Any testimony, document, or demonstrative
material officially considered by the court, i.e., allowed into evidence, generally in compliance
with the rules of evidence.
Admissions; Requests for Admissions.
One party to a case can require the other party to admit or deny in writing and under oath various assertions.
Adultery.
Sexual intercourse between a married person and a third party. One
of seven fault grounds for divorce is Massachusetts, but rarely used.
Affidavit.
A written statement, voluntarily signed under oath, usually in
support of a motion.
Affidavit Disclosing Care or Custody Proceeding.
An official form courts
require to be filed by the plaintiff in all divorces involving minor children of the marriage.
Agreement.
See Separation Agreement
Alienation of Affection.
Any intentional, malicious interference with a marital
relationship, but not recognized by the Massachusetts courts.
Alimony.
Spousal support sometimes paid by agreement of the parties or by
court order. The payments are usually periodic payments, but sometimes in a lump. In the
absence of a separation agreement, courts must consider the same statutory factors as required in
property divisions (See Equitable Division of Property).
Annulment.
The court's judgment that a so-called "marriage" was never
legally valid or invalid after the marriage.
Answer to Complaint and Counterclaim.
A responsive pleading that answers
allegations made in the complaint. A counterclaim sets forth the defendant's allegations against
the plaintiff, as if the defendant were asking for a divorce in the first instance. The defendant is
sometimes called the "plaintiff-in-counterclaim" since he or she makes his or her initial claim in
this pleading.
Antenuptial Agreement.
See Prenuptial Agreement
Appeal.
Review of a trial court's decision and judgment by a higher court.
The appeals court can review the trial court's "findings of fact" and "conclusions of law." See
Decision and Judgment.
Appear; Appearance; File an Appearance.
A court filing registering the
name of your lawyer, or, if you represent yourself, your name as "pro se."
Arbitration.
A legally binding, non-judicial procedure held before a neutral
third party, the "arbitrator," who acts as private judge; not available for Massachusetts divorces.
Arrearages.
The deficiency between the amount, if any, paid and the amount
required under court order. If payments are made voluntarily on a de facto basis, i.e., not under
court order, any reduction in the amount of such payments is not considered an arrearage.
Assented to Motion.
A motion agreed to in writing by the other party. An
"unopposed" motion is simply not opposed by the other party, but not agreed to in
writing.
Assignment of Property.
Same as equitable division of
property.
Attachment; Motion for Attachment.
A lien on personal or real property
created by court order (formerly known as a writ of attachment) in response to a motion for
attachment.
Attorney for the Child(ren).
A court-appointed attorney who represents the
stated wishes of the child(ren). Unlike a guardian ad litem who acts in the child's best interest
by substituting her own judgment for the child's, the attorney for the child(ren) must advocate
those causes espoused by the child(ren) and generally not substitute his or her own
judgment.
The inability of a person to pay bills as they become
due. Also, a person's legal status in federal bankruptcy court. Alimony and child support are
generally not affected, but property divisions, including the marital home may be
affected.
BBO.
See Board of Bar Overseers
Bench Trial.
A judicial hearing before a judge without a jury. In
Massachusetts, all divorce trials are bench trials.
"Best interest" of the child.
The legal standard or doctrine for making
child-related decisions.
Board of Bar Overseers.
A regulatory board appointed by the Supreme
Judicial Court and charged with regulating the legal profession in Massachusetts.
Bomber.
A old term to describe an unethical divorce lawyer who sleeps with
his clients.
Brief.
A document written in support of a motion.
Burden of Proof.
The party asserting a claim must prove such claim is true--in
civil cases the party must prove the claim by a preponderance of evidence. In criminal cases,
proof must be beyond a reasonable doubt.
Ethical rules established by the Supreme Judicial
that regulate the behavior of lawyers. Violations can lead to warnings, fines, suspensions, and
even license revocation.
Capias.
A civil arrest warrant ordering the sheriff or other officer to take a
person into custody and deliver him or her to court. This procedure is used when a party refuses
to appear in court.
Cause of Action; Claim.
A lawsuit. To bring an action (lawsuit). Certain
wrongful acts are actionable offenses, meaning that such acts are the grounds for a lawsuit, i.e.
they create a cause of action.
