Refers to the procedure of dissolution of marriage by the court. A marriage that is declared invalid is regarded as nonexistent from the beginning. Since the implementation of no-fault divorce, marriage is rarely declared null and void, but in most States, marriage can still be declared null and void for the following reasons: distortion of facts or fraud, concealment of facts, failure to reach an understanding, refusal or inability to perform marriage obligations, etc.
Refers to the written response made by the defender to the statement of the original plaintiff in the indictment. Defense is usually a defense that the defendant disagrees with some or all of the statements made by the original plaintiff in the indictment. Under normal circumstances, the defender has 30 days to submit a defense to the court and the original plaintiff after receiving the served summons and indictment.
Refers to the judgment of custody of children. The court will determine that one divorced parent has custody of children and the other has visitation rights according to the principle of "the best interests of children". Generally speaking, the factors considered by the court in determining the best interests of the child include:
86. Witness
De facto marriage is a form of marriage recognized by some American states. It refers to a form of marriage in which unmarried men and women live together openly in the name of husband and wife for a certain period of time for the purpose of marriage, without marriage registration or following other marriage procedures, so that the marriage relationship is recognized by law. Therefore, if both men and women just live together for a long time, but there is no intention of getting married at all, then it cannot be considered as a de facto marriage.
The indictment refers to the documents that the plaintiff submits to the court clerk to state the cause of action and file a lawsuit. In certain types of legal proceedings in some states, such as divorce, the indictment is also called a "petition", and the party submitting the petition is called a "petitioner". However, if the plaintiff or the applicant wants to file a lawsuit, he must also serve the defendant or the respondent with an indictment or an application and a summons to open the court, and then the defendant or the respondent can submit a defense or a defense to the court within a specific time limit. In fact, at present, it is rare for lawyers or clients to make their own indictments, and many States in the United States have begun to apply statutory forms prepared in advance and commonly used in their own States.
Contempt of court is a serious crime, punishable by a fine or imprisonment. The crime of contempt of court includes disobeying court orders, refusing to answer legal court inquiries, failing to submit documents to the court on time or obstructing judicial justice.
Custody of children refers to the legal authority that the guardian's father (mother) enjoys over the children, making decisions on issues involving their rights and interests (legal custody) and taking care of the children's life (lifelong custody). In the case of parents' divorce or separation, both parties need to reach an agreement on the custody of the children or the court will make a judgment according to the principle of the best interests of the children. The usual arrangement is that one parent obtains custody of the children (including legal custody and lifelong custody), and the other parent obtains appropriate visitation rights for the children; But it is also possible that both parents get legal custody of their children, and one of them gets lifelong custody; In rare cases, the court can also order both parents to have legal custody and lifelong custody of their children.
Default judgment refers to the court judgment made by the judge to grant the original plaintiff's request without any objection or response from the respondent (defendant).
The defendant refers to the other party who brings a lawsuit. In some types of cases in some countries, the defendant is also called "defendant", which corresponds to the plaintiff and the applicant respectively.
The defined benefit pension plan is a pension plan supported by employers. After employees retire or lose their employability, they can determine a fixed (adjustable according to the inflation rate) retirement allowance according to factors such as length of service and position, and usually pay it monthly until the beneficiary dies. This pension plan has restrictions on the time and form for employees to withdraw funds, and there is no need to pay fines.
A pension plan, in which each employee has an independent retirement account, and the employer and the employee individually or jointly contribute to the account in a certain way, and at the same time, the account funds are preserved and increased through appropriate investment. All personal benefits after retirement are withdrawn from this account until the withdrawal is over. Therefore, the retirement amount of this pension plan is not directly related to the length of service and position of employees, but depends on the remaining amount of retirement accounts. However, this pension plan has restrictions on the time and form of employees' withdrawal of funds, and there is no need to pay fines.
Spouse abandonment refers to the act of one spouse deliberately abandoning the other spouse without the consent of the other spouse. Usually, when one spouse leaves home for a certain period of time, it can be considered as spousal abandonment. In the state of fault divorce, abandoning spouse is the legal reason for divorce.
Divorce refers to the legal termination of marriage. In the United States, States require one or both spouses to clearly state the legal reasons for divorce when they file a divorce with the court.
