Glossary of Legal Terms

Affidavit - A sworn statement

Alimony - money payment to a spouse for the purpose of support.  It may be termed as (1) rehabilitative, (2) transitional, (3) lump sum, (4) permanent, (5) periodic;

• Rehabilitative - is when the court decides that a spouse only needs money for a period of time that will allow them to go back to school, gain new job skills, or get a professional certification. This is for a set time and a set amount, but is modifiable.
• Transitional - is when the court decides that a spouse needs financial assistance just for a period of time that will allow them to adjust to a single household. This is for a set time and a set amount. It is not modifiable.
• Lump sum - is when the court grants a lump sum amount of money to help pay attorney's fees or transition the household.  It is one amount that is generally due immediately. It is not modifiable.
• Periodic - often referred to as in futuro, this is a payment that continues until the receiving spouse dies or remarries (or cohabitates). It is a set amount, but it is modifiable.

Alternate residential parent - this term is used to describe the parent who has less than 50% of the time with the children in the parenting plan

Appeal - a written argument submitted to a panel of judges and often requiring a legal argument by your attorney

Arrearage - the amount of money due for child support or alimony that is past due

Business Valuation - the value placed on a business, which should be calculated as a fair market value for an "arm's length" transaction

Certificate of Readiness - A document filed with the court telling the court you are ready to case the final hearing

Child support - money paid for the care of one's minor child, esp. payments to a divorced spouse or a guardian under a decree of divorce. Child support is based on the policy that parents are obligated to pay for the support of their children, even when the children are not living with both biological parents.

Child support guidelines - in the United States, the federal government requires all states to have guideline calculations that can be verified and certified. These are usually computer programs based upon certain financial information including, earnings, visitation, taxes, insurance costs, and several other factors.

Complaint - the original request you make to the Court for relief against the opposite party, putting the opposing party on notice of the law suit

Contempt of Court -

• Criminal contempt is when the court jails a person for not performing an act in violation of the court order.
• Civil contempt is when a person is jailed until they comply with a court order.

Court - The trial court is where your trial will take place; the Court of Appeals is the higher court where attorneys argue about all the things they think the trial courts do wrong

Court reporter - a professional stenographer who records testimony and transcribes it. The court reporters transcript is deemed to be an accurate record of the testimony and court statements

Custody or Custodial parent - the term custody is no longer used by the court. Previously it referred the person in possession of the children for the majority of the time

Decree - order; A final decree is a final order

Default - when a person fails to respond to a court action, the other can get a default judgment against them. This is why it is so important to consult an attorney when a lawsuit has been filed against you

Dependent and Neglect - any person who believes that a child has been abused or neglected can seek custody under a dependent and neglect petition. Sometimes the State will bring this action for children who are abused

Deposition - oral testimony taken with an official stenographer outside of the courtroom. Your attorney will depose, or ask questions of the opposing of the litigation. The opposing attorney will depose you. A transcript will be made and the testimony taken can later be used in a trial

Discovery - the process of getting information, admissions and documents from the opposing party. This will include a list of questions regarding every part of your lawsuit

Docket - the list of cases set to be heard on any given day

Educational Seminar - a four-hour class for divorcing parents with minor children which must be completed prior to the entry of a final decree of divorce

Enrichment expenses - under the child support guidelines, the court should consider the costs of expenses such as private school, Boy Scouts, sports, summer camps, etc. when setting the child support

Equitable division - several factors are considered in dividing the marital estate. Although parties often look to an equal distribution, other factors, such as each parties ability to earn in the future, may effect the division

Evidence - anything that can be used in court to prosecute or defend a claim, testimony, documents, summaries; each must be relevant and material

Final Order or Final Decree - the order of the court

Hearsay - saying what another person (other than the opposing party) said to you

Imputed Income - the child support guidelines allow you to set an income level for a person, if they fail to produce sufficient evidence of their income or if they are voluntarily under-employed

