Term
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Definition
| Acceptable reasons for seeking a particular result |
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Term
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Definition
| reasons for granting a divorce that do not require proof that either spouse committed marital wrongs |
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Term
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Definition
| a form of marriage that requires proof of pre-marital counseling, a promise to seek marital counseling when needed during the marriage, and proof of marital fault to dissolve. |
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Term
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Definition
| not disputed; not challenged |
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Term
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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. |
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Term
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Definition
| a divorce obtained in a state to which one or both spouses traveled before returning to their original state. |
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Term
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Definition
| a divorce; a court's termination is a marriage. |
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Term
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Definition
| a no-fault ground of divorce that exists when the spouses live separately for a designated period of consecutive time. |
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Term
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Definition
| such discord exists between the spouses that it is impossible for them to live together in a normal marital relationship. |
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Term
| irreconcilable differences |
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Definition
| such discord exists between the spouses that the marriage has undergone and irremediable breakdown |
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Term
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Definition
| voluntary sexual intercourse between a married person and someone to whom he or she is not married. |
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Term
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Definition
| the person who allegedly had voluntary sexual intercourse with a spouse charged with adultery |
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Term
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Definition
| additional evidence of a point beyond that offered but the person asserting the point. |
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Term
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Definition
| sexual intercourse between unmarried persons |
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Term
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Definition
| fornication between two persons who live together. |
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Term
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Definition
| a tort committed by a person who has sexual relations with the plaintiff's spouse. |
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Term
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Definition
| one spouse voluntarily but without justification leaves another (who does not consent to the departure) for an uninterrupted period of time with the intent not to return to resume cohabitation. |
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Term
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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 initially left without justification. |
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Term
| fault grounds for divorce |
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Definition
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Term
| defenses to the fault grounds for divorce |
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Definition
collusion
(parties committed fraud on court)
connivance
(willingness or consent by one spouse that the marital wring be done by the other spouse)
condonation
(express or implied forgiveness by the innocent spouse)
recrimination
(plaintiff has also committed a serious marital wrong)
provocation
(the plaintiff incited the acts that led to the wrong) |
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Term
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Definition
| "I divorce you." words spoken by a husband to his wife in a Muslim divorce |
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Term
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Definition
| a declaration by a court that parties can live separate and apart even though they are still married to each other |
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Term
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Definition
| court-ordered spousal support while the spouses are seperated |
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Term
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Definition
| the place where someone is living at a particular time (beach house, apartment, etc) |
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Term
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Definition
| the place where someone has physically been and with the intention to make that place his or her permanent home. |
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Term
| subject matter jurisdiction |
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Definition
| the power of the court to hear cases. |
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Term
| domestic relations exception |
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Definition
| federal courts do not have subject matter jurisdiction over divorce, alimony, or child-custody cases even if there is diversity of citizenship among the parties |
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Term
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Definition
1) subject matter jurisdiction (court can hear the case)
2) in rem jurisdiction (court can dissolve the marriage)
3) personal jurisdiction (court can order defendant to pay alimony, child support or property division obligations) |
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Term
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Definition
1) pleadings (complaint, answer, summons, counterclaim)
2) guardian ad litem
3) waiting period
4) discovery
5) preliminary orders |
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Term
| privilege for marital communications |
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Definition
| one spouse cannot disclose in court any confidential communications that occurred between the spouses during the marriage |
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Term
| alternative dispute resolution (adr) |
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Definition
arbitation
rent-a-judge
mediation
med-arb |
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Term
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Definition
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Term
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Definition
| a document directing a court officer to seize the property of someone who lost a judgement, sell it and pay the winner of the judgement. |
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Term
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Definition
| a trust created by operation of law against one who had obtained legal possession of property for legal rights to property through fraud, duress, abuse of confidence or other conscionable conduct |
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Term
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Definition
| civil contempt, garnishment, posting security, receivership, and constructive trust |
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Term
| best interest of the child |
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Definition
| a standard decision based on what would best serve the child's welfare |
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Term
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Definition
| mothers should be awarded custody of their young children, since they are more likely to be better off raised by their mothers than by their fathers. (courts no longer use) |
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Term
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Definition
| the right to decide where the child will reside and the actual residence of the child |
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Term
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Definition
| the parent with physical custody |
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Term
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Definition
| the right to make the major child rearing decisions on health, education,k religion, discipline, and general welfare |
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Term
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Definition
| the right of both parents to have the child reside with both for alternating periods of time |
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Term
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Definition
| siblings are in the physical custody of different parents |
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Term
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Definition
| a special guardian appointed but the court to represent the interests of another |
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Term
| Custody decision based on: |
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Definition
parent vs. parent
court discretion
stability
availability
emotional ties
legal preferences
morality and lifestyle
domestic violence
religion
race
wishes of the child
expert witnesses |
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Term
| parental alienation syndrome |
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Definition
| a disorder suffered by some children at the center of a custody dispute. They idealize one parent while expressing hatred for the other, even though the relationship with both parents was relatively positive before the dispute. |
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Term
| primary caregiver presumption |
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Definition
| the primary person who has taken care of the child should have custody |
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Term
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Definition
| an adult who is not legally responsible for the care of a child but who has formed a substantial emotional bond with the child |
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Term
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Definition
| seeking a court that will be favorable to you. |
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Term
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Definition
| while the litigation is going on |
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Term
| uniform interstate family support act (UIFSA) |
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Definition
| A state law on establishing and enforcing support obligations against someone who does not live in the same state as the person to whom the support is owed |
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Term
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Definition
| the personal jurisdiction that a state acquires over a nonresident defendant because of his or her purposeful contact with the state. |
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Term
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Definition
| a state agency that attempts to enforce child support obligations. |
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Term
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Definition
| the state in which a support case is filed in order to forward it to another state. |
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Term
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Definition
| the state to which a support case is forwarded from initiating state for enforcement proceedings under UIFSA |
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Term
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Definition
| a divorce decree that is enforceable in another state only in part |
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Term
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Definition
| a required method of determining the amount of child support that must be paid |
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Term
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Definition
| one who has a legal obligation |
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Term
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Definition
| the person to whom a legal obligation is owed |
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Term
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Definition
| payments that are due but have not been made (also called arrears) |
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Term
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Definition
| income that will be assumed to be available regardless of whether it is actually available |
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Term
| state parent locator services |
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Definition
| a state government that helps locate parents who fail to pay child support |
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Term
| family violence indicator (fvi) |
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Definition
| a designation placed on a participant in a child support case indicating that he or she may be a victim of child abuse or domestic violence |
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Term
| qualified medical support order |
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Definition
| a court order requiring that a group health plan provide benefits for the child of a parent covered under the plan. |
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Term
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Definition
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Term
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Definition
| die without leaving a valid will |
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Term
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Definition
| die without leaving a valid will |
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Term
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Definition
| the steps that enable an illegitimate child to become a legitimate child |
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Term
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Definition
| a formal process to determine whether a particular man is the biological father of a particular child |
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Term
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Definition
| a judicial determination of paternity; the relation of a child to father |
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Term
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Definition
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Term
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Definition
| when a judgement on the merits has been rendered, the parties cannot re-litigate the same dispute |
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Term
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Definition
| the testimony of either spouse is inadmissible on the question of whether the husband had access to the wife at the time of conception is such evidence would tent to bastardize the child |
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Term
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Definition
| genetic testing on deoxyribonucleic acid removed from cells |
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