General Information - This overview regarding divorce is NOT intended to be a substitute for a personal legal consultation with an attorney as it pertains to your situation. This is a general outline describing the methodical process of what the court considers when determining any orders in your case. 

To learn more about the following subjects,  click on the subject matter title you are interested in.

1. Divorce - Contested vs. Un-Contested.         2. Child Custody.       3. Child Support.    4. Spousal Support.     

 5. Restraining Orders.    6. Challenging Restraining Orders (TRO).     7. Attorney Fees (who will pay)

8. Contempt Actions - Enforcing a court order.    9. Paternity Action.    10. Child Support Enforcement . (DCSS and the District Attorney office)   11. Loss of Driver's License.   12.  Custody Evaluation.   12. Wage Assignment orders    13.  General common legal terms.   14. Legal terms used in a divorce proceeding.

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 A

ABSOLUTE DIVORCE

the final ending of a marriage. Both parties are legally free to remarry.  ( This term is not used in California).

ABUSE

In some states this is a ground for divorce. Also in some states in the family court, this could be grounds of a claim for damages.  This is not the case in California.

ACCESS 

Also known as visitation, or "timeshare"  in California  In some states this meaning the right to spend time with a child.

ACCOUNTING

The system of recording and summarizing business and financial transactions, and then analyzing, verifying and reporting the results.   In California disclosure has to be made by both parties if it is a contested divorce  (divorces in California is called "Dissolution of Marriage"

ACKNOWLEDGEMENT  & RECEIPT

This is a document which confirms that another document, such as a summons, writ or other procedural document has been served by one party to a legal action on the other party. In California this is sent to the other parties and the receiving party has 20 days to sign it and then return it to the moving parties.

CAUSE OF ACTION

a lawsuit or proceeding in a court of law.

ACTUARY

These are mathematicians dealing with probabilities and evaluating the current financial implications of future inevitable events. In the divorce process an actuary are commonly used to when we are dealing with retirement  or trying to decided if waving an asset is a fair exchange for another assets. 

ADMINISTRATOR OF AN ESTATE

The person who manages the distribution of an estate is called an executor if there is a Will. If there is no Will, the person is called the administrator.

ADULTERY

 a ground for divorce in Canada and some states in United States.   In California all you have to have one parties indicated there is "IRRECONCILABLE DIFFERENCES (family Code 2310(a)"  That mean one party feel this is no hope in saving there marriage.

AFDC

This is Aid to Families with Dependent Children (welfare) or "public assistance".   These cases regarding child support is heard in the Superior Court and the Department of Child Support Services (district attorney office) represent the State of California in an effort to collect support.  

AFFIDAVIT

A written statement under oath.    In California this is Called a DECLARATION.

AGREEMENT

a verbal or written resolution of disputed issues.   However, to have an agreement enforceable by the court in California it should be in writing.   Most of the time Verbal (Oral) agreement will not hold up in court unless both parties agree they had an agreement.

AIR MILES

Many business person can accumulate a lot of Free Miles.  Then can be valuable and are divisible in your divorce.

ALIMONY

Is called Spousal Support in California.  For an entire section on Spousal Support in Californian Click here)   This is payment made by one party to the other in a divorce/legal separation.  this can be during the divorce process and in many cases can continue after the judgment is entered.

ANNULMENT    (Also called Nullity of Marriage)

a marriage can be dissolved in a legal proceeding in which the marriage is declared void, as though it never took place. After it is granted the parties is considered never married.  Available only under certain limited circumstances.  The two major grounds are Fraud, (Family Code 2210(d)) and Bigamous marriage (Family Code2201)

ANSWER

In California in a dissolution action it Called a Response.  The Responding party has  30 days to respond. The responding document is known as an Response in Californian and in most parties of the country an Answer.

APPEAL

This is  where a party to a case seeks to overturned an lower court judgment or order  by taking it to a higher court who can.  This must be overturned on a legal ground.  Appeals are very rare in family law!.

APPLICATION

The name of the document that is filed with an Order to Show Cause action or a Notice Motion Action where one parties is seeking some family law relief from the court.

APPRAISAL

This is a process where an expert is use to determine the value of certain items that you or your spouse own. Such as a  home, antique or other things of value.

ARREARAGES

Unpaid child support payment for a past period owed by the noncustodial parent.  In California interest is added at a rate of 10%.

ARRAIGNMENT

 The only time this happen in family law is when someone is arrested for Domestic Violence Action. . He or she may plead guilty or not guilty.

ASSESSMENT  - Custody Evaluation.

This is the process where a trained psychologist or social worker the parties, performs psychological tests such as MMPI's and to interview the children needs and what parent has the children best interest at heart.  If is more common this will occurs when father's are fighting for custody.

ASSIGNMENT OF SUPPORT RIGHTS

When a person goes on aid in the State of California they or medical support the support rights are assigned to the State.

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BANKRUPTCY

Bankruptcy is sometimes a result of a divorce. Bankruptcy does not affect any child support or spousal support payments, nor does it affect arrears of child support or spousal support. However, it will affect the property division.

BENEFICIARY

a person who benefits under the terms of a will or a trust or some insurance benefits.  Trust also can be set up for the children.  (See TRUST - Click here)

BEQUEST

Gift of property, personal or real upon death, usually by will.

BUSINESS APPRAISER

Normally in a divorce, if you or your spouse owns a business, it will need to be valued to determine what it would sell for on the open market.   A business valuator is a trained professional who does this and they do charge a lot more than a residential appraiser.

 C

CASE LAW

The law in the United States are essentially made up of two key elements - statutes (Codes), which are the legislative rules passed by Congress and State Legislatures and case law which is the interpretation of those rules by the courts and which can be binding upon courts deciding upon similar matters in the future.   A lot of family law involving move away issues are very important in family law matters.

CERTIFICATE OF DIVORCE  IN CALIFORNIA IS CALLED "NOTICE OF ENTRY OF JUDGEMENT"

 This is the document normally required to prove that you are divorced.

CERTIFIED COPY

A copy of a court document which the court has said in writing, is true and correct copy of the original document. This is normally a impression stamped on the copy.

CERTIFIED PUBLIC ACCOUNTANT

An accountant who has met the requirements of state law, through appropriate education and training, and has been granted a certificate.  Most divorce cases does not require the use of one.

CHILD CARE EXPENSES

Expenses for child care are normally shared between parents. In some case the court may proportion to their incomes

CHILD CUSTODY

There are two type of child custody.   Physical and Legal.   (See "Child Custody for more detail, Click here.)

CHILD REPRESENTATIVE  - In California this is Called "MINOR COUNSEL"..

An Attorney who job is to represent the child and is appointed by the court.   They will make recommendation to the court.

CHILD SUPPORT

Support that is paid by one parent to the other.  This is based on Guideline amount in California.   Child support is also based on the income of both parent and the amount of timeshare.  The more equal the time share less is paid in child support.  There are only a few circumstances when the court can award child support higher or lower than the guidelines

CODICIL

An amendment changing the terms of an existing valid Will. It must be signed and witnesses with the same formality as your Will.   A new will should always be drafted after a divorce action been filed or a judgment is entered.

COMMON LAW MARRIAGE

California does not recognized common law marriages.  In some states a common law marriage comes about when a man and woman who are free to marry agree to live together as husband and wife without the formal ceremony and has met the statutory code in that state regarding the length and other requirement to be consider married under the common.

COMPLAINANT

the one who files the suit, same as plaintiff.  A complainant is filled in a paternity action.

