|
FAMILY LAW DEFINITIONS
When you are
considering a separation or dissolution, you hear a lot of confusing
words you may not be familiar with. Below are some shorthand definitions
for your use, not meant to be the final word on the law.
Affidavit:
Written testimony under oath - usually sworn to in front of a
notary.
Alimony:
See Maintenance.
Alternative
Dispute Resolution: Ways for parties to a divorce case to
resolve their disagreements without a trial; usually defined to include
negotiation, mediation and arbitration.
Annulment:
An order which nullifies a marriage, or declares that no marriage
ever existed. Also called declaration of invalidity or declaration of
nullity.
Answer:
A document used to respond to the complaint or petition. Answers
usually admit or deny specific allegations or claims in the document
being answered. Also called a response.
Appeal:
A procedure to ask a higher court to review the ruling of a lower
court.
Appearance:
Coming into court as a party to a case or voluntarily submitting to
the power of a court. Usually this is not a physical act, but a lawyer
filing a document.
Arbitration:
Submitting a disputed matter for decision to a person who is not a
judge. The decision of an arbitrator is usually binding and final.
Attorney (at
Law): An advocate or counsel employed to prepare, manage and try
cases in court. Must be licensed by the state. Lawyer and attorney are
usually synonymous.
Child
Support: Money paid by one parent to the other for the support
of their children. In Washington State there is a state schedule based
upon the comparative net incomes of the parents. The court must approve
a support agreement that does not meet the schedules. There is really
nothing to fight about here - you give your tax returns and pay stubs,
it is entered into the computer program and out comes the answer.
Common Law
Marriage: A marriage without license or ceremony recognized by
the law in the state it was created. Not recognized in Washington.
Community
Property: A form of co-ownership of property by a husband and
wife. All property acquired by the work effort from the date of the
marriage to the date of separation. (See Separate Property below).
Contempt of
Court: Failure to comply with a court order by a person who is
able to comply. It also includes conduct in court which obstructs a
court in the administration of justice.
Counter-Petition: A pleading asking for a divorce or other
relief filed in response to a Petition.
Cross-Examination: Asking questions of a witness who was put on
the stand by the other lawyer. Cross-examination is usually intended to
discredit the witness or weaken the effect of the testimony.
Custody:
In Washington there is no "custody" established by the court but a
Parenting Plan that is approved that addresses who the child lives with
and visitation by the non-custodial parent. (See Parenting Plan below)
Date of
Separation: The date you and your spouse separated with the
intent to end the marriage.
Declaration:
Written testimony under oath, not necessarily sworn to before a
notary.
Default:
Failure to do something or to do it on time.
Defendant:
The husband or wife who is sued for divorce. In some states, the
respondent.
Deposition:
Testimony under oath taken before a court reporter but not in court.
A discovery method.
Direct
Examination: Asking questions of a witness by the lawyer who
called the witness.
Discovery:
Procedures used to learn facts necessary to settle a case or prepare
it for trial.
Dissolution
of Marriage: The legal process of ending a marriage. What most
people call a divorce.
Domestic
Violence: Conduct against another member of a family which can
include beatings, threats, stalking or other forms of intimidation,
harassment, neglect, and physical, emotional, and sexual abuse. May
include any act by one member of a family that causes one of its members
physical or emotional harm.
Equitable
Division: A system of dividing property owned by parties to a
divorce.
Evidence:
Proof presented at a hearing, including testimony, documents or
objects.
Exhibits:
Tangible things presented at trial as evidence.
Ex-Parte:
Any application to a court for relief made when only one side is
present, or without formal notice.
Fees:
A lawyer's charges paid by a client for legal services rendered to
the client. Although many different fee arrangements are possible, the
following represent the most common types of fees:
1.
Hourly fee: A fee based on the time expended and an hourly
rate.
2.
Retainer: Money paid by the client to the lawyer to obtain a
commitment from the lawyer to handle the client's case. A
retainer can be a deposit against which the lawyer charges fees
as they are earned. It can also be a non-refundable engagement
fee. This is a fee that is sometimes charged by a lawyer for the
agreement to take your case and to commit to being available for
your case. Normally, an engagement fee is in addition to charges
on an hourly rate basis. Your written fee agreement should
specify whether a retainer fee is refundable, and if so, in what
amount and under what circumstances.
3.
Contingency Fee: A percentage of the recovery. Contingent
fees are generally forbidden in divorce cases, but, in some
states, are permitted in a proceeding to enforce the judgment.
4.
Bonus Fee: A fee based upon factors in addition to the
hourly fee. Also called a premium or final fee.
5. Flat
Fee: A fee in a fixed amount for handling an entire case or
a certain part of it.
6.
Minimum Fee: A fee which sets a floor on charges for
services.
File:
To place a document in the official custody of some public official.
Also used to mean start a case.
