GLOSSARY
OF COMMON TERMS AND DEFINITIONS
The following definitions are intended to be
helpful, BUT they are not intended to constitute legal advice or address
every possible meaning of the term(s) contained in this glossary.
A
Affidavit
a written statement in which the facts stated
are sworn or affirmed to be true.
Answer
Written response by a respondent that states
whether he or she admits (agrees with) or denies (disagrees with)
the allegations in the petition. Any allegations not specifically
denied are considered to be admitted.
Appeal
Asking a district court of appeal to review
the decision in your case. There are strict procedural and time
requirements for filing an appeal.
Asset
Everything owned by you or your spouse,
including property, cars, furniture, bank accounts, jewelry, life
insurance policies, businesses, or retirement plans. An asset may
be marital or nonmarital, but that distinction is for the court
to determine if you and your spouse do not agree.
Attorney
A person with special education and training
in the field of law who is a member in good standing of The Florida
Bar and licensed to practice law in Florida. An attorney is the
only person who is allowed to give you legal advice. An attorney
may file your case and represent you in court, or just advise you
of your rights before you file your own case. In addition to advising
you of your rights, an attorney may tell you what to expect and
help prepare you for court. In family law matters, you are not entitled
to a court-appointed lawyer, like a public defender in a criminal
case. However, legal assistance is often available for those who
are unable to hire a private attorney. You may consult the yellow
pages of the telephone directory for a listing of legal aid or lawyer
referral services in your area, or ask your local clerk of court
or family law intake staff what services are available in your area.
You may also obtain information from the Florida Supreme Court's
Internet site located at
http://www.flcourts.org/courts/supct.
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B
Bond
money paid to the clerk of court by one
party in a case, to be held and paid to an enjoined party in the
event that the first party causes loss or damage of property as
a result of wrongfully enjoining the other party.
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C
Central Governmental Depository
The office of the clerk of court that
is responsible for collecting and disbursing court-ordered alimony
and child support payments. The depository also keeps payment records
and files judgments if support is not paid.
Certificate of Service
A document that must be filed whenever
a form you are using does not contain a statement for you to fill
in showing to whom you are sending copies of the form. Florida Supreme
Court Approved Family Law Form 12.914 is the certificate of service
form and contains additional instructions.
Certified Copy
A copy of an order or final judgment, certified
by the clerk of the circuit court to be an authentic copy.
Certified Mail
Mail which requires the receiving party to
sign as proof that they received it.
Child Support
Money paid from one parent to the other
for the benefit of their dependent or minor child(ren).
Clerk of the Circuit Court
Elected official in whose office papers
are filed, a case number is assigned, and case files are maintained.
The clerk's office usually is located in the county courthouse.
Constructive Service
Notification of the other party by newspaper
publication or posting of notice at designated places when the other
party cannot be located for personal service. You may also be able
to use constructive service when the other party lives in another
state. Constructive service is also called "service by publication."
However, when constructive service is used, the relief the Court
may grant is limited. For more information on service, see the instructions
for Florida Family Law Rules of Procedure Forms 12.910(a) and 12.913(b)
and Florida Supreme Court Approved Family Law Form 12.913(a).
Contested Issues
Any or all issues upon which the parties
are unable to agree and which must be resolved by the judge at a
hearing or trial.
Contingent Asset
An asset that you may receive or get later,
such as income, tax refund, accrued vacation or sick leave, a bonus,
or an inheritance.
Contingent Liability
A liability that you may owe later, such
as payments for lawsuits, unpaid taxes, or debts that you have agreed
or guaranteed to pay if someone else does not.
Counterpetition
a written request to the court for legal
action, which is filed by a respondent after being served with a
petition.
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D
Default
A failure of a party to respond to the
pleading of another party. This failure to respond may allow the
court to decide the case without input from the party who did not
appear or respond.
Delinquent
Late.
Dependent Child(ren)
Child(ren) who depend on their parent(s)
for support either because they are under the age of 18, they have
a mental or physical disability that prevents them from supporting
themselves, or they are in high school while between the ages of
18 and 19 and are performing in good faith with reasonable expectation
of graduation before the age of 19.
Deputy Clerk
An employee of the office of the clerk
of court, which is usually located in the county courthouse or a
branch of the county courthouse.
Dissolution of Marriage
Divorce; a court action to end a marriage.
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E
Enjoined
Prohibited by the court from doing a specific
act.
Ex Parte
Communication with the judge by only one
party. In order for a judge to speak with either party, the other
party must have been properly notified and have an opportunity to
be heard. If you have something you wish to tell the judge, you
should ask for a hearing or file information in the clerk of court's
office, with certification that a copy was sent to the other party.
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F
Family
Law Intake Staff
A court's employee(s) who is (are) available
to assist you in filing a family law case. Family law intake staff
are not attorneys and cannot give legal advice. They may only assist
you with filling out the form(s). Your local clerk's office can
tell you if your county has such assistance available.
Filing
Delivering a petition, response, motion,
or other pleading in a court case to the clerk of court's office.
