Once the Defendant Answers the Contempt Can the Plaintiff Respond Again
A B C D E F G H I J Yard L G N O P Q R S T U V W X Y Z
A
Abandonment: A reason for divorce. Abandonment occurs when one party has left the other for a continuous menses of i twelvemonth or more, without the party's consent, and without justification (good crusade).
Acknowledgment: A formal statement made in front of a notary public, who signs a document and confirms that the signature is accurate.
Action: A lawsuit taken to courtroom.
Addendum: An additional document or phrase attached to the original document.
Adultery: A reason for divorce. Adultery is any sexual human action, or deviate sexual act (as defined in the Penal Code), with some other person at a time when that person has a living spouse.
Affidavit of Service: A document signed past a non-party who has served whatsoever papers in a lawsuit such as the Summons and Verified Complaint containing an adjuration that the papers were properly served. When completed, it is submitted with these papers.
Note: One party cannot serve some other. This sworn argument must give the date, time, place, the way it was served, and a description of the person who is given the documents.
Understanding: A formal written understanding between two people apropos their respective rights and their duties to each other.
Alternative Dispute Resolution: (ADR) refers to a diversity of processes that help parties resolve disputes without a trial. Typical ADR processes include mediation, mediation, neutral evaluation, and collaborative law. These processes are generally confidential, less formal, and less stressful than traditional court proceedings.
Ancillary Relief: In an action for divorce, additional or other help asked for beyond a judgment of divorce, such as maintenance (formerly called "alimony") payments, division of property, responsibility for debts (bills), child support, etc. (See Equitable Distribution, Maintenance, Marital Property)
Annulment: A court declaration that states that a spousal relationship was never legally valid. After an annulment, the parties are gratuitous to remarry.
Answer: The response to the complaint. In a divorce activeness, the answer must exist verified. (See Verified)
Attachment: Seizure of a debtor'south property by order of the courtroom . The court takes the property of someone who owes money to another to whom a debt is owed.
Attorney for Child: An attorney appointed by the court to represent a child in contested custody matters (formerly known as a Law Guardian).
B
Burden of Proof: A party'south duty to testify the truth of his or her claims (charges against someone else) in the lawsuit.
C
Agenda Number: The number assigned to a lawsuit by the courtroom when the case is scheduled for trial past the court. Information technology is dissimilar from the Index Number that is assigned when the first papers are filed with the County Clerk. A split fee is charged for the Calendar Number. (See Note of Outcome)
Caption: The title of a pleading, move, or other courtroom filing showing the names of the Plaintiff and Defendant, the name of the courtroom, the court part and the Alphabetize Number.
Crusade of Activity: A grouping of facts giving ascent to ane or more legal reasons for suing; a factual situation that entitles 1 person to obtain a decision from the court against the other person if proven in courtroom.
Change of Venue: The transfer of a lawsuit from one canton to another.
Child Support: Money paid by one parent to another for a kid's expenses afterward separation and/or divorce.
Child Support Standards Act (CSSA): The Law that determines kid back up obligation. Charts are available to assist.
Clerk: A courtroom official who handles filings, motions, pleadings, etc.
Cohabit: To live with, and usually have sexual relations with, another person (generally of the opposite sex).
Collaborative Police: Procedure in which couple hire specially-trained lawyers and other professionals who work to assist them resolve their conflict out of court.
Commingle: When one mixes separate funds or properties into a mutual fund or bank account.
Complaint: The initial pleading to a courtroom in a civil matter, written past the Plaintiff or his/her attorney. In a divorce action, information technology contains the Plaintiff'due south allegations of his or her reasons for divorce, and it must exist verified. (See Verified, Run into also Summons)
Constructive Abandonment: A reason for divorce. This is when the 1 political party has refused, without justification, to have sexual relations with the other, continuously for a flow of i yr or more, without that party's consent.
Contempt: The willful disregard and disrespect of a court society of the judge 's authority. Behave that defies the say-so or dignity of a court. Information technology is usually punishable past fine or prison house or both.
Contested Divorce: A divorce action which is opposed.
Corroborate: To prove a statement, statement, etc. with confirming facts or evidence.
Counterclaim: A merits past the Defendant against the Plaintiff written in the Verified Answer. A Verified Answer responds just to the allegations (charges) in the Verified Complaint. A counterclaim may be added to the Verified Answer to say that the Defendant likewise wants a divorce from the Plaintiff and states Defendant's reasons for the divorce.
County Clerk's Office: The role wherein an Index Number and Calendar Number for court proceedings are obtained, court filing fees are paid and court papers are filed and permanently maintained. In many counties, this part is located in the same building as the Supreme Court. If not, the Clerk in the Supreme Court building can direct yous to the Canton Clerk'south office.
Savage and Inhuman Treatment: A reason for divorce. Cruel and inhuman treatment consists of cruelty, whether physical, verbal, sexual or emotional, committed by the Accused, confronting the Plaintiff, that endangers the Plaintiff's concrete or mental well-beingness and makes living together either unsafe or improper.
Custody, Legal: The legal correct to make major decisions affecting a child nether the age of 18.
