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family law
family law 1, 3, 5
94
Other
Professional
08/29/2012

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Term
marriage
Definition
the legal union of a man and woman as husband and wife, which can be dissolved only by divorce.
Term
heart balm action
Definition
an action based on a broken heart, e.g., breach of promise to marry, alienation of affections
Term
contract
Definition
an agreement that a court will enforce
Term
consideration
Definition
something of value that is exchanged between the parties
Term
statute of frauds
Definition
the statute imposing the requirement that certain kinds of contracts be in writing to be enforceable.
Term
specific performance
Definition
A remedy for breach of contract that forces the wrongdoing party to complete the contract as promised.
Term
compensatory damages
Definition
money paid to restore the injured party to the position he or she was in before the injury or loss: money to make the aggrieved party whole.
Term
punitive damages
Definition
Money paid to punish the wrongdoer and to deter others from similar wrongdoing
Term
heart balm statute
Definition
a statute (sometimes called an anti heart blam statute) that ablokshes heart balm actions
Term
fraud
Definition
knowingly makeing a false statement of present fact with the intention that the plantiff rely on the statement. The plaintiff is harmed by his or her reasonable reliance on the statement
Term
intentional infliction of emotional
distress
Definition
intentionally causing severe emotional distress by extreme or outrageous conduct.
Term
irrevocable
Definition
that which cannot be revoked or recalled.
Term
donor
Definition
The person who gives a gift. The donee receives it.
Term
intestate
Definition
dying without leaving a valid will.
Term
forced share
Definition
a designated share of a deceased spouse's estate that goes to the surviving spouse despite what the will of the deceased spouse gave the surviving spouse.
Term
dower
Definition
a widow's right to the lifetime use of one third of the land her deceased husband owned during the marriage
Term
curtesy
Definition
a shuband's right tot he lifetime use of all the land his deceased wife owned during the marriage (if issue were born of the marriage).
Term
privilege for marital communications
Definition
one spouse cannot disclose in court any confidential communications that occured during the marriage. (this privilege does not apply when the spouses are suing each other.)mixing the races. The marriage or cohabitation of persons of different races.
Term
ceremonial marriage
Definition
a marriage that is enerted in compliance with the statutory requirements (obtaining a marriage license, having the marriage performed by an authorized person.)
Term
proxy marriage
Definition
the performance of a valid marriage through agents because one or both of the prospective spouses are absent.
Term
covenant marriage
Definition
a form of marriage that requires proof of premarital counseling, a promise to seek marital counseling when needed during the marriage, and proof of marital fault to dissolve.
Term
common law marriage
Definition
the marriage of two people who cohabitm hold themselves as husband and wife, and agree to be married even though they do not go through a ceremonial marriage. (In Texas this is called a informal marriage.)
Term
conflict of law
Definition
an inconsistency between the laws of different legal systems such as two states of two countries.
Term
impediment
Definition
a legal obstacle that prevents the formation of a valid marriage or other contract.
Term
putative spouse
Definition
a person who reasonably believed he or she entered a valid marriage even though there was a slgal impediment that made the marriage unlawful.
Term
domestic partners
Definition
individuals in a same-sex relationship (or an unmarried opposite-sex relationship) who are emotionally and financially interdependent and also meet the requirements for registering their relationship with the government so that they can receive specified marriagelike benefits
Term
rational basis test
Definition
discrimination in a law is sonstitutional if the law rationally furthers a legitimate state interest.
Term
strict scrutiny test
Definition
discrimination in a law is presumed to be unconstitutional unless the sate shows complling state interests that justify the discrimination and also shows that the law is narrowly drawn to avoid unnecessary abridgments of constitutional rights.
Term
Defense of Marriage Act (DOMA)
Definition
a federal staute that says one state is not required to give full faith and credit to a same-sex marriage entered in another state.
Term
mini-DOMA
Definition
A staute of state declaring that its strong public policy is not to recognize any smae-sex marriage that might be validly entered in another state.
Term
civil union
Definition
a same-sex legal relationship in Vermont that has the same benefits protections, and responsibilities under Vermont law that are granted to spouses in a marriage.
Term
reciprocal beneficiaries relationship
Definition
a form of domestic partnershipp in Vermont for parties related by blood who are ineligible to forma civil union or marriage with each other.
Term
full faith and credit clause
Definition
Article IV of the US Constitution provides that "full faith and credit shall be given in each state to the public Acts, Records, and judicial Procceedings of every other State."
Term
no fault grounds
Definition
reasongs for granting a divorce that do not require proof that either spouse committed marital wrongs.
Term
uncontested
Definition
Not disputed, not challenged.
Term
collusion
Definition
An agreement between spouses in a divorce proceeding that one or both will lie to the court to facilitate the obtaining of the divorce.
Term
migratory divorce
Definition
a divorce obtained in a state to which one or both spouses traveled before returning to their original state.
Term
dissolution
Definition
a divorce: a court's termination of a marriage.
Term
living apart
Definition
A no-fault ground of divorce that exists when the spouses live separately for a designated period of time.
Term
incompatibility
Definition
such discord exists between the spouses that it is impossible for them to live together in a normal marital relationship.
Term
irreconcilable differences
Definition
such discord exists between the spouses that the marriage has undergone an irremediable breakdown.
