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FAMILY / DIVORCE LAW GLOSSARY |
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Glossary of
Family Law Terms
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Sales Comparison Approach: A set of
procedures in which an appraiser derives a value indication by
comparing the property being appraised to similar properties
that have been sold recently, applying appropriate units of
comparison, and making adjustments, based on the elements of
comparison, to the sale prices of the comparables.
Sanctions: Court-ordered punishment.
Separate Maintenance: An action filed
for support between two spouses not living together even
though the spouse's are not actively seeking a divorce.
Separate Property: In community
property states (California, Texas, Arizona, Idaho, Louisiana,
New Mexico, Nevada and Washington), the property owned by one
spouse which he/she acquired: a) before marriage, b) by
inheritance, c) as a gift, d) assets traceable to other
separate property such as money received from sale of a house
owned before marriage, and e) property the spouses agree is
separate property. State laws vary, but basically separate
property can be controlled by the spouse owning it. The laws
of descent applied to separate property and right to give
separate property by will differ from the treatment of
community property. For example a child may inherit part of
one spouse's separate property if there is no will, while
community property would pass automatically to the spouse.
Upon divorce community property is divided equally, while
separate property is kept by the owner without division with
the other spouse.
Separation: When spouses no longer
cohabitate or live together.
Separation Agreement: An agreement on
support, child care and property covering the period before
divorce but after separation.
Service of Process: Providing a formal
notice to the defendant that orders him or her to appear in
court to answer plaintiff's allegations.
Set Aside: To cancel, annul, or revoke
a prior judgment of a court.
Set Off: A debt or financial obligation
of one spouse that the court weighs against a debt or
financial obligation of the other spouse.
Settlement Agreement: The written
version of the settlement.
Severability: The understanding that
one clause in a contract is independent of the others.
Sole Custody: A form of custody in
which one parent is awarded both physical and legal custody.
Split Custody: A form of custody in
which the actual time of physical custody is split between
both parents, which gives both parents the right to make
decisions.
Spousal Support: Payment for support of
an ex-spouse (or a spouse while a divorce is pending) ordered
by the court. More commonly called alimony, spousal support is
the term used in California and a few other states as part of
new non-confrontational language (such as
"dissolution" instead of "divorce") now
used since divorce is "no-fault" in all states but
two.
Spouse: Husband or wife.
STBX: This is a common acronym which
stands for, "Soon to be ex." It is the person to
whom you're married now but are in the process of divorcing.
Stipulation: An agreement between the
parties or their counsel.
Subpoena: A form issued by the court
requiring someone to appear in court and/or bring documents.
(May also be referred to as a "Summons.")
Summons: A written notification to the
defendant or respondent that an action has been filed against
him or her.
Supervised Visitation: Visitation by a
parent with his child while another adult (other than the
custodial parent) is present.
Support: Payment for housing, food,
clothing etc.
Surrebutal: Evidence the defendant can
present to counter rebuttal evidence
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Consultwebs.com, Inc., All rights reserved. Family / Divorce Law
Glossary.
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