Custody, Physical: The actual physical care and control of a kid under the age of 18. The person with concrete custody ordinarily provides the kid's primary residence.
D
Default Judgment: A divorce judgment that is obtained against the Defendant when the Defendant fails to respond to either: (a) the Summons and Verified Complaint; or (b) the Summons With Notice, for the divorce within the time allowed by law.
Defendant: The person confronting whom (the person who is served) the divorce activeness is brought.
Deposition: A person's out-of-court, sworn testimony that is reduced to writing (usually past a courtroom reporter) for subsequently use in the lawsuit. Except for a judge non beingness present, it is conducted in a fashion similar to trial. Also known as an Exam Before Trial (EBT)
Discontinuance: A volunteer ending of a lawsuit.
Discovery: Required disclosure, at a party'due south request, of information that relates to the litigation. In divorce cases, information technology usually relates to fiscal information. Upstate, disclosure tin can likewise relate to grounds for divorce and custody issues.
Dissipation: The wasteful use of an asset for an illegal or inequitable purpose, such as a spouse's use of marital property for personal benefit when a divorce is imminent. Information technology is intended to deprive the other spouse of the use and enjoyment of the asset.
Divorce: The legal ending of the wedlock between a hubby and wife and then that each is gratis to marry again.
Domestic Relations Law (DRL): Contains the requirements of New York State law that are followed for divorce and other related matrimonial actions and proceedings.
E
Earning Chapters: A person'due south ability or power to earn money, given the person's talent, skills, training and experience.
Egregious: Extremely or remarkably bad; shocking.
Emancipation: The release of a child from the responsibility and control of a parent or guardian. Under New York law, kid back up must exist paid until the age 21. If a kid marries, enters the armed forces or becomes self-supporting, before turning 21, the courtroom may consider the child emancipated, and child support may be terminated.
Enjoin: To legally prohibit or restrain past a court injunction (lodge).
Equitable Distribution: The way marital holding must be divided by police in a divorce action in New York State. Equitable distribution does non necessarily hateful 50% of ane asset to ane party and fifty% to the other. Distribution is based on various factors presented to the courtroom.
Evidence: Something (including testimony, documents and tangible objects) that tends to bear witness or disprove the existence of an alleged fact.
Exhibit: A document, record, or other tangible object formally introduced as show in court.
Ex Parte (Communication): An application or statement fabricated to the court by one party (including counsel) to a proceeding without notice to, or in the absenteeism of, the other party. This blazon of communication to the court is mostly prohibited, except for scheduling issues.
Proficient: A person who, through didactics or experience, has developed skills or knowledge of a detail subject, so that he or she may form an opinion that will assist the judge or jury in making a decision.
F
Family unit Court: The Family Court in New York Country has the jurisdiction to hear cases involving child support, custody, visitation, spousal support and family offenses (Orders of Protection). A divorce action cannot be heard in this court.
Fiduciary: One who must use a loftier standard of intendance in managing another'south money or property.
Finding of Fact: A conclusion past a judge or jury of a fact as proved past the evidence in the tape, usually presented at the trial or hearing.
Forensic: Used in courts of law. It relates to the awarding of a item subject of expertise such as medicine, science or accounting to the law.
G
Good Organized religion: Honesty of intention; absence of intent to defraud.
Grounds: Legally sufficient reason for granting of divorce in Supreme Court.
Guardian advert litem: A guardian, usually a lawyer, appointed by the court to assistance a pocket-size or incompetent person in a lawsuit. In a divorce case, the guardian ad litem does not act every bit an attorney for the kid, but reports to the courtroom on what is in the child'south best interests.
H
Hearsay: Testimony that is given past a witness who tells not what he or she knows personally, simply what others accept said which is therefore dependent on the credibility of someone other than the witness. That testimony is mostly inadmissible under the rules of evidence.
I
In Photographic camera Inspection: A trial judge'south private consideration of show. Typically, sensitive information about child custody or business records are reviewed in camera, not in open up court.
Index Number: The unique number assigned by the County Clerk'south office to every activity or proceeding commenced inside the New York State Supreme Court. The number is used to identify a case in that court, and should be indicated on all papers served on the parties and filed with the courtroom. The number is either: (a) purchased; or (b) obtained later a Poor Person Application is filed and canonical by the court.
Interrogatory: A written question or a ready of questions given to the other party in a lawsuit as function of discovery.
Irretrievable Breakdown: the relationship is incommunicable to repair for a period of at least six months.
J
Judgment of Divorce: A certificate signed by the court granting the divorce.
Jurisdiction: The dominance of a court to deed in detail matters.
L
Law Guardian: (see Attorney for Child).
Chiliad
Maintenance: Support paid by one party to the wedlock for the back up of the other party to the marriage pursuant to a last Judgment of Divorce (sometimes also referred to as "post-divorce maintenance" or "spousal support")
Marital Belongings: Any holding, regardless of which person is named as owner, that the Plaintiff or Accused obtained from the date of matrimony to the beginning of the divorce action. A house, car, IRA, depository financial institution account(s), alimony, annuity, business and advanced degree are all examples of marital property. However, an inheritance, a gift from someone other than your spouse, compensation for personal injuries, may exist deemed separate property. (See Carve up Property)
Mediation: A neutral person called a "mediator" helps the parties try to reach a mutually-adequate resolution of the dispute. The mediator does not decide the example, but helps the parties communicate then they tin endeavour to settle the dispute themselves. Arbitration may be inappropriate if a party has a signficant reward in ability or control over the other.