CONTEMPT OF COURT

a person is in contempt of court when they either disregard an order by a judge or act in such a way as to show disregard for the authority of the court. In family law this is normally when a person fails to follow the court order or fail to pay child or spousal support.   If found in contempt of court the Judge can imposed jail time on the person found guilty.

CONTESTED DIVORCE

A divorce where the parties are unable to mutual agreement.   Client here to learn more about what is a contested divorce.

CONTRACT

An agreement between two or more parties, either written or verbal, that one party will do one thing in return for the other party doing another.

CORROBORATIVE WITNESS

A person who testifies for you and backs up your story either in from of a declaration under oath or in open court.

CREDIT REPAIR

A professional involved in repairing an individual's credit. After a divorce many times individuals will need this services. 

CUSTODIAL PARENT  OR CUSTODIAL PARTYT

the parent or parents who has physical custody of the children.

CUSTODY-SOLE & JOINT

refers to the legal arrangements for whom a child will live with and how decisions about the child will be made. Custody has two parts 

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D

DEBTS INCURRED AFTER SEPARATION

Generally, you will not be found liable for any debts your spouse incurred after separation (Most of the time assets acquired after the date of separation is consider your sole and separate property unless community assets are used to acquired them.  Example,  rental property which is community assets and payment being received post separation.

DECLARATION OF A PERSON.

A declaration is signed under oath attesting to some personal fact or knowledge.  In most divorce cases in California this is used in lue of actual testimony in a Order to Show Case hearing

DECLARATION OF  PATERNITY

A document signed by BOTH parents stating that they are the child's biological parents.   (If you are not completely sure then DO NOT SIGN IT!!! They are hard to overturn with the child get past the age of two or sooner even if you can show fraud was involved.)

DEFAMATION

Defamation is an injury to a person's character or reputation such that a right thinking person would think less of the injured person as a result of the injurious act.   There are two types of defamation, libel which is a defamation which is written down and slander which is a spoken defamation. It is a defense to an action for defamation that the words said or written were true.  Unfortunately in family law since there is so much he said, she said it hard of not impossible at times to know how is telling the truth or not.

DEFAULT

Failure of a defendant to file an answer or appeal in a court case within a certain number of days after being served with a summons or a complaint.

DEFAULT HEARING

This happens when a person is served with a Order to Show Cause hearing or Notice Motion and he or she fails to file a response to the motion.   The court normally will awarded what is being asked for in the action before the court if the person was property served notice of the hearing.

DEFAULT JUDGMENT

Orders made by the court when the defendant fails to answer or respond to the "Complaint" or "Petiton".

DEFENDANT  OR RESPONDENT

The person the case is brought against   In Dissolution action the responding party is called the respondent.

DEFINED BENEFIT PLAN

A defined benefit plan is a type of pension plan.  They may vary but all has to meet the IRS requirement. A defined benefit plan promises that upon your retirement, you will be entitled to some sort of benefit or money.

DEFINED CONTRIBUTION PLAN

A defined contribution plan is another type of pension plan. A defined contribution plan is one in which your contributions to a retirement plan are known (defined). The amount of money to be distributed upon your retirement is unknown and depends upon the manner in which the yearly contributions have been invested, and the investment growth experienced over the years. Normally a defined contribution plan is only worth the contributions you've made and accumulated growth, less any tax consequences.

DEPENDANT

Dependant is a legal term for someone who is owed support. You have a legal obligation to support your children, your spouse, and even your parents.

DEPRESSION

Divorce may bring on depression about a variety of issues from the loss of day

DISBURSEMENTS

Disbursements is money paid to the client or the parties upon the sale of an assets.

DISCOVERY

A legal way of getting information from the other side or other people. Examples. of discovery are interrogatories (written questions) and depositions (questions which are usually in person and recorded), Demand for Production of Documents (document requested must be produced.).

DISCOVERY

The discovery process is the legal procedure for gathering information. Either you or your lawyer will collect as much detail as possible regarding your spouse, particularly your spouse's financial situation. The discovery process involves requests for documents and questioning of your spouse under oath.

DISREGARD

The First $50 in current-month support payments collected from the noncustodial parent and that is paid toe the custodial party also receiving AFDC.  She the person on AFDC get the money from the state PLUS the first $50.00.

DISSOLUTION

a dissolution is the act of ending something, usually a company, partnership, marriage or joint venture, usually by order of a court.

DIVISION OF PROPERTY

The exact rules for the division of property vary from province to province, but the court generally divides equally the assets accumulated during your marriage. However, a judge can order an unequal division of property based on facts such as whether the marriage was of a short duration, or whether one spouse recklessly depleted property.

DIVORCE

The legal dissolution of a marriage.  In California you have to have been a residence of the state of California for at least six months prior to filing and in the county in which it was filed in for at least three months for the court to have jurisdiction. 

DIVORCE

Divorce is what ends a marriage. If you are living as a common law couple, no divorce is necessary to end your relationship.

DIVORCE AGREEMENT -  ALSO KNOW AS A MARITAL SETTLEMENT AGREEMENT

A divorce agreement spells out the terms and division of property, assets and debts of the dissolution.. These agreements usually cover all property division, child custody, visitation, day-care cost and medical,  spousal support, attorney fees and any other relevant issues related to the divorce.

DOMESTIC VIOLENCE

Domestic violence refers to abusive behaviors used by one person in a relationship. This can be physical or emotional. and sometime use to control the other person.  Although emotional, psychological and financial abuse are not criminal behaviors in most cases the court still can issue a restraining order in some cases.

DOMESTIC VIOLENCE PROTECTIVE ORDER

This is an order, placed by the courts where a person been subject to domestic violence or there is a high probability of future violence action.  In California this applies family or household member, or a current or former intimate or sexual partner.  Does not apply to neighbors or other individuals since as someone you work with.  That would be a civil harassment order..

DOUBLE DIPPING

Double dipping describes the unfairness that results when property is awarded to a spouse in the division of property, but is also treated as a source of income for purposes of calculating spousal support.

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E

EARNINGS ASSIGNMENT

This is a court procedure by which automatic deductions are made from wages or salary to pay current or past child support obligations.  This also could include spousal support or attorney fees payments when ordered by the court.

EASEMENT

An easement is a private (as opposed to public) right which one person has over the land of another person and which is enjoyed by the person in connection with their own ownership of land. Easements include rights of way, and other legal rights.  For there to be an easement there must be a "dominant tenement" (i.e. land which enjoys the benefit of the easement) and a "servient tenement" (i.e. land which is subject to the right).  Most of the time the servient rights will  pass with the land so that if it is sold the new owner has the right to the benefit in question.   In order to nend the easement both parties has to agree to it.

EMPLOYMENT SPECIALIST    -  Vocational evaluator.

To assess his or her  marketability and their vocational skills in order to determine if the person can become employed and what his or her potential income might be.,  Sometime a person will hire on to aids the  clients in resume development and educates them in successful interviewing strategies.

ENCUMBRANCE

Is the amount of money you owe on either real or personal property.  Encumbrance is a liability and can include a lien (a right to retain possession) or a charge (a security which supports a debt, e.g. a mortgage). To sell something free from encumbrances means to warrant that no one else has a claim over it and you own the titel free and clear..

ENFORCEMENT

Just because you've got a divorce order or judgment it doesn't mean that your spouse or former spouse will obey it. Enforcement is when you take action to enforcement it by a legal means such as a wage assignment or garnishment, contempt action which could pet the person in jail.   It is best to talked to your attorney about what method is best in your case.  