Chalk.
A chart or mock-up submitted to the court to demonstrate a point, but
not formally introduced as evidence.
Change of Venue.
See Venue; Change of Venue
Child Abduction.
See Parental Kidnapping
Child Custody.
See Custody--Legal and Custody--Physical
Child Support.
Court-ordered or voluntary payments from the non-custodial
parent to the custodial parent, not tax deductible by the paying parent, nor includeable in the
recipient parent's taxable income.
Child Support Guidelines.
State guidelines requiring the non-custodial
parent, under normal circumstances, to pay child support based on a percentage of gross income.
The guidelines in Massachusetts are among the highest in the country.
Child Support Worksheet.
A court form to calculate the child support
guidelines that is required in all cases involving children.
COBRA (Consolidated Omnibus Budget Reconciliation Act).
Federal
legislation that guarantees all persons covered by medical insurance, the right, for a monthly fee,
to continue coverage even if employment or marital status changes.
Cohabitation.
Unmarried persons living together as if married.
COLA.
Cost of living adjustment.
Commencement of Action.
The official beginning of your case, defined as the
time of filing your complaint for divorce.
Common Law.
A body of law, sometimes referred to as "case law," developed
by judges over many years which establishes how courts interpret statutes and handle matters not
specifically covered by statutes.
Common Law Marriage.
A judicially-recognized marriage (but not
recognized in Massachusetts) generally based on cohabitation.
Community Property.
A system of property division (not used in
Massachusetts) which divides equally all property -- no matter in whose name it is held --
acquired during the term of the marriage, excluding inheritances and gifts in some
jurisdictions.
Complaint for Divorce.
A complaint for divorce initiates the divorce
proceeding by identifying the parties; stating the grounds for divorce; stating all claims against
the defendant; and requesting the court to grant a divorce, grant custody, divide property, and
order support. All complaints must be filed with the Probate and Family Court with a $111 fee
($110 for filing fees and $1 for the summons) and served along with a summons.
Conflict of Interest (Rules).
Lawyers are prohibited from entering certain
relationships in which the lawyer, by virtue of his profession, received or appeared to receive
confidential information about the opposing party. No lawyer can ever represent both sides in a
divorce, even if uncontested.
Consolidation.
The joining of two related cases.
Constable.
A private individual who is legally empowered to serve
process.
Constructive Service of Process.
The service of process through alternative
means such as publication in a newspaper when the defendant resides out of state or whose
whereabouts are unknown.
Contempt of Court, Complaint for.
Legal action brought when the plaintiff
alleges a willful failure to obey a court order or judgment.
Contested and Uncontested Divorce.
In contested divorces, the parties are
adversarial, they cannot agree on the terms of divorce, such as alimony, custody, visitation, child
support, and division of assets. In uncontested divorces, the parties agree to all matters, and
present an executed separation agreement to the court for approval.
Whether a divorce is contested or uncontested should not be confused with whether the divorce is
fault or no-fault. The following illustrates the difference:
Contested
Fault - grounds and property and/or support are in dispute; trial necessary if not settled
No-Fault - property and/or support in dispute; if no agreement is reached, the case goes to trial
Uncontested
Fault - unusual since uncontested divorces avoid conflict; insistiing on fault destroys the cooperative nature of uncontested matters
No-Fault - signed agreement presented to the court for its approval
Contingency Fee.
In divorce cases, an unethical type of fee agreement
providing the lawyer with a percentage of your settlement or judgment.
Co-respondent.
A third-party co-defendant in a divorce action accused of
committing adultery with the defendant.
Counsel Fees Pendente Lite, Motion for.
"Pendente Lite" means during the
litigation. Generally, a motion is filed by the wife requesting sufficient funds from the husband,
or from the marital estate, to prosecute or defend the divorce action.
Counterclaim.
See Answer and Counterclaim
Court.
The term "court" has three meanings:
a physical place, e.g., courtroom, courthouse
a quasi-political entity, e.g., the Probate and Family Court
the actual judge or justice acting in his or her official capacity
Court of Appeals.
