Divorce Terms – C

Aug 8, 2012 by

CAPIAS – An arrest warrant that instructs an officer to take a person into custody for failure to show up in court.

CHANGE OF VENUE – The transition of one judge to another when one plaintiff feels that the judge holds a prejudice.
CHART CHILD SUPPORT METHOD – A process that takes gross income, certain adjustments, to come to a monetary value on how much child support should be paid in each month. It is up to the court to decide whether or not this method is appropriate for each specific case.
CHILD CUSTODY Decisions of living arrangements and of a child. Laws vary by state.
CHILD SUPPORTThe money that the custodial parent receives from the non- custodial parent that helps to pay for all the needs of their child.
CHILD SUPPORT GUIDELINES – A set of math based formulas that determine the amount of child support that the custodial parent will receive from the non- custodial parent.
CITATION – A court order that requires someone to appear in court.
CIVIL COURT – The court that is used to preside over non- criminal cases such as divorce.
CLAIM – The legal name for a charge that one spouse makes against the other.
CLERK – Person in legal presiding that keeps track of court records and procedures.
COBRA – Federal legislation that states that individuals under medical insurance possess the right to continue insurance for a monthly fee even if their marital status changes.
COHABITATION – Legal term for two people living together. In some states spousal support can be terminated if this occurs.
COLA – Cost of living adjustment
COMMON – LAW MARRIAGE – A marriage in which there was no formal ceremony and no marriage license involved.
COMMON – LAW PROPERTY DISTRIBUTION – The division of property during a divorce according to whose name the property is in.
COMMUNITY PROPERTY – With the exception of inheritances and gifts, community property includes all income and property that was acquired during the marriage by both spouses.
COMPARABLES – Used to refer to competitive property sales, operating expenses, or rentals used in comparison during valuation.
COMPLAINT – The initial step towards divorce. The filing of a plea includes the grounds for divorce.
CONCILIATION – The process of trying ton reach an agreement between the divorcing party regarding children or other areas that they don’t agree on.
CONDONATION – When a spouses wrongdoing can no longer be used as grounds for divorce because a previous act of forgiveness.
CONFLICT OF INTEREST – When a professional is unable to perform services because of certain relationships they have with those whom they interact with.
CONSTRUCTIVE ABANDONMENT – One spouse neglecting to have sexual relations with the other spouse. In some states this can be considered grounds for divorce.
CONSTRUCTIVE SERVICE OF PROCESS – When the service of process is delivered through a public forum due to the unknown location of the other spouse.
CONTESTED DIVORCEDivorce where issues are not settled in court, therefore the court must make decisions on the issues at hand.
CONTINGENT FEE – A pre-arranged agreement that stated that the attorney does not get paid unless he wins the case.
CONVEY – The transfer of property to someone usually by sale.
CO-RESPONDENT – The person who is identified as the partner to the spouse in an adulterous relationship.
COUNTER – CLAIM – A pleading filed against the plaintiff by the defendant.
COURT ORDER – An issued document by the court ordering someone to do something.
COURTS OF COMMON PLEAS – State level trial court that is able to grant divorce.
COVERTURE – The length of time that a woman is married.
CROSS-PETITION – The respondent’s statements regarding the dissolution of the marriage, often times much different than that of the respondent’s.
CUSTODIAL PARENT –The parent whom the child lives with the majority of the time, this parent is responsible for all of the legal decisions of the child. Custody laws vary depending on state.
CUSTODYRefers to the parent’s legal right to make all major decisions and raise a child.

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