EQUALIZATION PAYMENT

Is the amount of money that has to be paid to equalized the community assets of both parties.. Property include but not limited to cars, stocks, pensions, electronic equipment, furniture, collectibles, and art, cd's and 401K

EQUITY

EQUALITY has several meanings depending upon the context in which it is used.  Bust during the divorce process it normally refer to the net value of a property after deduction of any outstanding charges or mortgages.

ESCROW

Most of the time it refer to an agreement or the contract will be put into the hands of a third party with instructions as to when it can be released or used. That third party is known as an "escrow agent".  Most real property is sold using a escrow agent.

ESTATE PLANNING

Estate planning is almost a must in California if you own a home or buying one sine the housing process are so high.  If you had a living trust during the marriage you need to get another one now.   Some family law attorney like David A. Casey can prepare you new estate pan for you after the divorce is over with.  I can be done during the divorce but since most people want to save on cost it better to wait until all personal and real property are divided.

ESTOPPEL

estoppel is one of those complicated legal concepts designed to prevent an injustice being done by the strict application of law. If someone states that something is so and, in reliance upon that statement, another person acts in a particular way, possibly to their detriment, then the person who made the statement is prevented, or estopped, from denying the correctness of the statement which they originally made.

EXCLUSION CLAUSE

an exclusion clause is a clause, often in a contract, which attempts to limit or exclude the liability of one of the parties to an agreement.

EXCLUSIVE POSSESSION

When a married couple separates, both parties have an equal right to stay in the matrimonial home. That means that you can't force your spouse out of the house unless there are some form of  domestic violence. "Exclusive possession" means that the court has given you the right to stay in the house, and your spouse must move out of the house.   The court also normally will make than order that the person living at the residence shall pay all obligation while having exclusive use of the residence.

EXPENSIVE  -   Better known as COST

The costs associated with ending a marriage.  This could be filing fees or payment to a third person for work performed during the divorce action.  This could also include processor, and even copying charges.

EXPERT WITNESS

An  expert witness who is qualified to testify as such. because he or she specific knowledge of a particular specialist field rather than having personal knowledge of the facts surrounding the case in question.

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F

 FALSE ALLEGATIONS

False allegations are untrue statements made by one person against another person. In divorce, a variety of allegations, false and true, regarding spousal and child abuse are commonly made.  During a contested divorce it is not uncommon for the view of the fact can be completely opposite of each other.  The problem is it is had for the court in many cases to tell who is telling the truth.  False allegations is extremely common in a child custody case.  It is sad to say the court very sudden turn over any case to the district attorney no matter how serious the false allegations are.  

FAMILY LAW CODE

This is the statutory code the court will apply during a divorce action.

FEE SIMPLE

although a very old legal term it is still often used to describe an estate in land which is a freehold interest.  But in most family court it is you hardly ever hear that word.

FEES

Legal fees for a divorce are quite high in contested cases.  There are many ways to save legal fees. First don't contact your attorney everyday.  99% of the time it is a waste of your money.  When you do discuss the case write your questions first and give them to your attorney . That way he or she will have all the answer for you or will have question he need answered before responding to you.  Most of the time the best way for both parties to avoid cost is to try to work our a settlement and them have your attorney draft the document. 

FELONY

A criminal offense punishable by a term in the state prison for.  Domestic Violence with injuries are felonies.

FILING

This is giving the document to the  Court of the Court  your legal papers.   Many documents has to be in a certain format and even color before the court will accept it.  Be sure the check the local rules before filing any documents.

FINAL ORDER  IS CALLED A JUDGMENT

This is normally the last order the court will enter.  But in some cases the martial status will end and later on the judgment involving all of the reserved issues will be entered. 

FINANCIAL STATEMENT   -   INCOME AND EXPENSE DECLARATION

The court most of the time if you don't own your own business will require both parties to fill out a "Income and Expense Declaration" I The financial statement is a sworn statement, which means that you are certifying that what you've put on it is true under penalty of perjury.

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GARNISHEE ORDER

When judgment is obtained against a debtor, the creditor does not always automatically get that which is owed to him or her.  In family law most order withholding money are wage assignment orders since it is assigning the money to someone else.

GARNISHMENT

Often, child support and spousal support payments are collected by WAGE ASSIGNMENT. T

GIFTS

A "gift" is a voluntary transfer of property from one person to another without expectation of payment or reward.

A gift given to a person make it his or her sole and separate property.

GOODWILL

This is something that is very  difficult to describe as occurs with the sale of goodwill.  But goodwill is  most common describe ass the value of the reputation which a business has gained through the act of trading.

GROUNDS FOR DIVORCE

the legal basis for a divorce;.  In California all you really need is one party to the marriage to indicated there is no hope in saving the marriage or irreconcilable differences.  California is called by many a no fault divorce state.

GUARDIAN

An adult appointed or selected to care for a minor child in the event no biological or adoptive (legal parent) of the child is able or wishes to do so.

GUARDIAN AD LITEM

someone appointed by the court to represent minor children in a contested divorce.  The court normally use minor counsel when there is a complex issues before hte court and the child interest need to be protected.

GUIDELINES

Child support is payable according to the Child Support Guidelines. Under the guidelines, the amount of child support you receive or pay depends on your income, the number of children you have,  and based on the time share of the parties..

GUILT

In a divorce action in California you are likely to feel guilty even if you aren't responsible for the break up of the marriage.   

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HEARSAY

Hearsay is out of court statement trying to be use in court to prove the truth of the matter spoken.  Usually, hearsay evidence is held either not to be admissible or that if admissible, less weight is attached to it than to other more direct evidence.   However, there are a lot of exception to the hearsay rule.  Even though it is excluded in most civil and criminal matters it family law you seem to hear it all the times since most of family law is hearsay.  

HEIRS

Persons who are entitled by law to inherit your estate if you don't leave a Will, or any person or institution named in a Will.

HIDDEN ASSETS

To divide property during a divorce, the court will look at the assets of each spouse .

HOLD HARMLESS CLAUSE

This is one spouse will hold the other harmless for something.  Most of the time it is a debt that spouse is assuming.   An indemnity clause provides for someone to be reimbursed if they have suffered because of someone else's act or failure to act.   If for some reason you end up being required to pay these loans, the indemnity gives you the right to be reimbursed by your former spouse.

HOUSEHOLD GOODS OR ITEMS

Everyday items that make your home useful and is part of your personal property or community property.

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INDEMNITY

an indemnity is a payment or compensation by one person to another to make up for a loss which the other has suffered.

INDEMNITY CLAUSE    HOLD HARMLESS CLAUSE.

An indemnity clause provides for someone to be reimbursed if they have suffered because of someone else's act or failure to act. If for some reason you end up being required to pay these loans, the indemnity gives you the right to be reimbursed by your former spouse.

INDEXING

Normally spousal support payments are NOT index to  inflation -  but when the case warrant it this could be an option.  Child support is never indexed.  In most case there party would have to go into court and request a modification in the support.

INJUNCTION

an injunction is an order of the court stopping someone from doing a particular act which is against the rights of another person.  This can be as smiple as preventing either party from selling or buying something to preventing one of the party from from entering the matrimonial home.  It is contempt of court (see earlier) to act in breach of an injunction or a court order.

INTERROGATORIES

Written questions sent by 1 side in a lawsuit to an opposing side as part of pretrial discovery in civil cases. The side that receives the interrogatories must answer them in writing under oath.

INTESTATE

This is when a person dies without making a will or if there is property which they own to which their will does not apply.  For a lot more information on Wills click here.

