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| The body of law that defines relationships, rights, and duties in the formation, existence, and dissolution of marriage and other family units. |
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| A court declaration that a validly-entered marriage is dissolved |
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| The legal union of a man and woman as husband and wife, which can be dissolved only by divorce or death |
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| A contract made by two individuals about to be married that can cover spousal support, property division, and related matters in the event of the separation of the parties, the death of one of them, or the dissolution of the marriage by divorce or annulment. |
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| Something of value that is exchanged between the parties |
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| Giving up a right or privelege by explicitly rejecting it or by failing to take appropriate steps to claim it at the proper time. |
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| Shocking to the conscience; substantially unfair |
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| Confidential Relationship |
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| A relationship of trust in which one person has a duty to act for the benefit of another |
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| Pertaining to the high standard of care that must be exercised on behalf of another. |
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| The principles inherent in the customs, morals, and notions of justice that prevail in a state; the foundation of public laws; the principles that are naturally and inherently right and just. |
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| Sexual relations between unmarried persons or between persons who are not married to each other. |
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| Sexual relations between a married person and someone other than his or her spouse |
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| Pertaining to unlawful sexual relations; vulgar or tawdry. |
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| Lived together as husband and wife whether or not they were married. Also defined as setting up the same household in an emotional and sexual relationship whether or not they ever marry. |
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| A person who shares living quarters whith the householder and has a close personal relationship with (but who is not related to) the householder. |
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| A nonlegal term for payments made by one nonmarried party to another after they cease living together, usually because they entered an express or implied contract to do so while they were cohabitating. |
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| A contract that is not created by an express agreement between the parties but is inferred as a matter of reason and justice from their conduct and the surrounding circumstances. |
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| A contract created by law to avoid unjust enrichment |
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| Receiving property or benefit from another when in fairness and equity the recipient should make restitution of the property or provide compensation for the benefit, even though there was no express or implied promise to do so. |
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| A legal entity that exists when one person holds property for the benefit of another. |
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| 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. |
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| A voluntary contract between two (or more) persons to use their resources in a business or other venture, whith the understanding that they will proportionately share losses and profits. |
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| A person who reasonably believed he or she entered a valid marriage even though there was a legal impediment that made the marriage unlawful. |
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| An action based on a broken heart, e.g. breach of promise to marry, alienation of affections. |
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| An allegation of facts that gives a party a right to judicial relief. A legally acceptable reason to sue. |
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| An agreement that a court will enforce |
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| Something of value that is exchanged between the parties. Can be mutual promises. |
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| The statute imposing the requirement that certain kinds of contracts be in writing to be enforceable. |
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| A remedy for breach of contract that forces the wrongdoing party to complete the contract as promised. |
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| 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. |
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| Money paid to punish the wrongdoer and to deter others from similar wrongdoing. |
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| A statute (sometimes called an anti hart balm statute) that abolishes heart balm actions. |
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| Knowingly making a false statement of present fact with the intention that the plaintiff rely on the statement. The plaintiff is harmed by his or her reasonable reliance on the statement. |
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| Intentional infliction of emotional distress |
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| Intentionally causing severe emotional distress by extreme or outrageous conduct. |
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| That which cannot be revoked or recalled. |
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| The person who gives a gift. |
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| The person who receives a gift. |
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| Dying without leaving a valid will |
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| 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. |
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| A widow's right to the lifetime use of one-third of the land her deceased husband owned during the marriage. |
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| A husband's right to the lifetime use of all the land his deceased wife owned during the marriage (if issue were born of the marriage) |
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| 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. (This privilege does not apply when the spouses are suing each other.) |
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| Mixing the races. The marriage or cohabitation of persons of different races. |
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| A marriage that is entered in compliance with the statutory requirements (e.g., obtaining a marriage license, having the marriege performed {i.e., solemnized} by an authorized person). |
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| The performance of a valid marriage through agents because one of both of the prospective spouses are absent. |
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| 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. |
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| An inconsistency between the laws of different legal systems such as two states or two countries. |
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| A legal obstacle that prevents the formation of a valid marriage or other contract. |
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| A person who reasonably believed he or she entered a valid marriage even though there was a legal impediment that made the marriage unlawful. |