Divorce agreement refers to the written agreement on property division, child custody and visiting rights, spouse support and child support signed by the husband and wife who are about to dissolve their marriage. The divorce agreement must be in written form, signed by both husband and wife, and approved by the court before it can become an integral part of the divorce judgment and have legal effect. A divorce agreement can also be called a marriage settlement agreement, a marriage termination agreement or a settlement agreement.
Fair market value refers to the estimated monetary value that can be obtained by selling goods to strangers.
The family court is an independent court, or an independent department of the state court of first instance. Generally speaking, the cases heard by family courts are limited to divorce, custody and support of children, adoption and other matters related to family relations, such as issuing restraining orders in domestic violence cases.
Fault divorce means that when a husband and wife file for divorce, they must be able to provide appropriate evidence to prove that the other spouse is at fault, so as to obtain a divorce judgment from the court. At present, there are still 35 States in the United States that allow fault divorce. Generally speaking, the faults that can be used as reasons for divorce include adultery, abuse, abandonment of spouse, imprisonment, impotence, incurable mental illness and so on.
The application fee refers to the fee charged by public officials to receive the documents submitted by the parties to start a certain procedure. For example, the party filing for divorce must submit the necessary documents and divorce application fee to the court clerk or administrative personnel before starting the divorce procedure.
Fraud refers to the behavior that the actor deliberately deceives others and causes the deceived person to suffer certain losses.
The reason for divorce refers to the legal reason for the parties to ask for divorce. In the United States, both the state with fault divorce system and the state with no-fault divorce system require the spouse of the divorced party to explain the reasons for divorce.
Trial/hearing refers to the legal procedure that the judge of the court of first instance listens to the application or statement of the litigant and examines the relevant evidence before the case is heard in public. Usually, the judge will hold a hearing/hearing before the public hearing only when a party requests the judge to make a ruling on certain matters, such as a party requesting the judge to issue a temporary injunction or grant temporary custody or maintenance for children.
Inconsistent differences mean that there are serious differences between husband and wife and they can't continue to live together. In many states in the United States, uncoordinated differences are regarded as legal grounds for no-fault divorce, but in fact, courts rarely investigate the differences between husband and wife. Generally speaking, as long as the divorced party is required to claim that there are uncoordinated differences between husband and wife, the court will grant divorce.
The complete breakdown of marriage means that one or both spouses can't continue to live with each other, and there is no possibility of reconciliation. In many American States, the complete breakdown of marriage is regarded as the legal reason for no-fault divorce, but in fact, courts rarely investigate whether the relationship between husband and wife has broken down. Generally speaking, as long as the divorced party is required to claim that the relationship between husband and wife has completely broken down, the court will grant divorce.
* * * Joint custody refers to a form of female support in which divorced or separated parents jointly raise their minor children. Usually, * * * joint custody can be * * * legal joint custody, that is, both parents have the right to decide on their children. It can also be common physical guardianship, that is, the form of child support in which children and parents live together for roughly the same time; This may also be a form of child support, but it is rare. * * * The same guardianship can also be called "joint guardianship".
Joint ownership refers to the form of property ownership in which two or more people own real estate or other property equally. In this form of property ownership, when one of the property owners dies, the other owner will automatically get his share of the property without a will or other legal documents to explain it.
Judgment is the final court ruling made by the judge to solve the key problems involved in the case he tried and the rights and obligations between the opposing parties. For example, after hearing a traffic accident, the court will make a judgment to decide which party is at fault and determine the amount of compensation that the wrong party should pay.
Jurisdiction refers to the power or authority of the court to hear and judge cases. If the court wants to have jurisdiction over a case, it must meet two conditions at the same time: the court has "subject jurisdiction" over the case involved, that is, the court has the right to try this type of case, and the court needs "personal jurisdiction" over the parties involved, that is, the court has the right to make decisions that affect their rights and obligations.
Husband and wife property refers to most of the property accumulated by one or both spouses during the marriage, which is also called joint property of husband and wife in some States. However, there are differences in the definition of marital property among American States. Some states include all property and income accumulated during marriage, while others exclude gift and inheritance income.
Marriage is a social form of combining men and women recognized by a certain social system. Once the marriage relationship is established, the rights and obligations of the parties regarding property and maintenance will be determined according to the laws and regulations of their country of residence. In addition, after the parties get married, the marriage relationship can only be dissolved if the court orders divorce or the marriage is invalid.