INVESTIGATOR

Provides investigative and background information services.  Also commonly known as a PI.  This could include taking or investing a spouse when he or she has the children to asset, property and bank location searches, credit reports, etc. These reports are often necessary to ensure there has been a full disclosure as required under California Family Code.

TITLE Four    IV CASES. 

IV-A ("4-A") case: A child support case where a custodial parent and child(ren) get public assistance benefits under the state's IV-A program, which is funded under title IV-A of the Social Security Act. Applicants for IV-A assistance are automatically referred to their state IV-D agency in order to identify and locate the noncustodial parent, establish paternity and/or a child support order, and/or obtain child support payments. This lets the state get back some or all of its public assistance money from the noncustodial parent. (Temporary Assistance to Needy Families (TANF).)

IV-D ("4-D"): Refers to title IV-D of the Social Security Act, which says that each state must create a program to find noncustodial parents, establish paternity, establish and enforce child support obligations, and collect and distribute support payments. Any person that gets public assistance (usually TANF) is referred to the state IV-D child support program. States must also accept applications from families that do not get public assistance, if requested, to help collect child support.

IV-E ("4-E"): Refers to title IV-E of the Social Security Act, which established a federal-state foster care program that gives financial support to a person, family, or institution that is raising a child or children not their own.

IV-E ("4-E") case: A child support case where the state provides benefits or services under title IV-E of the Social Security Act to a person, family, or institution that is raising child(ren) not their own. As with other public assistance cases, the people that get public assistance are referred to their state IV-D program in order to identify and find the noncustodial parent, establish paternity and/or a child support order, and/or obtain child support payments. This allows the state to get back some or all of its public assistance payments from the noncustodial parent.

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JOINT ASSETS

Joint assets are assets, such as bank accounts, that are owned by both you and your spouse. Normally, you should consult with your lawyer as to the best way to deal with these assets. Otherwise, you run the risk of your spouse taking all of them. While you will eventually get your share of the joint assets, this can take a long time and cause you great financial difficulty.

JOINT ASSETS

Joint assets are assets, such as bank accounts, that are owned by both you and your spouse. Normally, you should consult with your lawyer as to the best way to deal with these assets. Otherwise, you run the risk of your spouse taking all of them. While you will eventually get your share of the joint assets, this can take a long time and cause you great financial difficulty.

JOINT CUSTODY

a form of child custody that grants both parents joint legal custody, joint physical custody, or both joint legal custody and joint physical custody.

JOINT DEBTS

Joint debts are monies owed, such as on a credit card, by both you and your spouse. As with joint assets, you should consult with your lawyer as to the best way to deal with these joint debts. Otherwise, you run the risk of your spouse running up your credit cards and lines of credit.

JOINT DEBTS

Joint debts are monies owed, such as on a credit card, by both you and your spouse. As with joint assets, you should consult with your lawyer as to the best way to deal with these joint debts. Otherwise, you run the risk of your spouse running up your credit cards and lines of credit.

JOINT LEGAL CUSTODY

a custodial decision where both parents are granted the same rights in making medical and educational decisions for their children, have access to the children's records and are fully involved in the children's upbringing.

JOINT TENANCY

a joint tenancy is not generally concerned with landlords and tenants but instead is a way in which two or more people can have an interest in land or real property, so that they own it jointly rather than in specific shares. If land is owned this way then they cannot deal with the property individually - they must act together - and if one of the joint tenants dies then their share passes to the other surviving joint tenants. The other way of holding land jointly is called tenancy in common (see later) and if a joint tenant wishes to create a tenancy in common then they must "sever" the joint tenancy by serving notice on the other joint tenant(s).

JOINT VENTURE

a joint venture is where two or more persons (either individual people or companies) enter into an agreement to undertake a business venture for joint profit. The joint venture can be simply an agreement between the parties as to who does what, invests what and gets what at the end, or it can be an entirely new company set up for the specific purpose of pursuing the joint business.

JUDGE

a judge is the person who presides over a court case. The judge will either determine the case and decide who should win or lose in a civil case or will direct the jury on those things it should consider in a criminal case. The judge is also responsible for deciding the type and severity of sentence which someone convicted of a crime should have imposed upon them and the extent of the damages in a civil case. A judge does not necessarily always hear cases in court and can hear cases privately (i.e. without the jury or the public present) in chambers. There are several different types of judge including district judges, recorders, masters, trial judges and Appellate Court Judges.

JUDGMENT

a court's decision.

JUDGMENT

A judgment is a court's final determination of your rights and obligations. It is also the legal document stating the reasons why the judge reached the decision he or she did.

JUDGMENT

A judgment is a court's final determination of your rights and obligations. It is also the legal document stating the reasons why the judge reached the decision he or she did.

JUDICIAL REVIEW

Judicial Review is an important part of public life since it makes the acts of those who run the country open to the independent scrutiny of the courts and helps to ensure that due process is followed and that powers are not abused. If a person in public office, a minister for example, has a power to do something and a decision is taken which those whom it affects believe to have been wrongly taken, then those affected by it can apply to the courts to have the decision reviewed to see whether the decision has been reached in a lawful manner and in accordance with any regulations which granted the power to make the decision.

JURISDICTION

the authority of the court to hear a case.

JURY

in a court case a jury is 12 people picked at random and whose job is to decide on the basis of the facts presented to them the outcome of a case - usually a criminal case but occasionally in defamation cases. They are not required to know anything about the case or the law relating to it - in fact such knowledge could render them ineligible to be a juror in the matter. They will be directed by the judge (see earlier) as to that law which they need to know and also on how they should interpret the information which they have heard. In the case of inquests there will only be 9 jurors.

LAWYER

A lawyer is someone who is licensed to practice the law, and is also known as a barrister or solicitor. But your lawyer is more than your legal advocate. He or she is also your advisor, counselor, and an "encyclopedia" of knowledge about divorce law. Because divorce is so stressful and because the outcome of a divorce proceeding will have a tremendous impact on your life, it is extremely important that you select a legal professional that has experience with the family law in your province and is someone with whom you feel you can work effectively.

LAWYER

A lawyer is someone who is licensed to practice the law, and is also known as a barrister or solicitor. But your lawyer is more than your legal advocate. He or she is also your advisor, counselor, and an "encyclopedia" of knowledge about divorce law. Because divorce is so stressful and because the outcome of a divorce proceeding will have a tremendous impact on your life, it is extremely important that you select a legal professional that has experience with the family law in your province and is someone with whom you feel you can work effectively.

LEASE

a lease can have a number of meanings. Sometimes it is the agreement entered into between the owner of land, a building or part of a building (the landlord) and the person who wishes to rent it from him (the tenant) and which sets out the terms of the occupation - rent, rights, extent of the property, etc. Also, it can be the name given to the actual document entered into between a landlord and a tenant. Alternatively, a lease can be an agreement by one person for the hire of goods or machinery from another person in return for the payment of a hire charge.

LEGACY

a legacy is a gift in a will of money or personal property.

LEGAL AID

where a person is unable to bear the costs of a legal action, whether or not commenced by them, then they may be eligible to have all or part of their costs paid for by the government by the by the legal services program in your community.

LEGAL CUSTODY

a form of child custody that grants one parent the right to make decisions about the child's upbringing.

LEGAL SEPARATION

a court order arranging the terms (custody, support, etc.) under which a married couple will live separately. This addresses the same issues as divorce, but does not completely dissolve the marriage.

LETTER BEFORE ACTION

a letter before action is a letter sent to someone informing them that unless they take certain steps (e.g. repay a debt, vacate land, cease a particular activity or return property) then legal proceedings will be commenced against them.

LIBEL

a libel is a written defamation (see earlier).