The appellate court for divorce matters whose decisions are
reviewable by the Supreme Judicial Court.
Court Docket.
The formal court record of all pleadings, orders, and judgments
entered into a docket book available for public inspection.
Court Order.
A written instruction from the court carrying the weight of law,
i.e., the knowing violation of which constitutes contempt of court.
Courts of Equity.
See Equity; Courts of Equity
Coverture.
The period of time during which a women is married.
Cross-examination.
Following the direct examination of a witness by a
lawyer, cross examination is the follow-up questioning by the opposing lawyer.
Cruel and Abusive Treatment.
Ground for divorce in a fault divorce, wherein
the plaintiff must prove physical or emotional harm to her or himself.
Curtesy.
See Dower
Custodial Parent.
Usually refers to the parent with whom the child(ren)
reside(s), i.e., the parent with sole or primary physical custody.
Custody--Legal.
A legal status or "custodianship" vesting authority to approve all major decisions affecting a minor child. Chapter 208, Sec. 29 defines legal custody as follows:
"Sole Legal Custody," one parent shall have the right and responsibility to make
make decisions regarding the child's welfare including matters of education, medical care
and emotional, moral and religious development.
"Shared Legal Custody," continued mutual responsibility and involvement by
both parents in major decisions regarding the child's welfare including matters of
education, medical care, emotional, moral and religious development.
Sometimes separation agreements use terms such as joint legal custody, meaning shared
legal custody.
Custody--Physical.
Relates to the physical location of the child. Chapter 208,
Sec. 29 defines physical custody as follows:
"Sole physical custody," a child shall reside with and be under the supervision of
one parent, subject to reasonable visitation by the other parent, unless the court
determines that such visitation would not be in the best interest of the child.
"Shared physical custody," a child shall have periods of residing with and being
under the supervision of each parent; provided, however, that physical custody shall be
shared by the parents in such a way as to assure a child frequent and continued contact
with both parents.
Such terms as "sole," "primary," "shared," and "joint" are used to describe various
parenting and visitation plans.
A decision is a judge's "finding of facts" and
"conclusions of law." The decision forms the factual and legal basis of the court's
judgment.
Decree Absolute.
See Judgment Absolute and Final Judgment
Decree Nisi.
See Judgment Nisi
de facto.
Latin meaning "in fact." Acting in a certain manner, usually as if
complying with what a court might order, without such order being in place. For instance, if one
parent is making voluntary child support payments pursuant to the guidelines, he or she is paying
de facto guideline support, even though no court has so ordered.
Department of Revenue.
The Massachusetts agency responsible for child
support enforcement.
Department of Social Services (DSS).
The Massachusetts agency responsible
for the health and welfare of children.
Deposition.
An oral examination taken under oath before a stenographer,
usually at the attorney's office who requests the deposition. Any person, whether a party to the
case or not, can be called to a deposition, provided they have relevant evidence to give. The
notice requesting the deposition may also contain a list of documents to be produced at the
deposition. See Discovery; Pretrial Discovery.
Deposition Subpoena.
A subpoena requiring the named-person to attend a
deposition.
Desertion.
One of several grounds for a fault divorce. Massachusetts requires
the plaintiff to prove several of the following factors: 1) the defendant left the marital home for
over one year; 2) the parties failed to agree to such departure; 3) the party who left failed to pay support; and 4) the reason for the departure was not caused by the plaintiff.
Discovery; Pretrial Discovery.
Discovery is the formal procedure for gathering
information pursuant to rules of court. The primary methods are requests for financial
statements under Supp. Rule 401, requests for production of documents, written interrogatories,
depositions, and subpoenas to third parties.
Divorce Agreement.
See Separation Agreement
Divorce Judgment Absolute.
See Judgment Absolute
Divorce Judgment Nisi.
See Judgment Nisi
Domicile.
A person's "legal" home, i.e., where the person spends most of his
time, or intends to return, if currently living elsewhere.
DOR.
See Department of Revenue
Dower.
The wife's common law right to inherit from her husband.
In divorce court, "emancipation" does not necessarily mean
"legal majority," i.e., 18 years old. Depending on the state and the educational status of the
child, emancipation may occur between ages 18 and 23.