Mediation is a dispute resolution mechanism in which a neutral third party (mediator) assists both parties to a dispute to handle the dispute peacefully and reasonably according to law and reach an agreement voluntarily. In the mediation mechanism, the parties do not need to participate in court proceedings. At the same time, unlike judges and arbitrators, mediators' mediation has no enforcement power, and there is no formal evidence or procedural rules to regulate mediation. Usually, the mediator and the parties reach their own informal mediation procedures.
In most states of the United States, a minor is a natural person under the age of 18. All minors must live under the supervision of adults (parents or guardians) with full capacity, unless minors have "left" their families-serving in the army, getting married or living independently with the permission of the court. Generally speaking, unless the guardian of a minor is required to supervise the minor's property, that is, to manage, use, benefit and dispose of the unique property necessary for his management until the minor reaches the age of majority stipulated by the laws of his state.
No-fault divorce means that one party who asks for a divorce can get a divorce judgment by simply stating that the husband and wife can't continue to live together without proving that the other party is at fault. 1969, California became the first state in the United States (and even the western world) to apply no-fault divorce. Before that, the only way to divorce was to prove that the other spouse was at fault, or that the marriage was completely broken up because of the misconduct of the other spouse. Generally speaking, the reasons for approving no-fault divorce are: incompatibility, irreconcilable differences or irretrievable breakdown of marriage. In addition, some states regard incurable mental illness as a legal reason for granting no-fault divorce.
Notary refers to a public official who is recognized and authorized by the government executive agency to perform specific functions such as confirmation, oath or guarantee, witness signature or approval documents.
Court order refers to the decision made by the court, which can be a simple order, such as ordering the witness to truthfully answer the appropriate questions of the court; At the same time, the court order can also be a complex but reasonable decision made by the court after the hearing, which clearly stipulates what the parties can and cannot do. For example, in divorce proceedings, the court can issue a temporary injunction at the request of the parties. However, the court order is usually not the final decision of the court to hear the case, that is, the court judgment.
The statement of reasons instruction refers to the court order issued by the judge, requiring one party to appear in court to prove to the judge that he refutes the proposal of the other party or the judge himself and the reason why the judge should not grant the proposal. For example, in divorce proceedings, if one parent asks the judge for life custody of the child, the judge will order the other parent to appear in court at a specific time on a specific date, and ask him to state to the judge the reasons why life custody of the child should not be awarded to the requesting party. Although the party who is required to state the reasons to the judge may be at a disadvantage in the lawsuit, that is, bear the burden of proof to the judge, both parties usually have equal opportunities to claim their rights.
Movable property refers to movable property, that is, all other property except land and other buildings attached to land, such as cars, bank accounts, wages, securities, small companies, furniture, insurance policies, jewelry, patents, pets, etc. Chattel in English can also be expressed as personal items, chattel, goods and chattel, personal nature and so on. Corresponding to movable property is immovable property.
Application refers to the formal written request submitted by the parties to the court, asking the court to give instructions or rulings on a specific matter. For example, to divorce your spouse, you must submit a divorce application to the court.
The applicant refers to the party who brings a lawsuit, and can also be called the plaintiff. In some states, petitioners usually apply to certain cases, such as divorce and other family law cases.
Life guardianship refers to the rights and obligations that one parent enjoys and promises to live with their children.
The plaintiff refers to a natural person, legal person or other legal person who brings a lawsuit. In some States, in some cases, petitioners can also be used instead.
The defense refers to the indictment of the original plaintiff or the defense of the defendant, which is made in generally accepted legal language and form. But at present, many states in the United States have prepared various formal forms for various cases in advance. Therefore, the parties no longer need to make their own legal documents such as indictment or defense, just download the required forms from the court website or go directly to the court clerk, and then fill in the relevant contents.
Prenuptial agreement refers to a legally binding written agreement signed by men and women who are ready to get married for marriage, which takes effect after marriage. The main purpose of making a prenuptial agreement is to make an agreement on the realization of the respective property and debt scope and the ownership of rights, so as to avoid disputes arising from the divorce or death of one party in the future. A prenuptial agreement is also called a prenuptial agreement.
Eligible proof of family relationship refers to the order of dividing retirement pension issued by the court at the request of the parties because of the need of spouse alimony, child alimony or marital property division when the husband and wife divorce. At the same time, the court must issue a certificate of qualified family relationship according to the federal law regulating pension payment.
