Affidavit:  A written signed statement made under oath.

Answer:  The written signed response to a Complaint, Petition or Motion.

Child Support Guidelines:  The court must calculate support using daycare expenses, medical expenses, extraordinary medical expenses, other existing child support order(s) and the income of both parties.

Co-Parenting Education Seminar:  A court-ordered seminar or class which helps parents develop a cordial, functional relationship and assists parents in communicating without conflict.  Intended for parents who have children 0-17 years of age.

Complaint or Petition:  A document, when filed with the court, that starts a case.  The Complaint or Petition must be properly served on all of the other party(ies).  See the definition of Service on page 41 for more details.

Contempt:  The court can issue a Show Cause Order that has to be served on the other party(ies).  If the other party is failing to comply with the provisions of the court order, you can file for contempt.

Contested:  A hearing will be take place if the parties are not in agreement with a particular issue, the matter is contested.

Custodial Parent:  The parent who has primary care and physical custody of the child(ren).

Custody:  The arrangements regarding:

• Physical custody: with whom the child(ren) will live.
• Legal custody: how important decisions about the child(ren) will be made.
• Joint legal custody: decisions about major issues will be made by both parents.
• Sole legal custody: one parent makes the decisions about the child(ren).
• Joint physical custody: the child(ren) will live more or less equally with both parents.
• Sole or primary residential or physical custody: the child(ren) live(s) mostly with one parent.Often a schedule for visitation with the other parent is included.

Default:  If a party fails to file a written Answer to a Complaint, Motion or Petition with the court.  The case may proceed to a hearing without the opposing party being present.  At the hearing all of the relief requested may be granted.

Defendant or Respondent:  The person against whom the case is brought and from whom relief is sought.

Deny:  A judge or master does not grant the request for relief.

Divorce:  There are two types:

• Limited Divorce:A legal separation that establishes certain legal responsibilities and settles certain issues.It does NOT end the marriage.  The parties CANNOT remarry.
• Absolute Divorce:The ending or dissolution of a marriage.  Both parties are legally free to remarry.

Grant:  The judge or master approves or allows the relief requested.

Grounds for Divorce:  The legal basis or specific circumstances under which a divorce will be granted.  A corroborating witness must testify and provide proof for basis of divorce.

Judge:  A public official authorized to decide questions brought before the court. 

Marital Property:  Includes all property acquired during the marriage, even if it is not titled in both names.  Property issues cannot be revisited once the divorce is final.  You are strongly encouraged to seek an attorney for assistance regarding property issues.

Magistrate:  Conducts court proceedings in family law cases and juvenile matters and makes recommendations.  A magistrate’s recommendations are approved by a judge before becoming a Final Order.

Mediator:  Neutral person who encourages discussion and assists parties by reaching an agreement.

Merits Hearing:  The final hearing on a Complaint, Petition or Motion.  Evidence is presented, and witnesses testify under oath. 

Motion:  A written request to the court.  A copy of any Motion must be mailed to the other party(ies). 

Non-Custodial Parent:  The parent who does not have primary care and physical custody of the child(ren).  May have an obligation to pay child support.

Oath:  Commitment to tell the truth.

Party:  The person(s) as being legally involved in a case.  These names appear in the case caption of most legal documents filed in the case.  For example, Plaintiff, Petitioner, Defendant or Respondent.

Pendente Lite:  Temporary custody, child support, alimony, use of property until a final merits hearing is held.

Petition:  See Complaint.

Petitioner:  See Plaintiff.

Plaintiff or Petitioner:  The person who initiates the opening of a case and requests relief from the court.

Pleadings:  A Complaint/Petition/Motion or an Answer filed in a case stating the person’s position and requesting relief.

Pre-Trial/Status Conference:  A meeting with the master or the judge to determine the status of the case before the merits hearing or to determine the completion any family services ordered.  Settlement options will be explored.

Pro Se/Self-Represented Party:  A party who participates in a case or who appears in court without a lawyer.

Respondent:  See Defendant.

Scheduling Conference:  See Settlement Conference.

Settlement Conference & Scheduling Conference:  A court meeting held with a master or judge, where issues are identified and discussed.  The parties may request that the court order services, studies or evaluations.  Mediation may be ordered.  Dates and deadlines are set for future events in the case.  Settlement options will also be explored.

Service:  Ensuring that a copy of the Complaint and Summons are delivered to the opposing party by a person not involved in the case who is over the age of 18 years.  Service may be obtained by private process, certified mail or by the Sheriff’s Office ($40.00 fee).  An Affidavit of Service must be filed and signed by the server indicating how and when service was made.

Show Cause Order:  A Show Cause Order is an order of the court, directing a party in a case to appear for a hearing on a certain date to explain why the Judge should not issue a specific order or make a certain finding.

Subpoena:  Form issued by the Clerk’s Office directing a person to appear and testify or to bring documents to a court proceeding on a specific date and time. 

Summons:  A form issued by the clerk’s office directing a party to respond in writing to a Complaint, Motion or Petition, within a certain specified amount of time.

Uncontested:  No issues left to resolve.

Witness:  A person who testifies under oath, in court to provide facts about a case.