| 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 or a Summons and Complaint. 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
allegations. |
| 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 request for 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 or Judgment by a party to the action.
Contempt of Court is punishable by fine or imprisonment,
or both. |
| 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
resolved. |
| 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. |
| 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. |
| DEPOSITION |
Also known as an "EBT". 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
law, the facts and 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. |
| EMANCIPATION |
The point at which a child comes of age. Children
are emancipated in New York upon reaching the age of 21
or upon marriage, and under certain other circumstances.
Emancipation terminates or suspends the duty to support
the child. |
| 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. |
| 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. |
| 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. |
| INJUNCTION |
A Court Order forbidding someone from doing a
particular act which is likely to cause injury or
property loss to another party (similar to a Temporary
Restraining Order or "TRO"). |
| 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. |
| JOINT PROPERTY |
Property held in the name of more than one person. |
| JUDGMENT |
The Order of the Court determining the action. |
| JURISDICTION |
The power of the Court to rule upon issues relating
to the parties; their children or their property. |
| 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 judgment of separation does not dissolve the marriage
and does not allow the parties to remarry. |
| MAINTENANCE |
Spousal support (usually deductible to the payor
spouse and taxable as income to the recipient). |
| MARITAL PROPERTY |
Property acquired by the spouses during the
marriage, subject to Equitable Distribution by the Court
in an action where the marriage is dissolved. Property
acquired by gift from third parties or inheritance, and
personal injury recoveries is not marital property. |
| 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. |
| 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 usually
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. |
| 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. |
| RELIEF |
Whatever a party to a Lawsuit asks the Court to do;
dissolve the marriage, award support, enforce a prior
court order, divide property, enjoin certain behavior,
dismiss the Complaint of the other party. |
| REPLY |
The pleading filed in response 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. |
| 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, 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. |
| TEMPORARY OR PENDENTE LITE
MOTIONS |
Applications to the Court for interim relief pending
the final judgment 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. |
| VERIFICATION |
A pleading made under oath and signed before a
notary public. |