LICENSE

a license is a right granted to a person or company to exercise rights over or in connection with something owned by another. Thus, for example, a license could be granted to enter land, to use a trademark, to carry out a mechanical or chemical process or simply to use goods owned by another. The key feature of a license is that it is a right, usually limited by time to use something which continues to be owned by someone else, rather than the transfer to a person of the thing or the full rights to it.

LIEN

a lien is the right to retain possession (but not ownership) of something until something else, such as a payment for work carried out to the thing, has been made. For example, if you took your watch to be repaired, the jeweler would have a lien over that watch until such time as you had paid the bill for the repair.

LIFE INSURANCE

Normally, if you are required to pay child support or spousal support, you will also be required to have life insurance to secure this support. This is so that if you pass away before your child support or spousal support obligation ends, there is still money there to satisfy this obligation. Otherwise, your estate may have an obligation to support your children or your ex.

LIFE INSURANCE

Normally, if you are required to pay child support or spousal support, you will also be required to have life insurance to secure this support. This is so that if you pass away before your child support or spousal support obligation ends, there is still money there to satisfy this obligation. Otherwise, your estate may have an obligation to support your children or your ex.

LIFE INSURANCE AGENT

A state-licensed, trained financial professional, who represents a group of financial products. These products can provide protection against the loss of a wage earner's salary due to death, provide money for burial and other final expenses, protect one's estate from liquidation due to estate taxes, provide funds for college, and accumulate a pool of cash for use in retirement on a tax

LIFE INTEREST

a life interest is, as the name implies, an interest which a person has in something for the duration of their life. An example would be if you lived in a property with someone, that person might on their death, grant you a life interest in the property; that is to say you would be entitled to remain there for your life but could not sell the property nor leave it in your will to a third party.

LIMITED DIVORCE

establishes certain legal responsibilities while the parties are separated but does not end the marriage. See Annotated Code of Maryland, Family Law Article, Section 7-102.

LIMITED DIVORCE

the termination of cohabitation, also known as a separation.

LITIGATION

litigation is the process in which a person or company becomes involved when they go to court.

LUMP SUM ALIMONY

see "alimony in gross."

LUMP SUM SPOUSAL SUPPORT

Spousal support payments are generally made on a periodic (monthly) basis over a lengthy period of time. In some instances, however, the divorcing parties will agree on a single "lump sum" spousal support payment. The receiving spouse is paid a sum of money at one time. It is considered a only final payment of spousal support. Unlike periodic spousal support, lump sum spousal support is not taxed in the hands of the recipient nor is it tax deductible by the payor.

LUMP SUM SPOUSAL SUPPORT

Spousal support payments are generally made on a periodic (monthly) basis over a lengthy period of time. In some instances, however, the divorcing parties will agree on a single "lump sum" spousal support payment. The receiving spouse is paid a sum of money at one time. It is considered a only final payment of spousal support. Unlike periodic spousal support, lump sum spousal support is not taxed in the hands of the recipient nor is it tax deductible by the payor.

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MAGISTRATE

sometimes called a Justice of the Peace, a magistrate is a person appointed to judge minor cases or preliminary hearings in the magistrates' court. Sometimes unpaid and not legally qualified , they are invariably part-time and will often be a prominent member of their community.

MARITAL PROPERTY

includes all property acquired during the marriage, even if it is not titled in both names, with some exceptions, See Annotated Code of Maryland, Family Law Article, Section 8-201(e) for definition and Sections 8-203 through 8-205 for how the court treats marital property.

MARRIAGE

The essence of marriage is that it is a bond between two people made up of a network of rights and obligations. In the eyes of the law, marriage is a legal and binding contract between two people. Even in this day of equality, there are significant differences in how the law treats unmarried and married couples when their relationship ends. The most significant is the division of property, which is automatic at the end of a marriage, but not automatic at the end of an unmarried relationship.

MARRIAGE BREAKDOWN

Marriage breakdown is the only ground for divorce in Canada. Under the Divorce Act, there are only three ways in which a marriage can breakdown: one year of separation, adultery, or serious physical or mental cruelty.

MARRIAGE CONTRACT

A marriage contract (also known as a "prenup" or "prenuptial agreement") is a contract entered into by two people who are about to marry or are already married. The marriage contract sets out what happens in financial terms if the couple separates or one spouse passes away. Although some people find the concept of a marriage contract repulsive, the reality is that everyone has a marriage contract: the terms of the marriage contract are set out by the government in the Divorce Act.

MARRIAGE COUNSELING

For some couples, working with a marriage counselor, a trained professional with experience in the problems of wedlock, will help them resolve the issues of their relationship and allow their marriage to thrive again. Given how difficult a separation or divorce is, it is often worth trying marriage counseling.

MASTER

hears cases like a judge. A master's decision is reviewed by a judge before becoming final.

MATRIMONIAL HOME

The matrimonial home receives special treatment under Ontario family law. Both spouses have an equal right to possession of the matrimonial home - which means both spouses have a right to stay in the home. As well, in dividing property, you do not get any credit if you brought the matrimonial home into the marriage, whereas you do if you brought other property into the marriage.

MEDIATION

just as litigation is the process of going to court to resolve a dispute, so mediation is the process by which cases are resolved without the parties needing to go to court. Mediation is becoming far more popular as a means of resolving disputes since it is invariably less confrontational, is often simpler and thus cheaper and has the added benefit of being able to be decided by whatever means the parties to the mediation agree between them. In commercial matters, in particular, it is often referred to as Alternative Dispute Resolution, or just ADR for short.

MEDIATION

A voluntary, private and confidential process, whereby a couple meets with a mediator who helps facilitate their communication in order to access resources and negotiate agreements.

MEDIATION

a non

MEDIATION

In less contentious divorces where the parties do not need to turn to the courts to resolve their issues, they may select "mediation." In this process, a professionally trained mediator, who is a neutral third party skilled at getting people to reach an agreement, helps you and your spouse arrive at a mutually agreeable solution to the issues arising from your separation.

MEDIATOR

A neutral, impartial person who is trained in negotiating, conflict resolution and communication skills. The mediator does not represent any party or take sides, nor does he/she act as an attorney, judge, coach or therapist. He/she explains the mediation process to the parties, and assists divorcing couples to clarify issues, concerns, interests, needs and values. The mediator brings in and works with various professionals as needs arise.

MEDICAL INSURANCE

Normally, as part of a divorce settlement, you will be required to continue designating your children as beneficiaries of any extended health or dental insurance you may have through employment.

MENS REA

Mens Rea is a phrase that you are most likely to hear in the criminal courts and means literally "guilty mind". Certain crimes require that a person intended to carry out the crime, and thus the prosecution would have to prove that there was mens rea at the time the offense was committed.

MINUTES OF SETTLEMENT

When a court action is settled out of court, the settlement is written up in what is known as "minutes of settlement." This document details the agreement reached between you and your spouse.

MISREPRESENTATION

a misrepresentation occurs where someone is persuaded to enter into an agreement on the basis of facts which are false. Depending upon the extent and severity of the misrepresentation, the party who has been falsely persuaded may be entitled to deny the validity of the contract or agreement and possibly even entitle the person to damages as a result.

MITIGATION

mitigation has two distinct meanings in law. On the one hand it is the steps which a person must take to minimize the loss which they incur for example when the other party to a contract has broken the terms of that contract. In other words, the wronged party cannot simply let a loss continue to mount up and then hold the other person responsible - they must attempt to limit the damage caused. The other main meaning is that it is the facts which are put forward, normally in a criminal case, as to why the convicted person should be given a lesser sentence than they would otherwise receive. Such a "plea in mitigation" will be considered by the judge before sentencing takes place.