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| Individuals in a same-sex relationship (or in 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. |
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| Discrimination in a law is constitutional if the law rationally furthers a legitimate state interest. |
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| Discrimination in a law is presumed to be unconstitutional unless the state shows compelling state interests that justify the discrimination and also shows that the law is narrowly drawn to avoid unnecessary abridgements of constitutional rights. |
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| Full faith and credit clause |
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Definition
| Article IV of the Unites States Constitution provides that "full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State." |
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| Defense of Marriage Act (DOMA) |
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Definition
| A federal statute that says one state is not required to give full faith and credit to a same-sex marriage entered in another state. |
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| A statute of a state declaring that its strong public policy is not to recognize any same-sex marriage that might be validly entered in another state. |
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| 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. |
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| Reciprocal beneficiaries relationship |
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Definition
| A form of domestic partnership in Vermont for parties related by blood who are ineligible to form a civil union or marriage with each other. |
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| Acceptable reasons for seeking a particular result |
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| Reasons for granting a divorce that do not require proof that either spouse committed marital wrongs. |
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| 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. |
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| Not disputed; not challenged |
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| 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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| A divorce obtained in a state to which one or both spouses traveled before returning to their original state. |
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| A divorce; a courts termination of a marriage. |
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| A no-fault ground of divorce that exists when the spouses live separately for a designated period of consecutive time. |
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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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| Irrenconcilable Differences |
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Definition
| Such discord exists between the spouses that the marriage has undergone an irremediable breakdown. |
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| The person who allegedly had voluntary sexual intercourse with a spouse charged with adultery. |
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| Additional evidence of a point beyond that offered by the person asserting the point. |
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| Sexual intercourse between unmarried persons. |
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| Fornication between two persons who live together. |
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| A tort committed by a person who has sexual relations with the plaintiff's spouse. |
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| The infliction of serious physical or mental suffering on another. |
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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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| 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 justifiation. |
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| A bill of divorcement in a Jewish divorce. |
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| "I divorce you." Words spoken by a husband to his wife in a Muslim divorce. |
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| 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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| Court-ordered spousal support while the spouses are separated. |
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| Legally independent of one's parent or legal guardian. |
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| Automatically because of the law. (A result occurs by operation of law when it happens because the law mandates the result, not because a party agrees to produce the result.) |
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| A domicile chosen by a person whith the capacity to choose. A person's domicile of origin is the place of his or her birth. |
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| (1) The geographic area over which a particular court has authority. (2) the power of a court to act. |
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| 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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| The place of the trial. The county, district, or state where the trial is held. |
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| The formal documents that contain allegations and responses of parties in litigation |
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| The pleading filed by one party against another that states a grievance (cause of action) and thereby commences a lawsuit on that grievance. |
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| On one's own behalf. Representing oneself. |
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| A special guardian appointed by the court to represent the interests of another. |
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| Steps that a party can take before trial to obtain information from the other side in order to prepare for settlement or trial. |
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| While the litigation is going on. |
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| Preponderance of the evidence |
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| A standard of proof that is met if the evidence shows it is more likely than not that an alleged fact is true or false as alleged. "majority of the evidence" |
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| Privilege for marital communications |
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Definition
| One spouse cannot disclose in court any confidential communications that occurred between spouses during the marriage. |
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| A judgement rendered when the other side failed to appear. |
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| The process of submitting a dispute to a third party outside the judicial sytem, who will ender a decision that resolves the dispute. |
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| 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. This person will not render a decision that resolves the dispute. |
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| Obstructing or assailing the authority or dignity of the court such as by intentionally violating a court order. |
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| 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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| 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. |
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| 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 act. |
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| A same-sex legal relationship in Vermont that grants the same benefits, protections, and responsibilities under Vermont law that are granted to spouses in a marriage. |
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