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ACTION – The legal term for a Lawsuit.
AFFIDAVIT – A written statement of facts made
under oath and signed before a notary public.
AFFIRMATION – A written statement of facts
made by an attorney under penalty of perjury and signed by him/her.
AFFIRMATIVE DEFENSE – Legal defenses in response
to a spouse's pleading, even if the allegations of the Complaint were true.
AGREEMENT – A transcribed or written resolution
of the disputed issues.
ALLEGATION – Statement of facts contained in a Pleading
or Affidavit setting forth what the pleader intends to prove.
APPEAL – The process whereby a higher Court reviews the proceedings resulting
in an Order or Judgment of a lower Court and determines whether there was reversible
error. An Appeal is "taken" by serving and filing a Notice of Appeal
within 30 days after service of the Order or Judgment to be appealed. An Appeal
is "perfected" when all of the required papers are filed with the Appellate
Court.
APPEARANCE – The formal submission by a Defendant
to the jurisdiction of the Court after having been served with a Summons. Appearance
also refers to the physical presence of a party at Court.
ANSWER – The Second Pleading in an action for
divorce, separation or annulment, which is served in response to the Complaint
and which admits or denies its allegation.
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CHANGE OF VENUE – A change of the place where
the case is to be tried.
CHILD SUPPORT – Support for a child (not taxable
to the recipient or deductible to the payor spouse).
CLAIM – A charge by one spouse against the other.
COMPLAINT – The First Pleading in action for divorce,
separation, or annulment, setting forth the allegations upon which the requested
relief is based.
CONDONATION – The adultery of a spouse is not grounds
for divorce if the complaining party forgives it, for example continuing to cohabit
with the offender.
CONTEMPT OF COURT – The willful and intentional
failure to comply with a Court Order, Judgment, or Decree by a party to the action.
Contempt of Court is punishable by fine or imprisonment.
CONTESTED CASE – Any case where the Court must decide
one or more issues that are not agreed to by the parties. Cases are considered
contested until all issues have been agreed to.
CROSS-EXAMINATION – The questioning of a witness presented
by the opposing party on trial or at a deposition, to test the truth of that
testimony or to develop it further.
DECREE – The Final Ruling of the judge on an action
for divorce, legal separation, or annulment. Same as Judgment.
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DEFAULT ORDER OR DEFAULT JUDGMENT – An Order or Judgment
granted by the Court without the other side's being heard because they failed
to plead or submit papers within the time allowed or failed to appear at the
hearing.
DEFENDANT – The one who defends the Lawsuit
brought by another. Same as Respondent.
DEPOSITION – The testimony of a witness taken
out of Court under oath and reduced to writing. Depositions are taken for the
purpose of discovering the facts upon which a party's claim is based; obtaining
financial information or discovering the substance of a witness's testimony prior
to trial. The deposition may be used to discredit a witness if he changes his
testimony. Depositions are used to preserve the testimony of a witness who will
be unable to appear at trial.
DIRECT EXAMINATION – The initial questioning
of a witness by the attorney who called him to the stand.
DISCLOSURE – Procedures followed by attorneys
in order to determine the nature, scope, and credibility of the opposing party's
claim and his/her financial status. Disclosure devices include depositions, written
interrogatories, and notices to produce various documentation relating to issues
which are decided in the case. Psychological examinations, blood tests, and court
social-service investigations are also part of disclosure.
DISCRETION OF THE COURT – The area of choice available
to a judge to make a legally acceptable decision on his interpretation of the
evidence.
DISTRIBUTIVE AWARD – A lump sum, tax-free payment
ordered by the Court in lieu of or to supplemental or facilitate a property distribution.
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EMANCIPATION – The point at which a child comes of
age. Children are emancipated in Florida upon reaching the age of 21 or upon
marriage, leaving the custodial residence, or entering the armed services. Emancipation
terminates the duty to support.
