Family Law Key Terms

Family Law, and the legal industry in general, uses key terms unfamiliar to most people. While your attorney should be happy to clarify any questions you have, it’s good to become familiar with the key terms you’ll likely be hearing. Here’s a breakdown of some family law key terms that you should know.

The Lingo

Affidavit: A written statement of facts made under oath. This requires a witness and a signature by a notary or other official authorized to administer oaths.

Answer or Response: The formal response for a divorce, separation, or annulment petition. The response or answer contains the admission or denial of the allegations made by the Petitioner or against the Petitioner.

Contempt of Court: Any deliberate failure to comply with the legal process, including the disruption of the court.

Counter-Petition: A statement of the reasons for the breakdown of the marriage issued by the Respondent. It will be different than that of the Petitioner.

Default Order or Judgment: An order or judgment made based solely on the Petitioner’s complaint due to no response or presence of the Respondent.

Deposition: The testimony of a witness under oath outside of court and reduced to writing. It also is used to question the opposing party.

Discovery: Procedures used to gather information that pertains to the credibility of the opposing party’s case.

Ex Parte Order: An order issued regarding an urgent matter, often concerning domestic violence or child abuse and generally in an emergency situation, granted on the request of and for the benefit of one party only. Ex parte matters are usually temporary orders pending a formal hearing.

Expert Witness: A professional used to help a judge reach a decision. Experts can include appraisers, counselors, evaluators, and accountants.

And the list goes on...

Family Access Motion: A process to enforce an existing order for visitation/parenting time with a child.

Hearing: A proceeding taking place before a court with testimony and arguments.

Injunction: A court order preventing someone from doing a particular act that is likely to cause physical or mental injury or property loss of another individual.

Interrogatories: A group of questions served upon the opposing party to understand the issues in the matrimonial proceedings.

Mediation: A non-adversarial divorce procedure, where divorcing spouses are assisted in reaching a settlement by a neutral third party trained in the divorce process.

Morality Clause: A provision in divorce agreements prohibiting a parent from engaging in certain behavior in their private life. For example, cohabiting or having overnight guests of the opposite sex in the presence of children.

Motion to Modify: A written request of the court to change a previous order regarding child custody, support, alimony, or other divorce-related decisions.

Notice of Hearing: Notice regarding a preliminary, temporary, or other hearing that may involve child custody, support, or maintenance/alimony.

Order: A court’s specific ruling on a disputed issue.

Petition or Complaint: The title given to the first document filed in pursuit of a divorce.

Petitioner: Person initiating a lawsuit in family law cases. Also known as a “plaintiff.”

Pro Se: When a spouse represents themselves in court without an attorney.

Process Server: Person appointed to serve summons, subpoenas, or other processes on a party.

Protection Order: An order used by the court to protect against a situation involving alleged domestic violence, harassment, stalking, or sexual assault.

And more...

QDRO: A special court order used in divorce or legal separation to split a retirement or pension plan by recognizing joint marital ownership interests in the plan.

Request for Production: Part of the Discovery process. One attorney asks that the other side produce financial documents they feel are necessary for the case.

Respondent: Also known as “defendant.” The party who is sued and must respond to a filed petition.

Subpoena: A document delivered to a person who is not directly involved in the action filed but is needed for testimony.

Summons: A written notification to the Respondent that an action has been filed against them.

Temporary Order: Order of the court that only applies while the divorce is pending. The termination of temporary orders generally take place after the divorce.

Trial: A formal court hearing to decide the disputed issues filed in the complaint or summons.

Writ of Execution: A court order authorizing the seizure of an asset of a non-custodial parent who owes past-due child support. The order usually authorizes the seizure of assets up to the total amount of past-due child support owed under the judgment. A levy is another name for this.

Ask for Help

Going through any family law issue is stressful. Having an understanding of what is happening is key to managing your stress.

While this is just a start to all the phrases used in family law matters and divorce proceedings in New Jersey, you should feel comfortable asking your attorney if there is something you do not understand. These family law key terms are just the beginning.

If you are dealing with a family law issue – from custody to divorce – the family law attorneys at Gray Law Group can help. Give us a call.