Northward
Detect of Entry: A form given to a party saying that the last judgment of divorce was entered in the Canton Clerk's Office. A re-create of the judgment, date-stamped to indicate the filing, is also given to the party with this document. The time to file a Notice on Entreatment commences upon service of the judgment of divorce with Observe of Entry.
Note of Issue: A form filed with the courtroom to notify the court that all documents are ready for the court's review or that the activeness is ready for trial. A dissever fee is charged for filing and a Calendar Number is issued. (Meet Calendar Number)
O
Order: A management of the court. Failure to comply may result in contempt. (Meet Contempt)
Order of Protection: An gild issued by a court which directs ane person to terminate certain deport, such as harassment, against another person. The lodge may as well directly the person to be excluded from the residence and to stay away from the other person, his or her home, school, place of employment and his or her children.
P
Party: A Plaintiff or Defendant in a legal proceeding.
Plaintiff: The person who starts the divorce activeness/lawsuit.
Poor Person Awarding: An awarding made to the court, by either the Plaintiff or Defendant, stating that because of insufficient income he or she is unable to pay the court fees normally required for divorce deportment. If the awarding is granted past the courtroom, the usual court costs for the divorce activity are waived.
Pro Se: (Self-Represented) Appearing on one's own behalf without an attorney.
R
Removal of Barriers to Remarriage Course: This form is necessary when the marriage was solemnized in a religious ceremony by a member of the clergy, minister of any religion, or a leader of The Society for Upstanding Civilization. Information technology requires the party obtaining the divorce to acknowledge that he or she has taken all steps to remove religious barriers to the other political party'south remarriage.
Asking for Judicial Intervention (RJI): A form filed with the court to request to have a gauge assigned to the case.
S
Split up Belongings: Property considered by the courts to belong only to one spouse or the other. It is not bachelor for equitable distribution.
Separation: One spouse'south absence from the marital household prior to divorce.
Separation Understanding: A written agreement on support for the child(ren), spousal maintenance payments, sectionalization of marital property, responsibility for debts (bills), residence of child(ren), kid intendance and related issues. This agreement must exist formally signed and acknowledged and covers the period earlier divorce merely after the separation. (See Acquittance)
Service: Formal delivery of a legal paper such as delivery of a Writ, Summons with Notice, or Summons and Verified Complaint officially notifying the recipient that he or she is a political party in a lawsuit.
Settlement Understanding: A formal, voluntary, written agreement on all of the issues surrounding divorce. Information technology must be formally signed and acknowledged. (Meet Acquittance)
Spouse: Hubby or wife.
Statute of Limitations: The fourth dimension limit in which to bring an action.
Stipulation: A voluntary agreement betwixt parties on an outcome or bug related to the divorce proceedings.
Amendment: A legal social club requiring a person'due south attendance at a particular time and place to bear witness as a witness or to provide certain documents that are requested. Failure to comply tin be contempt of court. (Also known as judicial subpoena)
Summons with Notice: A legal document which starts the Plaintiff's action for a divorce and requires the Defendant to serve a Notice of Advent in the action within a specific period of fourth dimension. This certificate is initially filed with the County Clerk 's Office and a copy is so served upon the Defendant to give find that the Plaintiff has started a divorce activity. Information technology states the reason(southward) for the divorce and may also include requests for additional relief such as: kid support, custody, visitation, spousal maintenance and equitable distribution.
Support: Payment for housing, food, clothing, and related living expenses.
Supreme Court: The highest trial-level courtroom in New York State. Divorce actions may be started only in this court.
Supreme Court Clerk'south Office: An office, separate from the County Clerk'southward Function, which provides clerical support to the Supreme Court.
T
Third Party: A political party to a courtroom action who is not the Plaintiff or Defendant.
U
Unemancipated Children: Children under the historic period of 21 who are supported by a parent or guardian. (Come across Emancipation)
Uncontested Divorce: An uncontested divorce occurs when: (a) in that location are no disagreements betwixt y'all and your spouse over any fiscal or divorce-related issues (i.e., child custody and back up, division of marital property or spousal support); and (b) your spouse either agrees to the divorce, or fails to appear in the divorce action.
V
Venue: The permissible identify for the trial of a lawsuit.
Verified: Sworn earlier a notary public that the facts made in that document are truthful. Nearly pleadings in a betrothed activity must exist verified. (Encounter also Acknowledgment; Answer; Complaint)
Visitation: The correct of a non-custodial parent to be with a child.
W
Waiver: Knowingly, intentionally giving upward rights or claims.
Writ: (Besides Writ of Habeas Corpus) A legal newspaper signed by a judge directing that a person (by and large a child in divorce cases) be brought before the courtroom
Source: http://ww2.nycourts.gov/divorce/glossary.shtml
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