Moriarty & Dee, Attorneys at Law, in Buffalo, New York.

Legal Words & Phrases:
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Legal Separation: A judgment of the court or written agreement directing or authorizing the spouses to live separate and apart. A decree of separation does not dissolve the marriage and does not allow the parties to remarry.

Maintenance: Spousal support. See also Alimony.

Marital Property: Generally, the property acquired during the marriage by the work and efforts of the parties.

Marital property (2): Accumulated income and property acquired by the spouses, subject to certain exclusions in some states.

Marital Settlement Agreement: The parties' settlement reduced to written document or orally placed in the record in open court. May also be called a Property Settlement Agreement.

Motion: A written application to the court for some particular relief such as temporary support, injunction or attorney's expert's fee.

Motion to modify: A formal written request to the court to change a prior order regarding custody, child support, alimony, or any other order that the court may change by law.

Motion to Vacate Premises: A request to the court, on the showing of good cause ordering one spouse to leave the marital residence.

No-fault Divorce: When divorce is granted without the necessity of proving one of the party's guilty of marital misconduct. Fault is marital misconduct that may be considered for some issues in some states.

Notice of Hearing: A paper that is served on the opposing lawyer or other spouse listing the date in place of a hearing and the motion or motions that will be heard by the court.

Order: The court's ruling on a motion regarding the parties to do certain things or setting forth their rights and responsibilities. An order is reduced to writing, signed by the judge, and filed with the court.

Party: The person in a divorce action whose rights and/or interests are to be effected by the divorce.

Petition (Complaint): The first pleading in an action for divorce, separate maintenance, annulment, setting forth the allegations on which the requested relief is based.

Petitioner (Plaintiff): The party who files the petition for divorce or any other petition.

Plaintiff: The Petitioner.

Pleading: Formal written application to the court for relief and the written response to it. Pleadings include petitions, answers, counterclaims, replies and motions.

Privilege: The right of a spouse to make admissions to his or her spouse, her lawyer, member of the clergy, psychiatrist, doctor or certified social worker that are not later admissible in evidence.

Pro se: A litigant who is not represented by a lawyer (also "pro per").

Relief: Whatever a party to a divorce proceeding asks the court to do: dissolve the marriage, award support, enforce a prior court order or decree, divide property, enjoin certain behavior, dismiss the complaint of the other party and so on.

Reply: The pleading filed in an answer to the allegations of counterclaim.

Report of referee with notice: The written document prepared by a referee or court-appointed, after hearing and submitted to the parties (husband and wife) and the judge; it is not law or final or an order of the court, but what is recommended to be an order of the court.

Respondent (Defendant): The one who defends the divorce proceeding brought by another.

Request for production of documents: Documents and/or other information to be produced.

Rules of evidence: The rules that govern the presentation and admissibility of oral and documentary evidence at court hearings or depositions.

Separate property: Property that is not "marital property"; usually property held by a party prior to the marriage, or acquired by gift from a third party, or by inheritance or as proceeds of a settlement for a personal injury, or agreed in writing to be separate property.

Setoff: A debt or financial obligation of one spouse that is deducted from the debtor financial obligation of the other spouse.

Settlement: The agreed resolution of disputed issues.

Show cause: Written application to the court for some type of relief, which is made on such notice to the other party as the court directs.

Stipulation: An agreement between the parties or their counsel.

Subpoena: A document served on a party or witness requiring an appearance in court. Failure to comply with the subpoena could result in punishment by the court.

Subpoena duce tecum: A subpoena requesting documents.

Summons: A written notification that legal action has commenced, requiring your response within a specific period.

Temporary pendente lite motions: Applications to the court for interim relief pending the final decree of divorce, separation, or annulment. Typical temporary motions include motions for temporary maintenance, child support, attorney's fees, costs, expert's fees, custody, visitation, enforcement or modification of prior temporary orders or requests for exclusive possession. The court enters a pendente lite order after determining a motion. Motions are brought on by the service of a Notice of Motion or Order To Show Cause, with affidavits.

Temporary restraining order(TRO): An order of the court prohibiting a party from doing something--for example, threatening, harassing or beating the other spouse and/or the children, selling personal property, taking money out of accounts, denying him or her a motor vehicle.

Testimony: Statements under oath by a witness in court or during a deposition.

Transcript: A typed written record of testimony taken by a court reporter during a deposition or court.

Trial: A formal court hearing to decide disputed issues raised by the pleadings.

Uncontested divorce: A proceeding in which a person sued for divorce does not fight it or may have reached an agreement with the spouse during the divorce proceedings.

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