Equitable Division of Property.
Massachusetts is an equitable distribution
state meaning that all property, whenever or however acquired, regardless of legal title, is subject
to equal or unequal division.
In Massachusetts under "Section 34" the judge must consider 15 mandatory factors before
making an equitable property division or awarding alimony:
length of the marriage
conduct of the parties during the marriage
age
health
station in life (life-style)
occupation
amount and sources of income
vocational skills
employability
estate
liabilities and needs of each of the parties
opportunity of each for future acquisition of capital assets and income
present and future needs of the children of the marriage
The court may also consider the:
contribution of each of the parties in the acquisition, preservation or appreciation in value of their respective estates
contribution of each of the parties as a homemaker to the family unit
Equity; Courts of Equity.
Equity is a body of law that concerns itself more
with fairness than with the strict, and sometimes harsh, application of common law.
Ethics; Legal Ethics.
A code of conduct, also known as the Code of
Professional Responsibility, imposed on attorneys. Violations may subject the attorney to
disciplinary proceedings and malpractice claims. See Canons of (Legal) Ethics.
Evidence.
Any testimony, document, or demonstrative material.
See Rules of Evidence.
Evidentiary Hearing.
See Trial; Hearing on the Merits; Evidentiary
Hearing
Exhibit(s).
Any evidence attached to a pleading or introduced at trial, for
example, a party's pay stub attached to a motion for temporary support.
Ex Parte: hearing, motion, order.
Ex parte means without notice to, or
attendance of, the opposing party. The motion session of the Probate and Family Court is
referred to as the "Ex Parte" Session although both parties are usually present.
Ex Parte Session.
In Massachusetts, family court motion sessions are referred
to as Ex Parte Sessions.
Expert Witness.
In divorce cases, most experts are called to testify as to the
value of the marital home, pensions, and privately-held businesses. In child-related disputes,
mental health professionals are often called to testify.
The judicial standard for approving separation
agreements.
Family Service Office; Family Service Officer.
Sometimes known as the
Probation Department, this office and its employees, also known as probation officers, assist the
court with dispute resolution.
Fault and No-fault Divorces.
In fault divorces, the complaint for divorce must state grounds for divorce. They include
cruel and abusive treatment, adultery, abandonment, and other types of misconduct.
No-fault complaints for divorce merely allege an "irretrievable breakdown" of the
marriage. The court must find that the marriage has "irretrievably broken down," leaving no
chance of reconciliation.
Fee Agreement; Retainer Agreement.
The written contract between you and
your lawyer.
See Contingency Fee Agreement and Success Fee Agreement for ethical problems with these types of Fee Agreements.
File; Filing.
Any document submitted to and officially received, i.e.,
"docketed" by, the court.
Each party must
complete, file, and serve a court-furnished financial statement printed on pink paper so it can be
easily identified and "sealed," i.e., kept out of records available for public inspection.
Find; Findings.
After considering the evidence presented, a court or jury
interprets the evidence and sets forth what it believes, i.e., finds, are the actual facts. Courts have
great latitude in weighing evidence and in believing or disbelieving witnesses. The court's
findings, along with its "conclusions of law," form the basis for the court's decision. See
Decision and Judgment.
Full Faith and Credit.
A term found in the United States Constitution (Art IV,
Sec. 1) requiring each state to honor the legal judgments of other states.
Certain improper or troublesome behavior that
constitutes a "legal reason" for the court to grant a divorce. They are:
Adultery
Cruel and abusive treatment
Utter desertion
Long-term incarceration
Gross and confirmed habits of intoxication
Non-support
Impotency
Irretrievable breakdown of the marriage (no-fault)
Guardian ad Litem ("G.A.L.").
A court-appointed individual who, for the purpose of pending litigation, puts himself or herself in the shoes of a legally incompetent person such as a minor child. He or she also investigates the m
atter and files a report with the court
Hague Convention on the Civil Aspects of International Child Abduction.
See Parental Kidnapping.
Hearing on the Merits.
See Trial; Hearing on the Merits; Evidentiary
Hearing
Hold Harmless; Hold Harmless Agreement.