Term
adultery
Definition
voluntary sexual intercourse between a married person and someone to whom he or she is not married
Term
co-respondent
Definition
the person who allegedly had voluntary sexual intercourse with a spouse charged with adultery
Term
corroboration
Definition
additional evidence of a point beyond that offered by the person asserting the point.
Term
fornication
Definition
sexual intercourse between unmarried persons.
Term
illicit cohabitation
Definition
fornication between two persons who live together.
Term
criminal conversation
Definition
a tort committed by a person who has sexual relations with the plaintiff's spouse.
Term
cruelty
Definition
the infliction of serious physical or mental suffering on another.
Term
desertion
Definition
one spouse voluntarily but without justification leaves another(without consent) for an uninterrupted period of time with the intent not to return to resume cohabitation.
Term
constructive desertion
Definition
the conduct of the spouse who stayed home justified the other spouse's departure, or the spouse who stayed home refuses a sincere offer of reconciliation from the other spouse who intially left without justification.
Term
get
Definition
a bill of divorcement in a Jewish divorce.
Term
Talak
Definition
"I divorce you." words spoken by a husband to his wife in a Muslim divorce
Term
judicial separation
Definition
a declaration by a court that parites can live separate and apart even though they are still married to each other.
Term
spearate maintenance
Definition
court-ordered spousal support while the spouses are separated.
Term
emancipated
Definition
legally independent of one's parent or legal guardian.
Term
operation of law
Definition
automatically because or the law. Because the law mandates the result, not because a party agrees to produce the result.
Term
domicile by choice
Definition
a domicile chosen by a person with the capacity to choosed. Domicile of origin is place of birth.
Term
domestic relations exception
Definition
federal courts do not have subject matter jurisdiciton over divorce, alimony, or child-custody cases even if there is a diversity of citizenship among the parties.
Term
res
Definition
a thing, object, or status
Term
in forma pauperis
Definition
as a poor person (allowing the waiver of court fees).
Term
pro se
Definition
On one's own behalf. Representing oneself.
Term
guardian ad litem
Definition
a special guardian appointed by the court to represent the interests of antoher.
Term
pendente lite
Definition
while the litigation is going on.
Term
arbitration
Definition
the process of submitting a dispute to a third party outside the judicial system who will resolve the dispute.
Term
mediation
Definition
the process of submitting a dispute to a third party outside the judicial system, who will help the parties reach their own resolution of the dispute. The mediator will not render a decision that the resolves the dispute.
Term
interlocutory
Definition
not final; interim
Term
contempt
Definition
obstructingg or assailing the authority or dignity of the court such as by intentiionally violating a court order.
Term
wirt of execution
Definition
a document directing a court officer to seize the property or someone who lost a judgment, sell it, and pay the winner of the judgement.
Term
garnishment
Definition
a process whereby a debtor's property under the control of another is given to a third person to whom the debtor owes a debt.
Term
constructive trust
Definition
a trust created by operation of law against one who has obtained legal possession of property (or legal rights to property) through fraud, duress, abuse of confidence, or other unconscionable conduct.
Term
adversarial hearing
Definition
both the planitiff and the defendant appear at the hearing or other court proceeding to contest all the issues.
Term
estop/estoppel
Definition
party is prevented form doing something because it would be unfair to allow him or her to do it.
Term
foreign
Definition
another state or country
Term
forum state
Definition
the state in whih the parties are now litigating a case
Term
substituted service
Definition
service of process other than by handing the process documents ot the defendant in person.
Term
subject matter jurisdiction
Definition
a state statute or constitutional provision gives the court the power to hear cases involving the subject matter.
Term
residence
Definition
the place where someone is living at a particular time. a person can have many residences.
Term
Domicile
Definition
The place where someone has physically been with the intention to make that place thier permanent home. It is the place to which one would intend to return when away. A person can only have one domicile.
Term
migratory divorce
Definition
divorce obtained in a state to which one or both spouses traveled before returning to thier original state.
Term
Foreign Divorce
Definition
a divorce decree obtained in a state other than the state where an attempt is make to enforce that decree.
Term
Quickie divorce
Definition
a migrartory divorce obtained in what is often called a divorce mill state.
Term
divorce mill state
Definition
a state where the procedural requirements for divorce are very slight in order to encourage out or state citizens to come in for a divorce and spend money.
Term
collusive divorce
Definition
results in an agrrement or conspiracy betwwen spouses to commit fraud on the court by falsely letting it appear that they qualify prcedurally or substantively for a divorce.
Term
default divorce
Definition
granted because defendant failed to appear in court.
Term
divisible divorce
Definition
divorce judgment that is enforcable only in part.
dissolve marriage
alimony
child support
Term
bifurcated divorce
Definition
a case in shich the divorce itself is tried separately form other issues in the marriage.
Term
bilateral divorce
Definition
a divorce granted when both parites were present
Term
ex parte divorce
Definition
a divorce granted when only one party is present. Court may not have had jurisdiction over the defendant.
Term
dual divorce
Definition
a divorce granted to both husband and wife.
Term
uncontested divorce
Definition
divorce where parties agree. The defendant does not need to be there.
Term
contested divorce
Definition
divorce granted after defendant appeared and contested some or all of the complaints.
Term
Divorce a Mensa et Thoro
Definition
a judicial separation; a limited divorce. The parties are not free to remarry since they are still married.
Term
limited divorce
Definition
a judicial separation; a divorce a mensa et thoro
Term
divorce a vinculo matrimonii
Definition
an absolute divorce. The parties are no longer married. They are free to remarry.
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