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decision The judge's reasoning for why he or she directed something to be done or not done. Decisions usually accompany orders. Findings of fact and conclusions of law are the same as a decision. |
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defendant The person who defends the lawsuit. |
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deposition Answering questions under oath. In matrimonial matters, a deposition usually centers on a party's finances and is conducted in a lawyer's office or in the courthouse, but a judge will not be present. In some jurisdictions, the grounds for divorce may also be the subject of the deposition. A stenographer takes down everything that is said and later types it up for review by the parties and their attorneys. |
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direct examination The act of being questioned, under oath, by the attorney representing the person on whose behalf the witness is testifying. |
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discovery The act of revealing information so that both parties are fully informed of facts before trial. Discovery can pertain to finances or to one's physical or mental condition when those issues are relevant, such as when a spouse claims an inability to work due to an injury. Depending on the jurisdiction, other areas may be discoverable as well. Discovery methods include depositions, answering interrogatories, producing documents and/or undergoing a physical. |
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dissolution In many states, divorce is now called dissolution. |
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emancipation The age at which a parent is no longer responsible for a child's support. The age varies by state. In some states it may be 18; in others 21. In addition, other events, such as a child getting married, joining the armed forces or working full time, if such events occur before the emancipation age, may also be deemed emancipation events. |
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equitable distribution A system of dividing property between spouses based upon what the judge considers to be fair. The law and precedent provide the judge with the factors to consider in making that determination. |
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exclusive use and occupancy of the marital residence The right one spouse has to reside in the home in which the parties had previously lived together. Such right may be agreed upon or may be directed by a judge while an action is pending. |
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forensics The term sometimes used when a psychologist, psychiatrist, social worker, or other mental health professional is appointed to interview the parents and their children and make a recommendation to the Court as to who would be the better custodial parent. The mental health expert may also interview child caretakers, grandparents, teachers, and anyone else who has frequent contact with the children. |
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garnishment A mechanism whereby support is sent by the paying spouse's employer directly to the recipient spouse and is deducted from the paying spouse's paycheck. |
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