The contractual assumption of
certain liabilities by a party who agrees: 1) not to look to the other party for assistance in
satisfying such liabilities, and 2) to defend ("indemnify") the other party against third party
claims, if a third party, such as a mortgage lender, sues you.
A court-appointed lawyer who investigates matters
pursuant to judicial order and reports his or her findings to the court.
Impeach; Impeachment of Testimony.
Discrediting a witness by proving
lies, inconsistencies in stories told, and untrustworthiness. The witness may be impeached
during cross-examination or by the direct testimony or evidence of another witness. See Direct
and Cross Examination.
Impoundment of Pleadings.
You can ask the court, via motion, to impound
your papers for good cause, such as certain inflammatory matters might be read by the
children.
In Camera Hearing.
A closed-door hearing in judge's chambers, usually
concerning sensitive child-related issues.
Infant.
A person who has not reached legal majority, usually 18 years of age.
Also, referred to as a "minor," or unemancipated child.
Injunction; Injunctive Relief.
A court order prohibiting certain activity. See
Temporary Order; Temporary Restraining Order
Innocent Spouse; Innocent Spouse Rule.
Section 434(c)(1) of the Internal
Revenue Code protects an "innocent spouse" from tax liability if certain conditions are
met:
A joint return was filed
The return contained a "grossly erroneous" error
The innocent spouse establishes "lack of knowledge
In light of all the "facts and circumstances" it would be "inequitable" to impose the tax on the innocent spouse
Tax counsel should be consulted.
Interlocutory Hearing.
Any court hearing at which a pretrial order or ruling
is requested.
Interrogatories.
Interrogatories consist of written questions propounded to a
person (who must be a party to the case). Answers must be in writing and made under
oath pursuant to rules of court. See Discovery; Pretrial Discovery.
"Irretrievable Breakdown.
The legal ground for no fault divorce, also
known as "1-A" divorces because they are granted under Chapter 208, Section 1A of the
Massachusetts General Laws.
When both parties ask the court to do the same thing, usually to
grant a no fault divorce.
Judgment Absolute.
The final judgment which automatically follows the
judgment nisi waiting period.
Judgment of Divorce Absolute.
The court's final judgment after expiration of
the judgment nisi period. Upon this date you are legally divorced and can remarry. Generally,
the final decree occurs automatically upon termination of the waiting period. Additional court
filings and appearances are not required.
Judgment Nisi.
The initial, temporary judgment of divorce. When courts
grant divorces, their judgments are not final until the expiration of a statutory "waiting period"
known as the nisi period. It begins when the judgment nisi enters and ends upon entry of the
"judgment absolute" on the docket.
Jurisdiction.
The court's legal authority to hear your case and issue legally
enforceable orders and judgments. The Probate and Family Court in the county where you last
lived together has jurisdiction over the divorce, unless neither party currently lives in such
county.
Massachusetts courts do not grant a legal separations, but
all separations are legal in the sense that people have the right to live apart without a court order.
See Separate Support for rights of separated parties where neither party files a complaint for
divorce.
"Mandatory Factors" (to be Considered by the Court).
The factors a court
must consider before making a final decision relating to property division and alimony. See
Equitable Distribution.
Marital Property.
In the absence of a prenuptial agreement, all property in
which either party has an interest, including property acquired before marriage, inheritances, and
property held in only one spouse's name.
Marital Tort.
See Tort; Marital Tort; Domestic Tort
Marriage Certificate.
The official certification (with raised seal) of your
marriage issued by a public entity which you need to file with the court for a divorce.
Mediation.
An informal, voluntary process allowing parties to work with a
neutral third party (the "mediator") to develop a separation agreement. An agreement developed
with a mediator is said to be a "mediated agreement."
Memorandum of Law.
A legal document filed along with pleadings or other
court papers setting forth your lawyer's legal research in support of a request to the court.
Modification, Complaint for.
The legal, post-divorce procedure to change or
modify a separation agreement, or the court's earlier decision and judgment.
Motion.
A written request asking or "moving" the court to grant a temporary
order, or rule on a legal matter.
The parties, usually with
counsel, develop a separation agreement. These agreements are not mediated; the parties,
without any neutral third-party settle their controversy through negotiation.