Quasi-property is a form of all the property of married couples, that is, when a couple transfers from the state of non-property system to the state of marital property system, then the property they obtained in the state of non-property system can be considered as quasi-* *. Under normal circumstances, quasi-property can be treated as marital property in the case of the death of one spouse or the divorce of both spouses.
Real estate refers to land and other properties permanently attached to land, such as buildings, houses, fixed mobile houses, trees, etc. Real estate can also be called "real estate". In addition, the corresponding to real estate is "personal property".
In some states of the United States, defendants are used to replace defenders or defendants, especially in divorce and other family law cases. Defendants refer to the sued party and need to respond to the applicants' complaints.
A restraining order is an order issued by the court to prohibit one party from carrying out certain acts, such as prohibiting one party from contacting the other party, prohibiting him from entering or leaving the family residence, and prohibiting him from taking his children out of the country. Prohibition orders are usually issued in domestic violence, child abuse and other types of cases, mainly to ensure the personal safety of the victims. At the same time, restraining orders can also be used to prohibit bad disputes between neighbors.
Personal property refers to the property owned and controlled by one spouse in countries where both spouses have property systems. When the husband and wife divorce, the personal property will still belong to the owner's spouse, and there is no need to divide it according to the relevant property division laws of the state where the parties are located. Usually, personal property includes all the property acquired by a husband and wife before marriage, the property acquired by inheritance or gift, and the income attached to these properties. Corresponding to personal property is the joint property of husband and wife.
Separation refers to the situation where husband and wife stop living together and establish their own way of life, while continuing to maintain the relationship between husband and wife. Usually, even if the husband and wife still live under the same roof, as long as they have separated, they can be legally recognized as husband and wife separation. In the case of legal separation, both parties can arrange property division, spouse support and child support through voluntary negotiation or court judgment.
Single guardianship refers to the arrangement of raising children when parents are separated or divorced, and only one party enjoys the life and legal custody of the children, and the other party enjoys the right to visit the children.
Split custody refers to the arrangement that when separated or divorced parents have two or more children, the separate custody of each child is granted to both parents respectively. For example, when parents have a son and a daughter, when the husband and wife divorce, the woman gets the sole custody of her daughter and the man gets the sole custody of her son. This arrangement is called split custody. However, under normal circumstances, judges will not adopt this kind of child support arrangement, because this way will separate children from their brothers and sisters, which may violate the principle of children's greatest reason.
Summary divorce refers to the legal procedure of obtaining divorce judgment without court hearing. Therefore, compared with conventional divorce, simple divorce is simpler and more economical, but not all parties can choose simple divorce procedure to dissolve the marriage relationship, because simple divorce procedure not only has strict applicable conditions, but also has many restrictions, such as simple divorce procedure has strict restrictions on the duration of marriage, children, personal property and marital property of both husband and wife, and at the same time, the parties who choose suggested procedure to dissolve the marriage relationship must give up obtaining a spouse.
Court summons refers to a legal document prepared by the plaintiff and issued by the court to inform the defendant of the information he is being sued. Usually, the court summons requires the respondent to submit documents to the court within a specified time limit to respond, or in the small claims court, the respondent can only attend the trial on a specific date specified in the court summons, and the respondent can also choose not to respond, that is, let the court issue a default judgment, but he needs to bear the risk of losing the case.
The surviving spouse is a widow or widower.
Tangible movable property refers to movable property that can be felt or touched, such as furniture, automobiles, jewels and works of art, but cash and current accounts are not tangible movable property, and the law does not clearly stipulate whether computer data belong to tangible movable property.
* * * The same property is a form of joint property that only applies to married couples. This form of property ownership is very similar to joint lease, and it also includes the inheritance right of the surviving spouse. That is to say, when one spouse dies, the surviving spouse of the other spouse will get the ownership of the property, but this form of property ownership is only applicable in half of the States in the United States.
Co-ownership by shares means that two or more people can jointly own all forms of property rights of a certain property. Under the joint ownership system, when the property owner dies, the share of the property belonging to that party can be inherited according to his own wishes. In some states in the United States, unless the parties have a written agreement, all forms of property will be legally considered as stock ownership.