MORTGAGE

a mortgage is a security given by one person to guarantee to another person who lends them money that the money will be repaid. The most common form of mortgage is the one taken out by a home owner and granted to the lender that enables them to purchase a property, in which case the mortgage will be over the property purchased. The mortgage will normally be created by a mortgage deed which then becomes recorded against the title to the land subject to it. The land can then only be sold if the mortgage is first paid off or, as usually happens, an undertaking is given by a solicitor that the mortgage will be paid off from the proceeds of the sale.

MORTGAGE/LOAN BROKER

Acts as an intermediary to secure financing for real estate. The property can be commercial and/or residential.

MOTION

a request to the court.

MOTION

It can take a year or more for a divorce case to be completed. That can be too long to wait for certain things - such as receiving child support or spousal support, or deciding on a parenting schedule. In such cases, you need to file a motion with the court to obtain temporary (interim) decisions about the matters in your case. A motion can also be filed if you need direction from the court about procedural matters in your case.

NEGLIGENCE

negligence is an example of a civil wrong known as a tort and is where one person acts carelessly or in such a way that damage, injury or loss is suffered by someone to whom the person committing the act had a duty of care. In determining whether or not someone was negligent, account has to be taken of whether the actions were careless, whether a duty was owed to the person complaining of the negligence and the remoteness of the damage caused.

NEGOTIATION

Negotiation is the process of discussing issues arising from the breakdown of your marriage with a view to resolving them. An agreement is usually a compromise representing a modification of the original positions of the spouse. The negotiation can be done directly between you and your spouse, or between your lawyers.

NET FAMILY PROPERTY

In Ontario family law, the first step in determining the division of assets is calculating your net family property. This is essentially your assets on the date of separation, less your liabilities on the date of separation, less your net worth on the date of marriage, and less any inheritances, gifts from third parties and personal injury awards received during your marriage that are traceable.

NON

NOTARY PUBLIC

A notary public is a person authorized to administer oaths, and to execute or certify certain documents. All lawyers are notaries public in addition to being barristers and solicitors.

NOTIONAL DISPOSITION COSTS

There are often financial consequences to cashing in an asset. For instance, if you cash in an RRSP, you will need to pay income tax on the proceeds. If you sell a plot of land, other than your primary residence, there may be capital gains tax. In selling your home, there may be real estate fees. These financial consequences of cashing in an asset are known as notional disposition costs. In calculating the division of property on divorce, if you use the actual value of your assets, you will be overstating their value. To account for this, you must deduct any notional disposition costs from the value of the assets.

NUISANCE

a nuisance, as with negligence, is one of those civil wrongs known as a tort, and it usually relates to the interference with the rights of a person, most commonly in connection with their rights to enjoy their own land. Whilst commonly we think of nuisance as being the acts of neighbors such as noise, it can extend to the escape from land of water or fumes or the performance of an unsociable activity. If the nuisance starts to affect a number of people it becomes a public nuisance which is a criminal offense.

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OATH

an oath is a solemn and formal declaration by a person that what they are about to say or write is the truth. It is usually made while holding a bible or the oath givers chosen religious text. A written oath is usually referred to as an affidavit.

OFFER TO SETTLE

An "offer to settle" is a legal document that details a formal offer made by one spouse to the other. The purpose of an offer to settle is two

ORDER

An order is a direction by the court to do or not do something. It is a mandatory direction that must be followed and is binding upon the parties to a legal action. "Interim orders" are temporary and may be issued while the facts of a case are being decided. A "final order" is a permanent order at the end of a trial. Orders made by a judge based the agreement of the parties on specific issues are called "consent orders."

ORDERS OF NOTICE

notice ordered by the court requiring the party who filed for divorce to ensure that the other party is served by a sheriff with copies of the "Petition for Divorce".

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PARALEGAL

An individual who helps a couple represent themselves in the dissolution of their marriage in a simple, uncontested divorce situation. An LDA will do all the processing of the paperwork throughout the divorce process. If a couple chooses to go through the Mediation Process, the LDA can also file the appropriate forms to complete the divorce.

PARENTING

There is a trend nowadays to avoid using the terms "custody" and "access" as there are certain win / lose connotations to these terms. Instead, the court will make parenting orders, which specify how the decisions in the children's lives will be made.

PARTIES

The people on either side of a divorce are called the "parties" to the proceeding.

PARTNERSHIP

when two or more people wish to undertake a business together they have the option of doing so by agreement rather than forming a limited company. That undertaking is known as a partnership. While it is advisable for the parties to draw up a partnership agreements setting out their respective rights and obligations, they do not need to do so and many partnerships are simply verbal or informal agreements. The partners agree as to the extent to which each will input into the business in terms of capital and work, as well as the extent to which they will take profits from the business as and when they arise. Partners owe to each other a responsibility of good faith. So far as the outside world is concerned all partners are jointly and severally liable for the debts of the partnership, whether or not they were concerned in incurring them.

PASSING OFF

passing off is yet another of those civil wrongs known as a tort. A passing off occurs if a person makes goods or services look as they are connected with someone else, who will in most cases be better known. In other words it is an attempt to profit from the established reputation of another. Often where there is a passing off there is also a Trade Mark infringement, as when, for example, someone sells the clothes which they have made with a more famous label attached to them.

PATENT

a patent is one of those rights which come under the general heading of intellectual property. A patent is the right of an individual or company to profit from a particular invention or unique manufacturing process, and must be registered in each country in which they wish that invention or process to be protected by law. Once registered, a person can grant to a third party a license to exploit the invention or process in return for the payment of a fee usually known as a royalty.

PATERNITY

the determination of who the father of a child is in order to arrange child custody and child support in the event of a divorce.

PATERNITY

Paternity defines the relationship between a father and his child and can be determined with a simple DNA test. Even if the children are not biologically the father's there may still be a requirement to pay child support.

PAWNS

In chess, pawns are moved around the board and sacrificed, when necessary, to protect the king and queen. In divorce proceedings, it is very often children who are "pawns," used by their parents to inflict pain, with little consideration as to the suffering of the children themselves.

PENDENTE LITE

temporary arrangements for custody, child support, child visitation, alimony, us and possession of the family home, etc., until a final hearing.

PENSION

In family law, pensions are a part of the family's assets and the value of the pension must be divided. Some pensions - normally government pensions or pensions from large companies - are worth a considerable amount of money, perhaps more than your home. Don't rely on what the employer says the value of the pension is - always obtain an actuarial valuation of the pension.

PERMANENT ALIMONY

a type of alimony that is paid in regular intervals. Permanent alimony may change or be terminated upon the remarriage of the spouse receiving alimony payments.

PERMANENT STIPULATION

a final agreement settling a divorce dispute.

PETITION

a petition is simply an application to a court seeking a legal remedy of some form, such as a divorce petition or a bankruptcy petition.

PETITION FOR DIVORCE

a document stating the basic history of a marriage, the reason for divorce, and the requests being made of the court.

PHYSICAL CUSTODY

a form of child custody that grants one parent the right to live with the child.

PLAINTIFF

the person who started the case.

PLEADINGS

The pleadings are the legal documents that set out your divorce case. They tell the court what you are asking it to order, and why the court should make an order in your favour. Generally, the pleadings consist of the application, the answer (and counterclaim), and reply.