Nisi.
See Judgment Nisi
No-Fault Divorce.
See Fault and No-Fault Divorce
Notice; Legal Notice.
The procedure for informing a party that a legal action
or motion is pending before a court.
Payments similar to alimony made to a former co-habitator (not
recognized in Massachusetts).
Parens patrieae.
The right of the state to take charge of the care and custody of
minor children or other legal incompetents when their health or safety so requires.
Parental Kidnapping.
The act of one parent illegally taking a child.
Pendente Lite.
Latin for "during the litigation." See Counsel Fees Pendente
Lite, Motion for
Perjury.
Perjury is knowingly lying under oath.
Physical Custody.
See Custody--Physical
Pleadings.
Includes the complaint (or petition), answer, and
counterclaim.
Postnuptial Agreement.
Same as prenuptial agreement, but entered during the
term of the marriage, often revising a prenuptial agreement.
Prejudice; With and Without Prejudice.
The concept that what happens in
court or by stipulation of the parties will affect future proceedings. Generally, temporary orders
are said to be without prejudice, which means that the parties have a right to a trial on all
matters, including those decided by temporary orders. In contrast, with prejudice means that
even at trial the earlier order determines the outcome. If your complaint for divorce is
dismissed without prejudice, you may file again. If it is dismissed with prejudice, you may not
refile.
Preliminary Hearing.
Any court proceeding that occurs prior to trial.
Premarital Assets.
Assets acquired before marriage. These assets are part of
the marital estate in Massachusetts, and are excluded from, and constitute separate property in,
community property and some equitable distribution states.
Prenuptial Agreement.
A written, premarital contract dealing with death and
divorce, setting forth the rights and responsibilities of the parties upon occurrence of these
events. The agreement must be "fair and reasonable" at the time it is signed and also at the time
a party seeks to enforce it.
Pretrial Conference.
A court-mandated meeting of all parties and counsel with
the trial judge.
Pretrial Memorandum.
See Trial, Pretrial Memorandum
Pretrial Order.
See Temporary Order; Temporary Restraining Order
(TRO)
Primary Physical Custody.
See Custody--Physical
Privilege.
Refers to evidence based on private communications made within
legally recognized "confidential relationships," such as husband-wife, attorney-client, patient-
psychiatrist, and priest-penitent. It also includes the privilege against "self incrimination" which
can be asserted by a party accused of adultery since adultery is still a criminal offense in
Massachusetts.
Probate and Family Court.
The Massachusetts trial court with jurisdiction
over divorce.
Probation Officer; Probation Department.
See Family Service
Office.
Production of Documents.
Under a rule of court the plaintiff or defendant is
allowed to demand documentary evidence to be produced by the other party. See Discovery;
Pretrial Discovery
Pro Se; Pro Se Appearance.
When a party handles his or her own case, i.e.,
represents himself or herself, she is said to appear "pro se."
Proposed Findings and Rulings; Proposed Orders, Proposed Judgment.
A
document prepared by you or your lawyer and submitted to the court setting forth your best case
scenario, i.e., how you want the judge to find the facts and make "conclusions of law" to decide
the case.
If the defendant is accused of adultery, "recrimination" is the
counterclaim when the plaintiff is accused of adultery, too.
Register of Probate and Family Court.
An elected official charged with the
administration of the Probate and Family Court. The Assistant Registers, who are usually
lawyers, act as court clerks.
Rehabilitative Alimony.
Short-term spousal support designed to help the
recipient "get started" with her new life. See Alimony.
Removal (of a minor child).
The legal proceeding brought by the custodial
parent's complaint to remove (move) the minor child(ren) from Massachusetts.
Request for Admissions.
See Admissions
Request for Production of Documents.
See Production of
Documents
Restraining Order.
A temporary court order prohibiting a party from certain
activities. Issued in response to a motion, restraining orders often are issued to protect marital
assets and to protect against domestic violence. In many states, violating a "domestic restraining
order" is a criminal offense.
Retainer Agreement.
See Fee Agreement
Rules of Domestic Relations Procedure.
The rules that govern court
procedure or steps you must follow in a court case.
