custody. In addition, a new statute
allows the parties to avoid the use of custody language in favor of developing a
parenting plan.
Custody Evaluation:
A third party investigates the
circumstances surrounding the custody of one or more children for purposes of
recommending a custodial arrangement for the children.
Default alternative:
An alternative that occurs by
default if another alternative is put in its place. In divorce proceedings, a
court trial is the default alternative.
Defendant:
The person who defends against a lawsuit
brought against him or her by another. The Defendant may also be called the
Respondent.
Deposition:
When a party or witness is asked
questions under oath in the presence of a court reporter who prepares a
transcript of the questions and the answers. A deposition is usually conducted
in a lawyer’s office without a judge present. A court stenographer takes down
everything that is said and later types it up in a transcript to be reviewed by
the parties and their attorneys.
Discovery:
The process by which one party obtains
information from the other party through things such as Interrogatories, Request
for the Production of documents and depositions.
Dissolution of Marriage:
The legal term used to
describe a divorce. An action in which a party petitions the court to end the
marital relationship.
Divorce:
A legal judgment that severs the marriage
of two people and restores them to the status of single persons. Also call a
dissolution of marriage.
Divorce decree:
The court order that grants the
divorce and outlines the determination of the issues in the dissolution. Also
referred to as a final decree or the Findings of Fact, Conclusion of Law, Order
to Judgment and Judgment and Decree.
Emancipation:
An act by which a parent relinquishes
their right to custody and are relieved of their duty to support the child.
Emancipation can occur when a child marries, is inducted into military service,
by court order, or based upon the best interests of the child when the child
reaches the appropriate age. Barring emancipation, a child in Minnesota is
considered to be a minor until he or she reaches the age of 18 and graduates
from high school, whichever is later. However, if a child attains the age of 20
and is not graduated from high school they are no longer a minor under our
law.
Equitable Distribution:
The division of property
acquired during the marriage that may include marital debts.
Financial Neutral:
A person with a financial
background, usually a certified public accountant, who provides unbiased
assistance to the parties and their attorneys for the purpose of reaching a
resolution on disputed issues.
Formal Discovery:
Information that is gathered
through the use of formal methods such as submitting interrogatories, requests
for the production of documents, or conducting depositions. This is in contrast
to informal discovery in which the parties and/or their attorneys agree to
voluntarily exchange whatever information is requested by letter or in some
other informal fashion.
Guardian ad Litem:
A person assigned to protect the
specific interests of the children.
Grounds:
Legally sufficient reasons why a person is
entitled to a divorce. Almost all states today, including Minnesota, are no
fault states in which it is not necessary to state grounds for a divorce. Under
Minnesota law the standard for a divorce is that there is an irretrievable
breakdown of the marriage relationship.
Hearing:
Any proceeding before a court where
testimony is given or arguments are heard.
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 based on that obligation.
Interrogatory:
Written questions asked by one party
to the opposing party. The opposing party must answer the questions under
oath.
Impasse:
A point at which further progress does not
seem possible.
Joint Legal Custody:
A form of custody where both
parents have equal rights and responsibilities, including the right to
participate in major decisions determining the child’s up-bringing including
education, health care, and religious training. In Minnesota law there is a
presumption in favor of joint legal custody.
Joint Petition for dissolution:
A petition in which
both parties are petitioning for dissolution at the same time rather than having
one petitioner and one respondent.
Joint Physical Custody:
A form of custody of minor
children in which the parents share the actual physical custody of the child.
The time spent living with each individual parent is structured between the
parties. Joint physical custody does not require that there be an equal sharing
of time.
Joint property:
Property that is held or titled in
the name of more than one person.
Judgment:
A ruling or court order.
Judgment and Decree:
The document that actually
grants the divorce and which generally identifies the ruling or agreement on
other issues such as custody, child support, spousal maintenance, and property
division.
Jurisdiction:
The power or authority of a court to
rule in a particular case. A court must have jurisdiction over both the subject
matter of the case, and the people involved in the dispute, in order to have the
authority to hear a case and make binding decisions.
Legal Custody:
The right to determine the child’s
upbringing including education, health care, and religious training.
Legal Separation:
A court determination of rights
and responsibilities of a husband and wife without dissolving the
marriage.
Low conflict alternatives:
Alternatives for dispute
resolution that are designed to reduce conflict. Also referred to as
non-adversarial alternatives.
Lump-sum alimony:
Spousal support that is made in a
single payment or is a fixed amount, but paid in specific installments.
