FAMILY LAW GLOSSARY
Below are the list of some terms used throughout various family law cases:
AB INITIO: Latin for "from the beginning." Some judgments entered can later be found void ab initio if not entered correctly.
ACTION: A lawsuit or proceeding in a court of law.
AFFIDAVIT: A written statement under oath. Judgments in Missouri can sometimes be entered with an affidavit or live testimony.
AGREEMENT: A verbal or written resolution of all disputed issues in a case.
ANSWER: A written response to a complaint, petition, or motion. An answer is typically required in response to all petitions.
ALIAS SUMMONS: Another summons when the original is not served on the defendant prior to expiration. A special process server can often be used to serve an alias summons versus the sheriff.
ANNULMENT: A marriage can be dissolved in a legal proceeding in which the marriage is declared void ab initio, as if it never took place. It is available only under certain limited circumstances with fraud being the most common example.
APPEAL: A legal action where the losing party requests that a higher court of appeals review the decision. Appeals have to be filed timely and trial court decisions are usually only reversed if the trial court abused their discretion or misapplied the law. Contrary to common belief, you do not get a new trial at the appellate level.
CHILD SUPPORT GUIDELINES: Each state has child support guidelines which must be followed in awarding child support. The guidelines are typically a formula. There are only a few circumstances when the court can award child support higher or lower than the guideline. Missouri uses the Form 14. Illinois looks at the net income of the non-custodial parent.
COMMON LAW MARRIAGE: A common law marriage comes about when a man and woman who are free to marry agree to live together as husband and wife without the formal ceremony. to be common law married, both spouses must have intended to be husband and wife. Only certain states recognize common law marriages. MIssouri and Illinois do not recognize common law marriage.
CONTEMPT: Failure to follow a court order or judgment. One side can request that the court determine that the other side is in contempt and punish him them. However, if the party who violated the court order or judgment was unable to comply, they will not usually be found in contempt.
CORROBORATIVE WITNESS: A person who testifies for you and backs up your story.
CUSTODY-SOLE & JOINT: This refers to the legal arrangements for whom a child will live with and how decisions about the child will be made. Custody has two parts: legal and physical. Legal custody is the decision-making part: physical custody refers to where the child lives on a regular basis. Generally, the parent the child does not live with will be allowed to have regular visits with the child. Parents can make any custodial arrangement that is in the best interest of their children. The standard for custody is "best interest of the child".
DEFAULT: A party's failure to answer a petition in a timely manner. When this happens, the other party is able to obtain a default judgment to seek the relief they have requested. Any party who has been served should immediately obtain an attorney to ensure that they are not in default.
DISCOVERY: A method for getting information from the other side or other people. Examples of discovery are interrogatories (written questions), requests for production (request for documents and evidence), requests for admissions (request to admit or deny matters) and depositions (questions which are usually in person and asked under oath).
DISSOLUTION: The legal end of a marriage.
EXPERT TESTIMONY: Opinion testimony by an expert such as a doctor, psychologist, psychiatrist, real estate appraiser, vocational expert, forensic accountant, business evaluator or other expert qualfied to give expert testimony.
FILING: Filing your legal papers with the Clerk of the Court.
GUARDIAN AD LITEM: Attorney by the court appointed to represent a minor child. Guardian ad litems are to be appointed when abuse or neglect is alleged, but in other instances as well at the discretion of the court.
JUDGMENT: A court's final decision in a matter.
JURISDICTION: The authority of the court to hear a case. This is typically based on the residency of either the parties or children in a state.
LEGALSEPARATION: When two parties enter a judgment of legal separation stipulating that they will be living apart and that orders need to be entered regarding payment of property of debts, custody of children and support. However, the parties still believe in this instance that the marriage is not irretrievably broke.
MAINTENANCE: A payment of support provided by one spouse formerly known as alimony in most states.
PENDENTE LITE (PDL): Temporary arrangements for custody, child support, child visitation, maintenance and possession of the family home, etc., until a final disposition in a divorce proceeding. Pedente Lite motions are sometimes allowed in paternity proceedings as well regarding custody and child support.
PETITION: A legal paper that starts a case.
PRO SE: Representing yourself in court without an attorney. This is never a good idea in a family law matter.
RESIDENTIAL PARENT: In joint physical custody cases, the court picks a residential parent for school and mailing purposes. This solely determines what school a child will attend and where mail will be sent. Residential parent is not be confused with sole physical custody.
SERVICE: Providing a copy of the papers being filed to the other side. Service typically takes place when the sheriff or a process server actually hands paperwork to the opposing party. In some rare instances, notice can be published.
SUBPOENA: A document issued by the court requiring someone to appear in court and/or bring documents.
UNCONTESTED DIVORCE: When the other spouse is not contesting the divorce and there are no issues for the court to decide about the children, money, or property because the parties have reached an agreement.
VENUE: The county where the case is heard. This is not to be confused with jurisdiction, which deals with the state where the case will be heard.
SUMMONS: A form issued by the court directing a party to respond to a complaint, motion, or petition.
Contact a St. Louis Family Law Attorney
Contact us online or by phone to schedule a free and confidential hour consultation at any of our four convenient locations in St. Louis County, St. Charles, Jefferson County, or St. Louis City, Missouri, and Belleville, Illinois.
Saint Louis County Office: 314-963-4700 Click to learn more about this location.
Jefferson County (Arnold) Office: 636-296-3060 Click to learn more about this location.
St. Charles Office: 636-940-5900 Click to learn more about this location.
Belleville Office: 618-310-3711 Click to learn more about this location.
Saint Louis City Office: 314-499-8340 Click to learn more about this location.
