Definitions: Key Family Law Terms Defined
– A –
Abstract of Support Judgment. A brief transcript of the support judgment which is recorded with the county recorder’s office in order to create a lien on real property owned by the person obligated under the judgment.
Appearance, Stipulation and Waivers. A multipurpose form which allows respondent to make a general appearance, to waive his/her rights under the Servicemembers Civil Relief Act of 2003, allows for stipulation to an uncontested matter if respondent previously filed a Response, allows a waiver of a new trial or appeal, allows a commissioner to preside at the trial and allows for a stipulated judgment upon the courts approval of a written settlement agreement.
– C –
Child Support. Money ordered paid by either party for the support and maintenance of minor children.
Child Support Case Registry. A national database that, among other things, is used to locate absent parents. It is sent to the State of California and kept in a confidential file.
Cite. To command the appearance of a party in a proceeding.
Citee. The person cited into court.
Community Estate. Community and quasicommunity property.
Community Property. All property, real or personal, wherever situated, acquired by a married person or domestic partner during the marriage or domestic partnership while residing in California.
Contempt of Court. The failure or refusal to do something which is ordered by the court.
– D –
Declaration for Default or Uncontested Dissolution. A declaration which permits entry of a judgment of dissolution without a court appearance.
Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). A declaration concerning the residency and custody of minor children.
Default. The failure of respondent to take the procedural steps necessary to prevent entry of judgment against him/her.
Dissolution of Marriage or Domestic Partnership. A legal proceeding where the marital or domestic partner relationship of the parties is terminated.
Domestic Partners. Two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring. [FC § 297]
– E –
Earnings Assignment Order for Support. An order that assigns to an obligee (the person to whom support has been ordered payable to) a portion of the earnings of an obligor (the person owing child and/or partner or spousal support) due or to become due in the future.
Employee Benefit Plan. Public and private retirement, pension, profit sharing, stock bonus, thrift and similar plans of deferred compensation, whether of the defined contribution or defined benefit type.
Ex Parte Order. An order having been granted upon application of one party without the opposing party having had formal notice of it.
– F –
Family Centered Case Resolution Process. Procedures used by the court to ensure that family law cases move through the court process from filing to final disposition in a timely, fair, and effective manner.
Family Conciliation Court. A service available in courts in California which provides a means for counseling for reconciliation of spouses or partners and an amicable settlement of domestic and family controversies.
Family Law. Family law includes actions for dissolution, nullity and legal separation.
Family Support. A combination of child support and spousal support with no designation as to the amount to be paid for child support and the amount to be paid for spousal support.
Findings and Order After Hearing. A written order signed by the judge after an order to show cause hearing.
– I –
Income and Expense Declaration. The income and expense information of the declarant filed in support of a request for financial orders.
Injunctive Order. A judicial remedy awarded for the purpose of requiring a party to refrain from doing a particular act or activity.
– J –
Joint Custody. Joint physical custody and joint legal custody.
Joint Legal Custody. An arrangement whereby both parents share equally the rights and the responsibilities to make the decisions relating to the health, education, and welfare of their minor child.
Joint Physical Custody. An arrangement whereby each of the parents have significant periods of physical custody with the minor child.
Judgment of Dissolution. Terminates the marital or partnership status effective on a date set forth in it, and may determine property rights, spousal support, partner support, child support, family support, etc.
– L –
Legal Separation. A legal proceeding where certain issues such as custody, support and division of property are resolved, but the marriage and partnership are not terminated.
– M –
Marital Settlement Agreement. An agreement between the parties providing for disposition and distribution of their community property, custody of children, child, family, partner and spousal support, payment of attorney’s fees, court costs, etc.
Mediation. An informal conference held for the purpose of attempting to reduce any ill will between the parties and to develop an agreement on child custody and visitation.
Modification. A change of the terms and conditions of a court order upon a proper showing.
– N –
Notice of Entry of Judgment. Notice to both parties of the date of entry of the judgment.
Nullity. A legal proceeding where a marriage or partnership is declared null and void under certain circumstances allowed by law.
– O –
Order. A direction of the court.
Order for Service of Summons by Publication or Posting. An order allowing publication or posting of a summons when the respondent/defendant cannot be found.
Order to Show Cause (OSC) Proceeding. A hearing pertaining to the granting of temporary spousal support, partner support, support and maintenance of children, attorney fees, restraining orders, and court costs.
Order to Show Cause Re Contempt. An order requiring a party to appear at a hearing for examination to determine whether or not a penalty should be imposed for failure to comply with a preexisting court order.
Order to Show Cause Re Modification. An order requiring a party to appear at a hearing for examination to determine if a preexisting court order should be modified.
– P –
Partner Support. Money paid upon order of the court for the support of a domestic partner.
Petition. The document filed to commence an action for dissolution, nullity or legal separation.
Petitioner. The party who initiates a family law proceeding.
Property Declaration. A complete list of the assets of the parties, together with their current values, debts, and a proposed division of them.
– Q –
Quasi-Community Property. All real or personal property, wherever situated, acquired by either spouse or partner while residing elsewhere which would have been community property if the spouse or partner who acquired the property had resided in California at the time of its acquisition.
– R –
Request for Default Setting. A request to the court clerk to schedule a default hearing date.
Request for Order. A list of the orders requested at an order to show cause proceeding.
Request for Production of Income and Expense Declaration After Judgment. A request to the opposing party for current income and expense information to ascertain if a request to modify child, family, partner and/or spousal support order(s) would be appropriate.
Request to Enter Default. A request to the court clerk to enter respondent’s default.
Respondent. The defending party who answers or responds to the Petition.
Response. The respondent’s reply to the Petition.
Responsive Declaration to Order to Show Cause. A declaration filed by the opposing party to an order to show cause proceeding if he/she elects to contest the orders requested.
– S –
Separate Property. All property owned before the marriage or registration of domestic partnership, all property acquired by the person after marriage or registration of domestic partnership by gift, bequest, devise or descent, and the rents, issues and profits of the property owned before the marriage or registration of domestic partnership, and the property acquired after the marriage or registration of domestic partnership by gift, bequest, devise or descent.
Sole Legal Custody. Only one parent has the right and the responsibility to make decisions relating to the health, education, and welfare of the minor child.
Sole Physical Custody. A child resides with and is under the supervision of one parent, subject to the power of the court to order visitation with the other parent.
Spousal Support. Money paid upon order of the court for the support of a spouse; formerly known as alimony.
Summary Dissolution. An easier way to obtain a dissolution of marriage for parties meeting certain qualifications.
Summons. An order issued by the court clerk and served with a copy of the Petition on the respondent for the purpose of obtaining jurisdiction over and giving notice to the respondent of the pendency of the action.
Support Order. A judgment or order of support, whether temporary or final, or subject to modification, termination or remission, regardless of the kind of action or proceeding in which it is entered.
– T –
Termination of Domestic Partnership. A summary procedure for terminating the domestic partnership if certain conditions exist at the time of filing.
Temporary Orders. Orders for child custody, child support, etc. requested at an order to show cause hearing prior to the judgment of dissolution.
Temporary Emergency (Ex Parte) Orders. Orders issued ex parte and effective from date of service until the order to show cause hearing.