Legal Consultant:
Someone who consults with a client
and provides legal advice and legal services but is not the client’s retained
attorney.
Marital Property:
All property acquired during the
course of the marriage regardless of who owns it or who has title to it.
Includes property such as houses, real estate, pensions, stocks, bonds, and
household goods. Marital property does not generally include property that was
acquired by either spouse prior to the marriage.
Marital Termination Agreement:
Sometimes referred to
as a stipulation. A complete agreement reached between the parties that spells
out decisions made regarding all issues in an action for dissolution of
marriage. These may include the issues of custody, child support, spousal
maintenance, property, and debts.
Med/Arb:
Short for “Mediation/Arbitration.” A
mixture of mediation and arbitration in which the parties begin mediation and
agree that, if the issues are not resolved through mediation, the mediator can
act as an arbitrator and make binding decisions.
Mediation:
A process in which an impartial third
party facilitates an agreement between two or more persons.
Minor child:
See Child.
Motion:
A request that one party makes for some type
of action or decision to be made by the Court.
Motion hearing:
A hearing before a judge or referee
in which the judge hears arguments but no testimony.
Multi-disciplinary team:
A group of professionals
from different areas of practice such as law, mental health, accountants, who
are working together as a team to provide assistance to a client or
clients.
Neutral:
A general term used to describe any
individual or expert who works in a neutral or unbiased capacity in an effort to
help the parties resolve issues.
No-Fault Divorce:
A type of divorce which may be
granted without the necessity of showing that either spouse was guilty of some
form of marital misconduct.
Non-adversarial alternative:
General term used to
describe alternatives to more traditional divorce process methods. They are
designed to avoid court and other adversarial methods. Also referred to as
low-conflict alternatives or alternate dispute resolution (ADR).
Non-custodial Parent:
In a situation where one
parent has primary physical custody, the other parent is deemed to be the
non-custodial parent, since that parent does not have the children half of the
time.
Non-marital property:
Term used to describe separate
property in some states that provide for the equitable distribution of property.
Generally, non-marital property consists of property acquired prior to a
marriage and property acquired by individual gift or inheritance either before
or during a marriage.
Order:
A court’s official ruling on some matter
before it. Generally court order will be in writing and signed by the
judge.
Order for Protection:
An order issued in a domestic
abuse action where one party is ordered to refrain from contact with another
party.
Parental Consultant:
A child psychologist who works
with the parties as a consultant in an attempt to mediate issues of a case
involving children. Where necessary, they may make binding decisions relating to
parenting issues.
Parenting Time Expeditor:
A neutral person who is
asked to interpret, clarify and address issues that are not covered by a court
order or to enforce an existing parenting plan agreement and order. A parenting
plan expeditor can be used to resolve a single dispute or can stay working with
the parents over a period of time.
Party:
A person directly involved in a lawsuit;
either a plaintiff/petitioner or a defendant/respondent.
Perjury:
The act of lying under oath.
Petition:
The title given to the first document
filed in an action for divorce. The petition sets out the facts of the case and
the allegations against the other spouse and requests that the court grant the
divorce or dissolution. It also states, in very general terms, what the
petitioner is requesting in relief from the court.
Petitioner:
The person who files a divorce petition
in court and initiates the divorce action. In some cases both parties can choose
to become Co-petitioners.
Physical Custody:
The determination of where the
child will spend most of his or her time. Also said to have the care, custody
and control of the daily activities of the child. Physical custody considers the
routine daily care and control, and residence of the child.
Plaintiff:
The person who initiates a lawsuit by
filing a complaint with the court. The plaintiff is also called the
Petitioner.
Pleading:
Any formal written document filed with a
court which requests action by the court. Includes complaints, petitions,
answers to the complaint, responses to a petition, motions, etc.
Post dissolution proceedings:
Term used to describe
differences that arise between two divorced parties after the marriage is
dissolved.
Prenuptial Agreement:
A written contract entered
into by a couple who intends to marry but want to establish, before the
marriage, their rights in the event of death or divorce during marriage. Such a
document generally limits a spouse’s rights to property, support, or inheritance
upon divorce.
Primary Caretaker:
The parent who provides the
majority of the day-to-day care for a minor child.
Private judge:
General term for any neutral party
privately hired to render certain judgments at the request of both parties. See
also: Arbitrator.
Pro Se:
A party which is representing himself or
herself in the proceedings.