EQUITABLE DISTRIBUTION OF PROPERTY – A system of distributing
property acquired by spouses during their marriage in connection with a divorce
or dissolution proceeding. The division is based on a variety of equitable factors,
including length of the marriage, relative financial contribution, contribution
as a spouse and homemaker and respective need. Title to property in the name
of either spouse does not necessarily restrict the Court's right to award all
or part of that property to the other spouse as part of an Equitable Distribution.
EVIDENCE – Documents testimony or other demonstrative
material offered to the Court to prove or disprove allegations in the pleadings
or in issue.
EX PARTE – An application for Court relief without
the presence of the other party, due either to a lack of notice or choice of
the other party not to appear.
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FOUNDATION – The evidence that must be presented
before asking certain questions or offering documentary evidence on trial.
GROUNDS FOR DIVORCE – The legal circumstances which must be proved before
a divorce can be granted, also called a "Cause of Action."
HEARING – Any proceeding before the Court where
testimony is taken for the purpose of resolving disputed issues.
HOLD-HARMLESS – When one spouse assumes liability
for a debt or obligation and promises to protect the other from any loss or expense
in connection therewith.
HOSTILE WITNESS – A witness who demonstrates so much
prejudice during direct examination that the party who has called him is allowed
to cross-examine. The greater flexibility of cross-examination enables the questioner
to ask leading questions and to attack the credibility of the witness.
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IAS – The Individual Assignment System. Soon after an action is started,
the attorney(s) are required to file a Request for Judicial Intervention ("RJI")
with the Clerk of the Court. The case is then assigned, by computer, to an individual
judge who will handle every aspect of the case to its conclusion.
IMPEACHMENT – The act of proving either by
prior inconsistent statement or other conflicting evidence that a witness is
lying.
INDEMNIFICATION – To promise to reimburse another
person in case of an anticipated loss; the same as Hold-Harmless.
INJUNCTION – A Court Order forbidding someone from
doing a particular act which is likely to cause injury or property loss to another
party (same as a Restraining Order).
INTERROGATORIES – A series of written questions
served upon the opposing party in order to discover certain facts regarding the
disputed issues in a matrimonial proceeding. The answers to Interrogatories must
be under oath and served within a prescribed period of time.
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JOINT PROPERTY – Property held in the name of more
than one person.
JUDGMENT – The Order of the Court determining
the action; same as Decree.
JURISDICTION – The power of the Court to rule
upon issues relating to the parties; their children or their property.
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LEGAL SEPARATION – A Judgment of the Court
or written Agreement directing or authorizing the spouses to live separate and
apart. Actions for legal separation provide for maintenance, child custody, and
support, but do not provide for Equitable Distribution of marital property. A
decree of separation does not dissolve the marriage and does not allow the parties
to remarry.
LEVERAGE FACTORS – Particular considerations,
based on the priorities of the parties, which induce them to settle disputed
issues. The skillful employment of these leverage factors generally controls
the successful outcome of a settlement.
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MAINTENANCE – Spousal support (deductible to the
payor spouse and taxable as income to the recipient).
MARITAL PROPERTY – Accumulated income and property
acquired by the spouses during the marriage, subject to Equitable Distribution
by the Court. Property acquired by gift from third parties or inheritance, and
personal injury recoveries is not marital property.
MISTRIAL – A trial that is terminated prior
to its completion, due to the occurrence of some fundamental error that would
render the trial invalid. Following a mistrial, the case must be tried again
from the beginning.
MOTION – A written application to the court for some
particular relief such as temporary support, injunction, or attorney's fees,
which is made upon advance notice to the other party.
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NO-FAULT DIVORCE – A marriage-dissolution system
whereby divorce is granted without the necessity of one of the parties guilty
of marital misconduct.
NOTICE OF MOTION – A paper which is served
upon the other attorney or spouse telling them that we are making a motion to
the court on a certain day.
