DRD Legal Terminology Page

This page is under construction

 

Last Updated on
10/15/07

 



Under Construction

This is the Legal Terminology page to explain various abbreviations or terms used on the Blog...
If you find terms I use that are not immediately clear, please email a suggestion or make a comment to the Blog....

These definitions are my layman's explanation and contain my observations and opinions, for an official legal definition consult a legal dictionary.  Terms followed by an asterisk* are slang terms I have used related to legal concepts and aren't found in legal dictionaries. As mentioned in the legal notice you are encouraged to seek professional advice, this is not a substitute.


AffidavitA sworn statement submitted in lieu of testimony.
AJEAgreed Judgment Entry
BIC*Best Interest of the Child - an often used meaningless line of rhetoric so the system can feel good about all the things they do that are not BIC
ComminglingMixing funds so that they can not be distinguished from a legal or financial forensics perspective.  Becomes big issue for pre-marital vs marital property.
CPOCivil Protection Order - an order prohibiting contact in case of Domestic Violence (was not an  issue in my case, here for completeness).
CPSChild Protective Services - an agency tasked with protecting children, but as with many government bureaucracies it can be inefficient and abused as a weapon for custody battles.
CYA*Cover Your Ass
Deadbeat*An often used phrase that does not take into account that the enforcement agency has less than a 50/50 chance of having your status correct, especially when the agency is misused by a skillful opponent.
DepositionA method of discovery where someone is questioned under oath and the answers are recorded by a court reporter.  This may be used to ensure testimony does not change.
DiscoveryThe process of gathering evidence for trial.
DocketA summary of items related to case, usually available online, contains parties, their representation, court costs, judge/magistrate assigned, status, next action.  A list of motions, decisions, agreed judgment entries, orders, scheduling entries.  Upcoming scheduled hearings will usually contain a list of motions to be heard.
DOPO Division of Property Order
Ex ParteA motion that can be decided on without the opposing party being present. This may be listed in the courts local rules.
GroundsThe reason for the divorce although this is a hold over from the past when divorce required a reason and nearly all states allow a no fault grounds for divorce such as Irreconcilable differences.  Even if a grounds exists (like infidelity), a no-fault grounds is also often used so that the grounds do not need to be proved.
InterrogatoryA method of discovery where written questions are submitted and written responses under oath are required.
JE Judgment Entry
Local RulesEach  court has published local rules that you should be aware of.  They will explain the format of court documents, various procedures and processes.
NCPNon-Custodial-Parent - the looser parent in the divorce who has no control of what happens to his child and is only visited
No FaultA divorce concept started in California and now the defacto standard in all states even those that have grounds.  In states that have grounds for divorce the "Irreconcilable differences" grounds provides the loophole for obtaining a divorce for no specific reason.
Pearl Harbor File*A file of dirt you keep in case things go south and you need to drop a "bomb" to regain leverage.
Pendente LiteMotion made in pretrial  for spousal support (alimony) and child support
PERSPublic Employees Retirement System
POProtection Order - see CPO
QDRO Qualified Distribution Order, used to split ownership interest in pensions.
Quit Claim Deed Allows the party who will control the house to remove the spouse from the deed,
Residential Parent*Parent where child lives.  Winning Parent, who has rights and can abuse the rights of NCP.
RORestraining Order - See TRO
Rules of Evidence
SubpoenaA discovery method where someone is ordered to appear in court.
Subpoena ---A discovery method where someone is ordered to turn over documents.
TROTemporary Restraining Order - The word temporary is a bit of a misnomer, it will likely be in force until final decree and may become a permanent order as part of the final decree


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