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grounds The legally sufficient reasons why a person is entitled to a divorce. Although many states are no-fault states, where no grounds need be asserted other than incompatibility or irreconcilable differences, other states require the plaintiff to prove grounds, such as adultery, abandonment, or mental cruelty. |
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interrogatories A series of questions that must be answered under oath, usually designed to ascertain a person's financial holdings and means of earning income. |
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joint custody Sharing of raising children despite a divorce. Joint custody can mean the children will live with one parent most of the time, but both parents will make major decisions. It can also mean the children will divide their time equally between the two parents' homes. |
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Judgment of Divorce The written document that states that a husband and wife are divorced. In some states, this may be called a decree of dissolution. Typically, lawyers draft the Judgment of Divorce for the judge to review and sign. |
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law guardian A person, usually a lawyer, selected by the judge and assigned to represent the children of the divorcing parents. |
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marital property In general, property a husband and wife acquire during the marriage. Such property may also be called joint property. In some jurisdictions, inheritances, disability awards, and gifts received from a third party (that is, not the spouse) are not considered marital or joint property, even if a spouse received them during the marriage. Other exceptions may exist as well. |
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motion A request made of a judge at a time while an action is pending or at trial. Motions can be made in writing for the court to consider, or orally, such as at trial. In matrimonial cases, motions are typically made for temporary support, temporary custody, visitation rights, or to enjoin someone from taking money or property. A motion may also be called an order to show cause. |
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noncustodial parent The parent with whom the children do not live. Such a parent may not make day-to-day decisions, but depending on the definition of legal custody, can have a great deal to say about decisions regarding the children. |
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order A ruling by a judge, made orally or in writing, directing someone to do or refrain from doing something. |
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Order of Protection An order directing one spouse to refrain from harassing the other. Violation of an Order of Protection can result in arrest and imprisonment. |
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perjury The act of lying under oath. |
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petitioner The person who first goes to court to file a request, or petition for some kind of relief. |
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