Non-controversial divorce, also known as divorce by agreement, refers to a legal divorce procedure in which the spouse of the non-divorced party automatically grants the divorce application to the divorce spouse after receiving the court summons and divorce application served by the other spouse without submitting any formal defense to the court. Usually, when the husband and wife reach an agreement on all matters related to divorce, they can apply the uncontroversial divorce procedure to dissolve the marriage relationship. Therefore, sometimes it is not necessary for both parties to appear in court to participate in the proceedings.
Visiting right refers to the right given by the court to parents who have no custody of life to visit their children regularly. Usually, parents without life supervision will be deprived of the right to visit only when the court hears the case and thinks that visiting will seriously endanger the child's physical, mental, moral or emotional health.
6. Common law marriage
7. Complaints
8. Contempt of court
9. Custodian
1 1, default
13, the defendant
14, defined benefit plans
15, set the deposit plan
16, abandoned
17, dissolution
A term used in some states to replace divorce.
18, District Court
19, divorce
20. Divorce agreement
2 1, family allowance
22. Family Court
23. Fault divorce
22, felony
23. Documents
24. Application fee
25, foreign divorce
26. Fraud
Deliberately deceive another person and make her suffer losses. Fraud includes lies and half-truths, such as selling a lemon and claiming that "she runs like a dream."
gift tax
Federal tax on any gift or gift combination that exceeds $ 1 1 000 from one person to another within one year. There are several kinds of gifts that are tax-free: gifts for tax-free charities, gifts for your spouse (if the recipient is not an American citizen, the annual fee is110,000 dollars) and gifts for tuition or medical expenses. In addition to the annual gift of 1 1 0,000 USD, there are also gifts of 1 10,000 USD that are tax-free. In other words, you can donate a total of1million dollars in your lifetime-more than the annual tax-free gifts you give-without paying gift tax.
Reasons for divorce
29. Group life insurance or group health insurance
30. Listening
3 1, home
Irreconcilable differences
Irreparable or unrepairable fault
34. Joint guardianship
35. Joint lease
judge
jurisdiction
38, marital property
39. Marriage settlement agreement/marriage termination agreement
40. Marriage
4 1, marriage certificate
marriage certificate
43. Military misconduct
Divorce at fault
mediate
intercessor
See mediation
46. Minors
misdemeanour
48. Exercise
49, no-fault divorce
notary
A licensed public official who presides over oaths, documents and performs other specific functions. The signature on many legal documents needs the signature and seal of a notary public to authenticate.
5 1, oath
Proof that a person will tell the truth, or promise to fulfill an oath, usually pray to God as a witness. Perhaps the most well-known oath is that witnesses swear in legal proceedings that "tell the truth, the whole truth, and nothing but the truth". In another case, a public official usually takes an "oath of office" before taking office, announcing that she will faithfully perform her duties.
order
53, the reason for the order
54. Pension
Some employers pay or donate retirement funds for employees as part of their work remuneration. Pensions became very common during World War II, because there were more jobs than workers, so they were usually used as bait.
55. Personal property
petition
57. petitioners
58. Personal guardianship
59, the plaintiff
60. Plead
6 1, prenuptial agreement/prenuptial agreement
62. Qualified Family Relations Order
63. Quasi-common property
64. Complete claim contract
real estate
real estate
67. Respondents
68. Restraining order
Retirement benefits
70. Right to subsistence
7 1, independent property
72. Separation
73. Joint guardianship
74. Separate guardianship
75, the division of custody
76. Spouse support
See alimony
77. Summary judgment
court summons
78. High Court
supreme court
79. Surviving spouse
Widow or widower
80. Tangible personal property
8 1, temporary restraining order (TRO)
82. Overall lease
83. Shared Lease/Shared Tenant
84. Undisputed divorce
Visiting right
All children have the right to receive reasonable and necessary life support from their parents until they reach legal age, get married, perform military service or live independently. If their children are still full-time students, many States will extend this time limit for another year or two. In the case of separation or divorce, both parents still have to support their children. Usually, one parent who has custody of their children fulfills their maintenance obligations by taking care of their children's daily life, while the other parent must fulfill their maintenance obligations by paying a certain amount of maintenance to the custody parents, usually in cash, but it may also be in other forms; However, when both parents have custody of their children in the same way, the court can also order the parents with higher income to pay a certain amount of maintenance to the parents with lower income.