Rules of Evidence.
The statutory rules governing testimony, documents, and
demonstrative materials.
Under the Rules of Domestic Relations Procedure, courts may
penalize or sanction a party or counsel for improper behavior, such as making frivolous claims
withholding evidence.
Secretion of Assets.
The hiding of assets
Self Incrimination; the right against.
The right of the accused not to admit
criminal wrongdoing, usually adultery in divorce-related cases.
Separate Property.
Property not considered part of the marital estate, usually
in community property states, including property owned prior to the marriage and may include
inheritance or gifts received during marriage. In Massachusetts, all property is marital
property.
Separate Support.
A legal procedure brought by complaint for separate
support, that allows the plaintiff to seek court orders without filing a complaint for divorce.
Often used by people who have religious objections to divorce.
Separation.
See Legal Separation
Separation Agreement.
A legally enforceable, spousal contract settling all
matters.
Service; Service of Process.
The legal process of informing, i.e., "giving
notice," that a complaint or motion is pending.
Settlement Agreement.
See Separation Agreement
Shared Legal Custody.
See Custody
Sole Legal Custody.
See Custody
Sole Physical Custody.
See Custody
Special Master.
A court-appointed individual, usually an attorney, who assists
the court as a private judge during certain aspects of the case, e.g., discovery.
Stipulation; Stipulated Agreement.
A written agreement intended to be
entered as a court order upon assented to motion of the parties.
Strike; Motion to Strike.
Upon motion of a party, a court may remove certain
pleadings and evidence from the docket upon finding such material totally irrelevant, scandalous,
or without proper notice.
Subpoena; Subpoena Duces Tecum.
An order, usually of a notary public,
issued to a party or non-party to a case, to attend a legal proceeding such as a trial or deposition.
If documents also are requested, the subpoena is called a subpoena duces tecum, Latin for "bring
with you." See also Discovery; Pretrial Discovery.
Success Fee.
Legal fees added to hourly billings if, in the lawyer's opinion, he
or she deserves a bonus based on his performance. Protest any such billing.
Summons.
The court's official notice to the defendant that he or she must
respond to the attached complaint. The fee is $1 for an official blank summons.
Temporary Order, Temporary Restraining Order (TRO).
A pretrial order
compelling a party to do something, or prohibiting him from certain activities.
Temporary Support.
A temporary order of support issued while a case is
pending.
Tenancy by the Entirety.
The manner in which jointly owned real estate is
usually held by married couples. The surviving spouse, if the parties were married at time of
death, becomes the sole owner automatically, regardless of any contradictory terms in the
decedent's will.
Testimony.
Any statement made under oath.
Tort; Marital Tort; Domestic Tort.
A tort is any wrongful act which creates
legal liability against the defendant or "tortfeaser." However, Massachusetts does not domestic
torts.
Trial; Hearing on the Merits; Evidentiary Hearing.
A formal proceeding
before a judge who hears testimony under the rules of evidence and makes a final decision or
judgment relating to the matters presented. All such decisions are with prejudice, since they are
final adjudications of the matters presented.
Trial Memoranda; Pretrial Memoranda.
A "sales" document filed with the
court, setting forth each party's theory of the case, what they want, and why they should get
it.
Trustee Process.
A court order to a third party, such as a banker, freezing an
account or property.
A request to the court made by motion
asking that one party, usually the husband, be forced to vacate the marital home.
Venue; Change of Venue.
The location of the court, in contrast to jurisdiction,
which determines whether a court has legal authority to hear a case. Venue is where a court, with
proper jurisdiction, will hear the case. When a case is transferred to a new location within the
same jurisdiction (county or state), the transfer is called a change of venue.
Visitation, Grandparent.
Grandparents have visitation rights in all 50
states.
Visitation; Supervised Visitation.
Pursuant to stipulation, agreement, or court
order, visits of unemancipated children with their non-custodial parent. Visits are supervised by
a responsible adult when the non-custodial parent is accused of child abuse or neglect.
A court order to a third party, usually an employer,
requiring the employee's wages to be attached (automatically deducted from a paycheck) and
assigned (paid) to another party, usually the wife.