POSSESSORY TITLE

this is the title to land which a person gains through the process known as adverse possession or "squatters rights". For a possessory title to be gained the person must have been in occupation of the land in question for at least 12 years, to have done so openly and not during that time to have had a complaint from the true owner nor acknowledged the right of any other person to the land.

POST

judgment interest

POWER OF ATTORNEY

a power of attorney is the formal grant to another person to act on your behalf - either generally or in certain limited circumstances. A recent development in the law has been the introduction of the concept of the enduring power of attorney - a document by which a person can grant rights to a person to act on their behalf should they become incapable of doing so themselves, but subject to certain safeguards.

PRIMARY PHYSICAL CUSTODY

a custody arrangement where the children live predominantly with one parent

PRO SE/PROPER PERSON

representing yourself in court without an attorney.

PROBATE

a grant of probate is a recognition issued by the court (usually through a Probate Court) in respect of the will of a deceased person. It acts as formal authority to the executors of a will for them to deal with the estate of the deceased person and to start to gather in the estate and then distribute it to the beneficiaries in accordance with the intentions of the deceased. In the case of someone who has died without making a will, those dealing with their estate will receive a grant of letters of administration and they will gather in the estate and then dispose of it according to the normal rules of intestacy.

PROFESSIONAL ORGANIZER

A person who teaches individuals how to become more efficient in getting rid of clutter and developing systems for storing and retrieving information. Using solid techniques and methods, this professional can aid others to overcome procrastination, help those who find it difficult to throw anything away, and/or encourage those who find themselves chronically disorganized.

PROMISSORY NOTE

a promissory note is simply a fancy name for an IOU, a written acknowledgement of a debt owed by one person to another. A bank note is a promissory note issued by the bank upon which it is drawn in favor of the person who has the right to it at any given time.

PROXY

a proxy is simply someone who acts on behalf of another, particularly when voting at a shareholder's or members meeting.

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QDRO

These are legal papers that direct Qualified Plan Administrators and Employers to divide retirement plan assets according to the agreement of the parties. A person, who specializes in handling QDROs can also file documents to protect Retirement Plan Assets during the divorce process.

QUESTIONING

Questioning is when the opposing lawyer asks you questions about anything he or she thinks is relevant to your divorce. Everything you say will be written down by a reporter, who will produce a transcript that can be relied on as evidence by the opposing lawyer. Questioning occurs at a court reporter's office, and not in court. A judge is not present.

QUESTIONS ABOUT DIVORCE

It is common to have questions about divorce: how do I begin, how long will it take, how much will it cost, who will raise our children, who will get our home, etc. Divorce is complicated, but the help of a compassionate, experienced lawyer means that it doesn't have to be confusing. A good lawyer will be prepared to answer all your questions in detail and make you as comfortable as possible with the process of ending your marriage.

QUIET ENJOYMENT

the right of a person to occupy peacefully the land which they own or rent is known as quiet enjoyment. It is for example, one of the rights normally granted by a landlord to a tenant.

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REAL ESTATE AGENT

First level designation of an individual trained and licensed to handle all aspects of buying and selling property

REAL ESTATE APPRAISALS

A real estate appraisal is a way to determine the value of your home or other property. A substantial portion of a married couple's wealth normally consists of the real estate they own. When getting a divorce, it is important to hire an experienced and professional real estate appraiser who can be impartial and arrive at a supportable opinion of value. The reality is that the legal fees involved in arguing about the value of a piece of property can be substantially more than the cost of an impartial appraisal.

REAL ESTATE BROKER

Is licensed by the State at a higher level of expertise than an agent and is able to have his/her own Real Estate Brokerage Firm. Brokers may supervise agents that work under them and can perform all the functions of a real estate agent.

REASONABLE VISITATION

a form of visitation in which the parents work out a schedule of visitation for the non

RECEIVER

a receiver is the person appointed by the court or a creditor to administer the financial and business affairs of a debtor, typically one who is bankrupt or insolvent.

RECONCILIATION

married people getting back together.

RECONCILIATION

Reconciliation literally means "re

REPLY AND COUNTERCLAIM

If you've been served with divorce papers, you need to respond to them. To do this, you prepare a document known as a "reply." In your reply, you set out the areas of disagreement with your spouse, as well as any reasons why the court should not grant your spouse what he or she is seeking. If you would like to ask the court for anything, you also will file a counterclaim, which sets out what you are seeking from the court.

RESIDUAL PHYSICAL CUSTODIAL RIGHTS

a custody agreement when one parent is awarded visitation by a pre

RESIDUARY ESTATE

All the property contained in your probate estate except for property to pay your debts and property that has been bequeathed to particular persons. Thus your residuary estate includes the rest of your real estate and the rest of your personal property.

RESPONDENT

The person filing the application for divorce is called the applicant, while the other party to the divorce is referred to as the respondent.

RESTRAINING ORDER

A restraining order is an order issued by the court to prevent a person from doing something. Most people are familiar with restraining orders that keep a violent spouse away from a spouse who has been physically or mentally abused. In family law, restraining orders may also be issued to stop one spouse from traveling out of the jurisdiction with a child, to keep one party from harassing another, and to prevent someone from disposing of assets.

RESTRICTIVE COVENANT

a restrictive covenant is a term in a contract which prevents someone from doing something during and often for a period following the termination of a contract, for example, working for a competitor. The court will always look at the reasonableness of such a term when asked to enforce it and at the respective bargaining strengths of the parties at the time at which it was entered into.

ROYALTY

a payment made in return for being permitted to exercise a right owned by another person. Most commonly it is allied to the payment made by a publisher or record producer to the author of a book or performer of a piece of music, but it can apply equally to a payment made for producing something by a patented process.

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SALE OR RETURN

if goods are purchased on sale or return it means that if the person purchasing them is unable to sell them on to a third party they may be returned to the producer without needing to be paid for. Normally certain conditions apply to a sale or return dealing with the state of the goods when returned and the time by which the return must take place. The law regards the goods as being owned by the producer until the sale takes place when the title in them passes to the purchaser. The intermediary then becomes liable to pay to the producer the agreed price.

SECURITY

a security is a guarantee given in exchange for the payment of a sum of money.

SEPARATE

In Ontario, there is no such thing as a legal separation. Rather, a separation occurs when one spouse forms an intention to live "separate and apart" and acts on this.

SEPARATION

see "limited divorce."

SEPARATION AGREEMENT

A separation agreement is a contract between two people that is intended to resolve all (or almost all) of the issues outstanding between them as a result of the breakdown of their relationship. A typical separation agreement is arrived at after negotiations between both parties or their lawyers. The agreement typically covers issues such as the division of assets, custody and access, child support and spousal support.

SERVICE

providing a copy of the papers being filed to the other side.

SERVICE

"Service" is the word lawyers use to describe the delivery of a legal document. An application must be served by "personal service," meaning that it must be physically handed to the person. This is normally done by a person known as a "process server." Otherwise, generally, documents are served by fax and courier nowadays.

SETTLEMENT CONFERENCE

A settlement conference is a meeting where the parties to a divorce (and their lawyers) meet in private with a judge to explore ways to settle the issues without going to trial. It is an important step in a divorce case, as if a case is not resolved at this stage, it normally goes on to trial, which is a costly process. If your case does not settle at the settlement conference, normally the presiding judge gives his or her opinion as to how he would decide the case at trial. The weight of this opinion often spurs a settlement soon after the settlement conference.

SHARE

a share is the right of ownership which a shareholder has within a company. The rights which attach to the share are usually set out in the Articles of Association (see above). A company may issue many shares and not all of them need be worth the same amount nor carry the same rights. Unless the articles in some way prevent it, it is possible for a share to be sold to a third party - at which time the third party will become the shareholder in the company.