Garnish:
To take money from wages or from an account to satisfy an unpaid
court order for the payment of money.
Grounds:
Washington is a no-fault state, meaning you do not need to show grounds
to get a dissolution. Either party can end the marriage by saying that
it is irretrievably broken.
Guardian-ad-Litem:
A person appointed by a judge to prosecute or defend a case for a
person legally unable to do so, such as a minor child.
Hearing:
Any proceeding before a judicial officer.
Injunction:
A court order which requires a party to do some act or prohibits a
party from doing some act.
Interrogatories: Written questions served on the other party who
is required to serve sworn written answers within a specified time. A
type of discovery.
Joint
Custody: Any arrangement which gives both parents legal
responsibility for the care of a child. In some states, also means
shared rights to the child’s companionship.
Judgment:
The decision of a court. A type of order. Also called a decree.
Jurisdiction:
The power of a court to decide a particular matter.
Legal
Separation: A court order arranging the terms under which the
parties will live apart after separating. While signifying the
separation of the parties, it does not formally dissolve the marriage or
permit the parties legally to marry other persons.
Lien:
A legal claim or charge on property for the payment of some debt,
obligation, or duty.
Litigation:
All of the proceedings that take place in the course of a lawsuit.
Maintenance:
Payments made to support a current or former spouse. Also called
maintenance or spousal support.
Marriage:
a civil contract between a man and woman.
Mediation:
A dispute resolution process in which a disinterested third party,
the mediator, assists the parties in reaching an agreement.
Motion:
An application to the court for an order. May be written or oral.
Modification:
A change in the judgment, based on a change of circumstances.
No-Fault
Divorce: A divorce granted without proving that one party is
guilty of misconduct.
Order:
A ruling by the court.
Parenting
Plan: In Washington state you develop and file a Parenting Plan.
This spells out in detail the residential schedule of the children, who
makes decisions on major issues (health, education, religious
upbringing, etc.), and how disputes are to be resolved in the future.
This replaces the old concept of custody and visitation.
Perjury
: The crime of lying under oath. It includes lying during a trial,
at a deposition, or in a written affidavit. It can be punishable by
imprisonment.
Petition:
the initial papers you file to get a dissolution (divorce)
Petitioner
(Plaintiff): The party who filed the Petition (Complaint).
Pleading:
A document filed with the court which asks for something or responds
to a pleading filed by the other party.
Privilege:
A client's right to refuse to disclose confidential communications
between the client and certain persons in a professional relationship
with the client, such as lawyers, doctors, psychotherapists, and
priests.
Pro Se:
A party who is representing him or herself in a lawsuit.
Property
Settlement Agreement: The written agreement made between the
parties settling the issues in a divorce.
Request for
Production: A written request by one party to the other asking
the other party to turn over tangible objects, usually documents.
Respondent
(Defendant): The party defending against a divorce Petition
(Complaint).
Response:
See Answer.
Restraining
Order: See Injunction
Retainer:
See Fees.
Retaining
Lien: A lien that permits an attorney to hold any of your
property, papers and records in the attorney's possession until fees are
paid.
Separate
Property: Property you had before you got married or which you
inherited or received as a gift during the marriage and before you
separate. (See Community Property above)
Service:
The delivery of official papers by a means prescribed by law.
Settlement:
The resolution of disputed issues by agreement between the parties.
Spousal
Maintenance: (Alimony) Either spouse may be entitle to spousal
support. The purpose of spousal maintenance is to rehabilitate the
supported spouse while they are retrained to enter the work force and
become self supporting. Factors include length of marriage, age and
education of people. A thirty year marriage where one spouse never
worked is a different case for a three year marriage where both worked.
Stipulation:
An agreement between the parties or their lawyers about issues in
the lawsuit.
Subpoena:
A document served on a party or a witness commanding appearance at a
certain time and place. A Subpoena Duces Tecum is a command to produce
documents, papers, or other things listed in the subpoena.
Summons:
The written notification of the lawsuit that is served upon the
Defendant. Also called a Citation.
Temporary
Orders: Orders granting relief between the filing of
the lawsuit and the judgment. Automatic in some states. Also called
Pendente Lite Orders.
Trial:
The final hearing in court to decide the issues in the case.
Uncontested
Divorce: A divorce in which there is no dispute as to how any of
the issues will be resolved.
Visitation:
See Parenting Plan above. The right of a parent who does not
have primary custody of the child to spend time with the child.
The free
information contained in these pages is not intended
to be legal advice, and does not create an attorney-client relationship. You
should always consult with an
experienced family law attorney before taking any action. Feel free
to contact an attorney at MOGREN, GLESSNER & ROTI, P.S. at 425-255-4542 to
schedule an appointment and discuss these issues with you.