OPTING OUT AGREEMENT – An Agreement made before
or during marriage providing for the rights and obligations of the spouses, maintenance,
child support, property distribution in the event of the dissolution of their
marriage.
ORDER – The Court's ruling on a Motion requiring
the parties to do certain things or setting forth their rights and responsibilities.
An Order is reduced to writing, signed by the judge and filed with the Court.
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PERSONAL JURISDICTION – The power of the Court to
order a spouse to do a particular thing such as pay maintenance or child support.
PLAINTIFF – The party who files the Lawsuit.
PLEADING – Formal written application to
the Court for relief and the written response thereto. Pleadings include complaints,
answers, counterclaims, and replies.
PRAYER – That portion of a pleading, at the
end, which specifies the relief that is requested of the Court.
PRIVILEGE – The right of a spouse to make admissions
to an attorney, clergyman, psychiatrist, his/her spouse, a doctor or certified
social worker which are not later admissible in evidence.
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REBUTTAL – The introduction or evidence at
a trial that is in response to new matter raised by the Defendant at an earlier
stage of the trial.
RELIEF – Whatever a party to a Lawsuit asks
the Court to do; dissolve the marriage, award support, enforce a prior court
order or decree, divide property, enjoin certain behavior, dismiss the Complaint
of the other party.
REPLY – The pleading filed in answer to the
allegations of a Counterclaim.
RULES OF EVIDENCE – The rules that govern the
method of presentation and admissibility of oral and documentary evidence at
Court hearings or depositions.
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SETOFF – A debt or financial obligation of one spouse
which is deducted from the debt or financial obligation of the other spouse.
SETTLEMENT – The agreed resolution of disputed
issues.
SETTLEMENT AGREEMENT – The settlement reduced
to a written document.
SHOW CAUSE – (Same as Order to Show Cause) Written
application to the Court for some type of relief which is made upon such notice
to the other party as the Court directs and which may contain a restraining order,
temporary injunction, or other ex parte relief, pending the determination of
the Motion.
STATUS QUO – The existing state of things; leaving things as they are without
modification or alteration. "Things" can be anything from visitation
arrangements to property rights.
STIPULATION – An Agreement between the parties
or their counsel.
SUBPOENA – A document served upon a person
who is not a party to the action, requiring him to appear and give testimony
at a deposition or Court hearing. A Subpoena is normally accompanied by a witness
fee set by Statute, as well as a mileage fee for transportation costs to and
from the place to which the individual is subpoenaed. Failure to comply with
the Subpoena could result in punishment by the Court.
SUMMONS – A written notification to the Defendant
that an action has been commenced against him, and requiring that the Defendant
appear within a specific period of time to answer the Complaint.
SURREBUTTAL – Testimony offered by the Defendant
to counter any new matter contained in the rebuttal testimony offered by the
Plaintiff.
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TEMPORARY OR PENDENTE LITE MOTIONS – Applications
to the Court for interim relief pending the final decree of divorce, separation,
or annulment. Typical temporary motions include motions for temporary maintenance,
child support, attorneys' fees, expert fees, custody, visitation, enforcement
or modification of prior temporary orders. The Court enters a pendente lite order
after determining a motion. Motions are brought on by the service of a notice
of motion or order to show cause, with supporting affidavits.
TESTIMONY – Statements under oath by a witness in
a Court hearing or deposition.
TRIAL – A formal Court hearing to decide disputed
issues raised by the pleadings.
VACATED – When a Court order, judgment or decree is
somehow defective, it is vacated--that is, eliminated -- and either a substitute
order is entered or a new hearing is granted, which will ultimately result in
a new order, judgment or decree.
VERIFICATION – A pleading made under oath and signed
before a notary public.
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Robert S. Hannan
Attorney At Law
404 Southeast 14th Court
Fort Lauderdale, FL 33316
Telephone: 954-467-0424
Telefax: 954-467-7800
Email: info@fldivorceattorney.com
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