If one of the parties involved is accused of adultery, the term “co-accused” refers to the person with whom they allegedly interacted (if this is the reason for the divorce or separation). COBRA The Consolidated Omnibus Budget Reconciliation Act (COBRA) is a federal law that gives you and your insured dependents the right to continue to purchase group health insurance on a self-payment basis if entitlement to employer-sponsored group health and dental insurance is lost due to job loss or divorce. COBRA eligibility is usually valid for 18 or 36 months after the event. As if the divorce act wasn`t stressful enough, there`s the problem of trying to internalize what appears to be an entirely new legal language that is inevitable during the process. Whether you`re just starting the process or you`re on the right track, understanding confusing jargon can make all the difference. With the help of Nancy Chemtob, a New York-based attorney and founding partner of Chemtob, Moss, Forman & Beyda LLP, we`ve put together a glossary of terms you`ll hear a lot about to help you every step of the way. Response: The response to the complaint. In a divorce suit, the answer must be considered. (See Verified) Decree. The written order or court decision concluding the divorce, which is often made in conjunction with the court judgment. Settlement Agreement: A formal, voluntary, written agreement on all matters related to divorce.
It must be officially signed and acknowledged. (See acknowledgements) This is a contract that can be agreed and signed at any time before or after the wedding. This can have a huge impact on the divorce process. Alternative dispute resolution (ADR): These are processes used to resolve disputes outside of the traditional dispute resolution system. Some examples are collaborative law, mediation and, to a lesser extent, arbitration. Rebuttal The act of rebuttal or objection in a dispute. Custody: The legal right to make important decisions about a child under the age of 18. Adultery: a ground for divorce. Adultery is any sexual act or deviant sexual act (as defined in the Criminal Code) with another person at a time when that person has a living spouse. A divorce can be a confusing process. It is a legal procedure that has terms with a special meaning. Below is a divorce glossary with terms and phrases to help you navigate the unknown process.
Alternative Dispute Resolution (ADR). Methods of resolving disputes without disputes, in a less adversarial manner, for example through arbitration or mediation. Hearing A hearing in which witness statements or arguments are presented by lawyers or parties involved for the purpose of settling a dispute. The divorce glossary will help you understand the key terminology that accompanies divorce proceedings, but you may need more help than that. Whether you`re new to the divorce process or more advanced, legal representation can make all the difference. Contact a divorce attorney in your jurisdiction who can give you the information you need and advocate on your behalf in case you need to go to court. Deposit. Part of the investigative or information-sharing process of a court proceeding in which the other party`s lawyer asks you questions, you answer in the presence of your lawyer and a copy of the procedure is made. Prenuptial or prenuptial agreement: A prenuptial agreement that specifies how property will be divided, what support payments will be paid, and how other rights and obligations will be treated if the marriage ends in divorce. Discovery Pre-trial procedure to request information and documents relevant to the divorce proceedings.
This may include the exchange of business, income and financial documents between the parties. Decree. The written decision of the court on the final divorce. Application for amendment An application heard by the court requesting changes to the physical or legal custody or child support, thereby altering the existing arrangement. In order to change child support in North Carolina, circumstances must change significantly. Despite its name, it is actually the most common procedure for divorce cases. If the divorce is not defended, the nisi judgment and the absolute judgment can be rendered, and it is not necessary for one of the parties involved to appear before the court. After divorce rates peaked in the 1970s and 1980s, there was a lot of talk about them declining — especially among millennials. Still, if you`re thinking about breaking up with your spouse, or if you`ve ever done so, sunny stats aren`t really helpful.
In this week-long story series, Glamour.com explores what it means to disconnect in a modern world. Alternative dispute resolution. Dispute Free Dispute Resolution Methods. “It`s the same as mediation,” says Chemtob. “You have a third party who helps bridge the gap and acts as an impartial mediator” between those who get the divorce. Fair distribution: How matrimonial property should be legally divided in a divorce lawsuit in New York State. A fair distribution does not necessarily mean 50% of an asset to one party and 50% to the other. The allocation is based on various factors submitted to the court.
Accused. The person against whom legal documents are filed, sometimes called the defendant. Order: Prohibit or restrict by law by a court order (order). This term refers to payments that must be made to support a spouse (or former spouse) during separation or after divorce.