SHARED PHYSICAL CUSTODY

custody agreement where the children spend half of their time living with one parent and half with the other.

SOLE CUSTODY

a form of child custody that grants one parent the right to legal and physical custody.

SOLICITOR

Client Privilege

SPOUSAL SUPPORT

Spousal support consists of money paid by one spouse to his or her former spouse after separation. Spousal support is sometimes referred to as "maintenance" or "alimony."

SPOUSE

husband or wife.

SUBPOENA

a form issued by the court requiring someone to appear in court and/or bring documents.

SUMMING UP

a summing up is the final set of remarks made by a judge at the end of a case summarizing the facts of the case for the benefit of the jury.

SUPERVISED VISITATION

a form of visitation in which an adult supervisor must be present when the child is visiting with the non

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TABLE

The child support table sets out how much child support you are required to pay, or to which you are entitled. The amount of child support depends on the province in which you live, your income, and the number of children for whom you are paying child support.

TEMPORARY ALIMONY

a type of alimony payment that is made to one spouse pending separation or divorce proceedings.

TENANCY IN COMMON

a tenancy in common is one of the ways (along with a joint tenancy - see earlier) in which two or more people can own an interest in the same land. In a tenancy in common each of the owners has a specifically defined share in the proceeds of sale of the land (although not physically in the land itself) and each may do as they please with that share. Thus, a tenant in common can leave their share by will to their beneficiaries or can sell their share to a third person.

TESTAMENTARY TRUST

A trust that comes into existence at the death of the person creating the Will.

TESTATOR/TESTATRIX

a testator is a man who make a will, a testatrix a woman.

THERAPIST

A licensed mental health professional (Marriage and Family Therapist, Psychologist or Social Worker) trained in the assessment and treatment of emotional, personality and or relationship difficulties. The therapist may function under the CCD Model to help a person move through the transitions of the divorce process. A therapist can help individuals when they are facing emotions that may be overwhelming and interfering with day

THERAPIST

If the emotional process of divorce is especially difficult to deal with, a therapist or divorce counselor may be able to help you cope effectively. If possible, try and find a professional who is experienced at working with clients who are going through the divorce process. Your divorce lawyer will be able to refer you to someone.

TITLE

a person has title to something if they are the legal owner. Thus to be the owner of a freehold in land is to have title to that land.

TITLE OF PROCEEDINGS

The "title of proceedings" is the official name of your court case as it will appear in all records and documents. In a divorce case, the title of proceedings is normally something like: "Mr. Smith vs. Mrs. Smith."

TORT

other sections in this glossary have referred to the concept of a tort or civil wrong. Many different types of wrongs are classified as torts including trespass, nuisance, negligence and defamation. The law of tort is part of what is generally known as the common law, in other words the basic principles go back to a time before the current modern legal system took over, although most torts have been subsequently redefined or clarified either by statute or by the courts in cases.

TRADE MARK

a trade mark is another of those rights, along with a patent and a copyright, which form that branch of the law known as intellectual property. If someone carries on business using a particular device, mark, name, logo or design then they do so with the benefit of a trade mark. Some trademarks are capable of registration, although there are strict rules as to what can and cannot be registered. An attempt by someone to trade under the trade mark of another amounts to a passing off and is actionable in the courts.

TRANSCRIPT

A transcript is the official record of a court proceeding or questioning. It is created from an audio recording of the proceedings.

TRESPASS

trespass is yet another of those civil wrongs known as torts. Put at its simplest, a trespass ins the act of interfering with the rights of another person, either in relation to lands, goods or even the person themselves.

TRIAL

A trial is a formal hearing in a courtroom with a judge. In a divorce trial, each party will have an opportunity to state their claims and offer defences and counter

TRUSTEE

The person or institution responsible for managing a trust according to its terms.

TRUSTS

a whole web site could be filled with an exposition concerning the law of trusts. The concept of a trust is at the heart of many areas of law, including investments, charities, pensions, gifts to minors by will, and is simply the holding of assets by one person (the trustee) for the benefit of another (the beneficiary). Would that it were that simple! The law sets out strict rules as to what the trustee must and must not do in performing his or her duties, and also what liabilities they are subject to in terms of accountability, profiting from the trust and duties generally.

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ULTRA VIRES

meaning literally beyond ones power, an act which is ultra vires is one which is beyond the scope of the authority that a person or organization has. Thus an agent can be ultra vires the scope of his or her agency agreement, a company can act ultra vires the objects contained in its memorandum of association and a local authority or minister can act ultra vires the powers conferred on them by legislation.

UNCONTESTED DIVORCE

when the defendant is not going to try to stop the divorce and there are no issues for the court to decide about the children, money, or property.

UNCONTESTED DIVORCE

a divorce where both parties are able to make a mutually agreed

UNCONTESTED DIVORCE

An uncontested divorce is a legal action for a divorce only: there are no financial issues or issues involving the children. The divorce proceeds on the ground that the spouses have been separated for one year, and there is no dispute that a year has passed since the spouses' separation.

UNDUE INFLUENCE

if a person is subject to pressure such as to cause them to do something which they would not otherwise have done, then they are said to have been subject to undue influence. It occurs most regularly in connection with wills and contracts, and can amount to good cause for them being set aside.

UNUSED VACATION PAY

The definition of property in Ontario is very broad, and includes pretty much everything, including a person's unused vacation pay on the date of separation.

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VALUATION DATE

The valuation date is the date of separation. A person's assets fluctuate in value over time. So, it is important to determine the exact date of separation, which determines the day on which assets are valued for separation purposes.

VENUE

the county where the case is heard.

VIRTUAL ASSISTANT

A person who provides administrative support for small business owners, entrepreneurs, and consultants. He/She handles any needed administrative functions a client requests. Some examples of functions he/she can perform are: making appointments; doing correspondence; preparing marketing materials; maintaining databases; doing internet and telephone research; and customer follow

VISITATION

"Visitation," more properly called "access," is a right granted by the court that permits a parent or other relative to visit a child on a defined basis. You should work to create a visitation schedule in writing so that both you and your ex

VISITATION CENTER

(also known as child access centers) are used by families where the parents are separated or divorced, and have difficulties exchanging the children due to domestic violence, sexual assault or substance abuse. These centers provide a neutral setting in which children can maintain contact with their non.

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WILL

a Will is a document by which a person gives instructions as to what is to happen upon that person's death in so far as property and their remains are concerned. It is a formal set of instructions to those people whom the testator (the person making the will) wishes to carry out his or her instructions (the executors). In most cases it must be in writing, made while the person is of sound mind and body and signed in the presence of two witnesses who must themselves sign the document also. Wills can be deceptively simple documents and should only be made by those who know what they are doing since the person making the will won't be around at the time it comes into effect.

WILL

A will is a legal document that details how you would like your property to be disposed of after your death. When you separate, it is important that you get a new will drafted for you. In Ontario, a separation does not invalidate a will. In Ontario, a divorce invalidates the provisions of a will dealing with your spouse. While this may sound like what you want, it may leave holes in your estate plan that need to be fixed.

WITHOUT PREJUDICE

Settlement negotiations and mediation are generally done on a "without prejudice" basis. This means that anything stated in mediation or in an attempt to settle your divorce can't be used in court. For instance, if you try to settle your case by saying you don't want any spousal support, when you go to court your spouse can't state that you are willing to forgo spousal support, and so should not be awarded any.

WRIT OF SUMMONS

a form issued by the court directing a party to respond to a complaint, motion, or petition.

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