Site Map
MOGREN, GLESSNER & ROTI, Renton, Washington, 98057
Phone: (425) 255-4542
Our law firm is conveniently located in Renton, King County, WA, just off the freeway at the intersection of I-405 and I-167, easily accessible from Seattle and Bellevue Washington. Our
three family law and divorce attorneys represent clients in the greater Seattle area and throughout the State of Washington, including the communities of Renton, Kent, Tukwila, Seattle, Bellevue, Mercer Island, Issaquah,
Cascade, Newcastle, Normandy Park, Auburn, Maple Valley, Black Diamond, Skyway, Federal Way, Des Moines,
Kent Meridian, Lake Youngs, Burien, SeaTac, Factoria, Covington, Medina, Fox
Island, Gig Harbor, North Bend, Snoqualmie, Sammamish, Seahurst, Enumclaw and most of south King County. Call 425-255-4542 for a free telephone consultation with an
experienced family law and divorce attorney / lawyer. Our attorneys represent both men and women in divorce
and the drafting of simple wills,
and are members of the Christian Legal Society. Our lawyers offer affordable rates
(reasonably priced) for uncontested divorce.
The free information and help contained in these
pages is not intended to be legal advice, and does not create an
attorney-client relationship. You should always consult with a lawyer before
taking any legal action. Feel free to call us at 425-255-4542 for a free
telephone consultation with a family law lawyer for help regarding your
marriage, divorce (contested or uncontested), custody, property division,
child support and maintenance, adoption, will, estate plan or
probate. We offer inexpensive (cheap) discount package deals and for our wills,
simple will and estate
planning documents. We offer a Christian perspective in our practice, yet
are aggressive in protecting your rights. Our attorneys are licensed to practice only in the State of Washington,
and are easily accessible to the greater Seattle area.
Serving both male and female clients in the Seattle, King County, WA area, including the communities of Kent, Renton, Tukwila, Southcenter, Seattle, Auburn, Bellevue, Mercer Island, Federal Way, Maple Valley, Des Moines, SeaTac, Burien, Fairwood,
Cascade, Covington, Newcastle, Normandy Park, Issaquah, Factoria, Black Diamond, Algona, Covington, Fall City, Hobart, Medina, North Bend, Pacific,
Buckley, Highline, Wilkeson, Newport Hills, Clyde Hill, Fox Island, Gig
Harbor, White Center, Boulevard Park, Rainier Beach, Rainier Valley, Redondo, Covington, Kent Kangley,
Cougar Mountain, Preston, Ravensdale, Kanaskat, Palmer, Cumberland, Redondo,
Midway, Georgetown, Riverton Heights, McMicken Heights, Kennydale, Medina,
Overlake, Boeing, Microsoft, Paccar, Kenworth, East Renton Highlands, Preston, Kent East Hill, Lake Meridian,
Green River, Star Lake, Lake Sawyer, Duwamish, Seward Park, Columbia City, Georgetown, Holly Park, Sodo, Sammamish, Seahurst, Snoqualmie,
Soos Creek, Emerald Downs, Muckleshoot, Twin Lakes, Skyway,
Bellevue, Enumclaw and most of south King County, WA. This includes zip
codes of 98055, 98056, 98057, 98058, 98059, 98030, 98031, 98032 98042,
98040, 98045, 98168, and 98188, and area codes of 206, 253, and 425,
. We represent clients
from Boeing, Microsoft, Starbucks, Costco, Weyerhaeuser, Valley Medical
Center, various hospitals and insurance companies, T-Mobile, and many other employers. We serve clients of all
nationalities and ethnicities, including African American, Native American,
Asian, Hispanic, Latino, Caucasian, black, Indian, Korean, Japanese,
Russian, Ethiopian, Italian, Vietnamese, Pacific Islander, Philippine, Irish, English, French, German, and Chinese.
We receive clients of all faiths and religions, including Christian, Islam,
Hindu, Buddhist, Judaism, Baha'i, New Age, Scientology, Mormon, LDS Catholic, Protestant,
Presbyterian, Baptist, Methodist, Pentecostal, Charismatic, Foursquare,
Evangelical, Assembly of God, Jehovah Witness, Episcopal, Foursquare,
Lutheran, Bible, Pentecostal, Orthodox, Adventist, Unitarian, atheist, secularist, and agnostic. We also represent clients who are
members of labor unions (Teamsters, AFL-CIO, Teachers Union, NEA), unemployed or stay-at-home parents,
members of service organizations (Kiwanis, Lions, Masons, Rotary,
AARP, etc), Democrat and Republican, veterans and military personnel. Please call to talk to an affordable
(inexpensive) Washington state family law attorney / lawyer for help about your divorce (contested or uncontested),
complex property division, simple wills, probate or other legal issue.
Site Map
MOGREN, GLESSNER & ROTI, Renton, Washington, 98057
Phone: (425) 255-4542
|