Income and Expenses Statement - a summary of your monthly income and expenses, used by the court to determine support payments during a divorce proceeding or at the final hearing

Interrogatory - a written request for written responses to questions giving additional information about the opposing party (part of discovery)

Joint custody - this term is no longer used, but often parties starting a divorce process use this term to describe a shared parenting residential schedule in which the parties divide the children's time equally

Marital Dissolution Agreement - a written, contractual agreement between divorcing parties that establishes the division of the property and debts and establishes alimony, if required

Marital Property - property that is acquired, accumulated, or earned during the marriage

Mediation - an alternative to litigation in settling the issues of your divorce and child placement. Both parties (and sometimes their counsel) meet with a third party neutral trained in negotiating processes to attempt to reach a mutually acceptable resolution

Motion - a pleading filed with the court asking the court to rule on something and requiring the appearance of your attorney before the judge and the opposing attorney

Non-custodial parent - this term is no longer used by the courts, but previously it referred to the parent with less time with the children

Notary - a person authorized by the State of Tennessee to certify the authenticity of a person's signature

Order - an order signed by a judge proclaiming the rights of the parties

Order of Protection - an order issued by the Court which prohibits a person from coming around, threatening, or abusing another person

Parent Education Seminar - a four hour seminar on co-parenting after a divorce, required by the Court in all divorces where there are children

Parenting Plan - a document required by the Courts in divorces where there are children involved. It sets out residential time, child support, tax deductions, decision making, and travel arrangements

Paternity - a court action to determine the parentage of a child when born out-of-wedlock

Pendente lite - any action or order done during the course of the lawsuit

Petitioner - the person initiating a court action, similar to plaintiff

Plaintiff - the person initiating the court action, similar to petitioner

Pleading - any formal paper filed with the Court in your case

Power of Attorney - a document giving one person the legal authority to act in behalf of another, it can be general giving broad authority or special giving only limited authority

Pre-nuptial / Pre-marriage agreements - a contract between two parties who are about to marry which sets forth property rights should the parties end the marriage

Primary residential Parent - used to describe the parent who has 50% or more of the residential time with the children in the parenting plan

Production of Documents -

Qualified Medial Child Support Order - an order entered for the purposes of requiring a parent to provide health insurance coverage to a minor child; directing an employer to allow the coverage

Qualified Domestic Relations Order (QDRO) - an order entered after the entry of the final decree establishing the rights of the parties to any property protected by ERISA (employee retirement income security act) or set to be distributed as retirement funds (i.e. 401k)

Quit Claim deed - a document that transfers ownership of real property from one person to another

Record - the sum total of all evidence, testimony and documents filed with the Court in your lawsuit

Respondent - the person responding to the court action, also referred to as defendant

Request for Admissions - a list of statement sent to the opposing party to get them to admit to certain facts

Request for Production of Documents - a written request for certain documents to be produced that will give you more information about the opposing party

Restraining order - an order from the Court that keeps a person from performing some act

Revocable Living Trust - a document that allows you to manage your affairs and distribute your assets after death without going through probate

Settlement conference - a meeting between opposing sides of a lawsuit at which the parties attempt to reach a resolution of their dispute without having to proceed to a trial.

Statement of Issues - a document prepared by your attorney before you go to trial setting forth all the issues to be raised in the proceeding and a proposed division of the assets and liabilities

Stipulation - an agreement made between opposing parties prior to a pending hearing or trial. For example, both parties might stipulate to certain facts, and therefore not have to argue those facts in court.

Summons - a court form used to serve the complaint and putting the opposing party on notice that they must answer the complaint

Subpoena - a court form used to require a person to appear before the court or at a deposition

Temporary Restraining order - an order from the Court that keeps a person from performing some act until the case can be heard by the judge (usually within 15 days)

Witness - a person presented to the court to offer testimony regarding the case before the court

Work related childcare - childcare required for a parent to maintain employment