Pretrial Conference:
A pretrial conference is a
meeting, usually in a courthouse setting, in which the parties and their
attorneys meet for the purpose of trying to obtain a settlement. The conference
is normally moderated by a judge or referee who is handling the matter. If the
case cannot be settled and the matter gets set for trial, a pretrial order is
issued.
QDRO :
Qualified Domestic Relations Order. A
separate order often used to divide a pension or a retirement plan owned by a
spouse.
Request for the Production of Documents:
A written
request issued from one party to the other, asking that certain documents be
produced to allow them to obtain information necessary for resolving divorce
issues.
Residence:
The place where a party has established a
permanent home from which the party has no present intention of moving.
Response:
The formal document filed by a respondent
in answer to the allegations in a petition. This is also called an
answer.
Retainer:
A payment made to an attorney to secure
his or her services. The retainer is placed in a trust account and, as the
attorney works, the charges are deducted from the retainer until the money is
used up. After the money is used up the attorney would usually bill on a weekly
or monthly basis, or would ask for a new retainer.
Retainer Agreement:
A contract signed by an attorney
and a client, setting forth the billing arrangements to be instituted between
the lawyer and the client.
Retained Attorney:
An attorney who has entered into
a retainer agreement with the client and has therefore become the client’s
attorney of record
Referee:
A judicial officer, essentially used in
Ramsey and Hennepin counties, who presides in a manner of a judge, over a
specific area such as family law. Decisions by the referee are subject to
possible review by the judge.
Service of Process:
The actual act of presenting the
defendant or respondent in a lawsuit with a summons notifying him or her of the
lawsuit. Also generally includes providing the defendant or respondent with a
copy of the actual complaint or petition in the lawsuit. The service of process
is done either personally or through the mail.
Settlement:
An agreement that resolves certain
disputed issues.
Settlement Agreement:
The written version of a
settlement that resolves certain issues. It is generally a valid
contract.
Settlement Conference:
Another name for a
pre-hearing conference where the parties get together and attempt a settlement
of all issues in their case.
Sole Custody:
Also referred to as primary custody.
When one parent has the primary decision making authority or has the children
with them during most of the time. Contrasted with joint custody.
Spousal Maintenance:
Payment of support for one
spouse provided by the other spouse from the future income or earnings of the
paying spouse. In Minnesota alimony is called “spousal maintenance” rather than
“alimony” Spousal maintenance payments usually terminate upon the death of
either spouse or the remarriage of the person receiving spousal maintenance.
Payments received are usually taxable to the spouse who receives the
maintenance, and deductible by the spouse who pays.
Stipulation:
See Marital Termination
Agreement.
Subpoena:
A document which is served upon (delivered
to) a person who is not directly involved in a lawsuit, requesting that he or
she appear in court to give testimony.
Summary Dissolution:
An action for a dissolution of
marriage in which matters can be simplified through a summary process allowed by
Minnesota Statute.
Summons:
A document which is served upon (delivered
to) a person who is named as a defendant or respondent in a lawsuit. The summons
notifies the person that the lawsuit has been filed against him or her and tells
them that they have a certain time limit in which to file an answer or response
in reply. The summons accompanies the Petition and tells the other party the
following crucial facts: 1.) They have 30 days to submit an Answer to the
Petition. 2.) That neither party may harass the other party during the divorce
proceedings. 3.) That neither party may change insurance coverage during the
divorce proceedings. 4.) That neither party may sell assets while the divorce is
pending, (with certain noted exceptions). 5.) That both parties are encouraged
to pursue mediation.
Temporary Agreement:
An agreement on how to handle
temporary issues until a marriage dissolution is finalized.
Temporary Order:
An order by the court, which is
only intended to last until the divorce is finalized.
Transcript:
The written presentation of testimony
given at trial or at a deposition.
Uncontested divorce:
A divorce proceeding in which
there is no dispute as to any of the legal issues involved. The lack of dispute
may be because the other spouse is missing, refuses to participate in the
proceeding, or agrees with the other spouse on all issues.
Visitation:
The time that the non-custodial parent
spends with the child during time when one parent is said to have primary or
sole physical custody. In situations where custody language is not used, such as
a parenting plan, different terms are used to describe access to the
child.
Visitation Expeditor:
See Parenting Time
Expeditor.
Waiver:
A written document that relinquishes a
person’s rights.
Waiver of counsel:
A document signed by a party
waiving their right to have an attorney review and sign certain papers on their
behalf.
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