Filing Fee
An amount of money, set by law, that the petitioner must pay
when filing a case. If you cannot afford to pay the fee, you must
file an Affidavit of Indigency, Florida Supreme Court Approved Family
Law Form 12.902(a), to ask the clerk to file your case without payment
of the fee.
Final Hearing
Trial in your case.
Financial Affidavit
A sworn statement that contains information
regarding your income, expenses, assets, and liabilities.
Final Judgment
A written document signed by a judge and
recorded in the clerk of the circuit court's office that contains
the judge's decision in your case.
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G
Guardian
ad Litem
A neutral person who may be appointed
by the court to evaluate or investigate your child's situation,
and file a report with the court about what is in the best interests
of your child(ren). Guardians do not "work for" either party. The
guardian may interview the parties, visit their homes, visit the
child(ren)'s school(s) and speak with teachers, or use other resources
to make their recommendation.
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H
Hearing
A legal proceeding before a judge or designated
officer (general master or hearing officer) on a motion.
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J
Judge
An elected official who is responsible for
deciding matters on which you and the other parties in your case
are unable to agree. A judge is a neutral person who is responsible
for ensuring that your case is resolved in a manner which is fair,
equitable, and legal. A judge is prohibited by law from giving you
or the other party any legal advice, recommendations, or other assistance,
and may not talk to either party unless both parties are present,
represented, or at a properly scheduled hearing.
Judicial Assistant
The judge's personal staff assistant.
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L
Liabilities
Everything owed by you or your spouse,
including mortgages, credit cards, or car loans. A liability may
be marital or nonmarital, but that distinction is for the court
to determine if you and your spouse do not agree.
Lump Sum Alimony
Money ordered to be paid by one spouse
to another in a limited number of payments, often a single payment.
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M
Mandatory
Disclosure
Items that must be disclosed by both parties
except those exempted from disclosure by Florida Family Law Rule
12.285.
Marital Asset
Generally, anything that you and/or your
spouse acquired or received (by gift or purchase) during the marriage.
For example, something you owned before your marriage may be nonmarital.
An asset may only be determined to be marital by agreement of the
parties or determination of the judge.
Marital Liability
Generally, any debt that you and/or your
spouse incurred during the marriage. A debt may only be determined
to be nonmarital by agreement of the parties or determination of
the judge.
Mediator
A person who is trained and certified
to assist parties in reaching an agreement before going to court.
Mediators do not take either party's side and are not allowed to
give legal advice. They are only responsible for helping the parties
reach an agreement and putting that agreement into writing. In some
areas, mediation of certain family law cases may be required before
going to court.
Modification
A change made by the court in an order
or final judgment.
Motion
A request made to the court, other than
a petition.
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N
No
Contact
A court order directing a party not speak
to, call, send mail to, visit, or go near his or her spouse, ex-spouse,
child(ren), or other family member.
Nonlawyer
A person who is not a member in good standing
of the Florida Bar.
Nonmarital Asset
Generally, anything owned separately by
you or your spouse. An asset may only be determined to be nonmarital
by either agreement of the parties or determination of the judge.
Nonmarital Liability
Generally, any debt that you or your spouse
incurred before your marriage or since your separation. A debt may
only be determined to be nonmarital by either agreement of the parties
or determination of the judge.
Nonparty
A person who is not the petitioner or
respondent in a court case.
Notary Public
A person authorized to witness signatures
on court related forms.
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O
Obligee
A person to whom money, such as child
support or alimony, is owed.
Obligor
A person who is ordered by the court to
pay money, such as child support or alimony.
Order
A written decision signed by a judge and
filed in the clerk of the circuit court's office, that contains
the judge's decision on part of your case, usually on a motion.
Original Petition
see Petition.
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P
Parenting
Course
A class that teaches parents how to help
their child(ren) cope with divorce and other family issues.
Party
A person involved in a court case, either
as a petitioner or respondent.
Paternity Action
A lawsuit used to determine whether a
designated individual is the father of a specific child or children.
Payor
An employer or other person who provides
income to an obligor.
Permanent Alimony
Spousal support ordered to be paid at
a specified, periodic rate until modified by a court order, the
death of either party, or the remarriage of the Obligee, whichever
occurs first.
Personal Service
When a summons and a copy of a petition
(or other pleading) that has been filed with the court are delivered
by a deputy sheriff or private process server to the other party.
Personal service is required for all petitions and supplemental
petitions.
Petition
A written request to the court for legal
action, which begins a court case.
Petitioner
The person who files a petition that begins
a court case.
Pleading
A formal written statement of exactly
what a party wants the court to do in a lawsuit or court action.
Primary Residence
The home in which the child(ren) spends
most of his/her (their) time.
Pro Se Litigant
A person who appears in court without
the assistance of a lawyer.
Pro Se Coordinator
See Family Law Intake Staff.
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R
Reasonable
Visitation
Visitation between the nonresidential
parent and child(ren) that provides frequent and unhampered contact
with the child(ren). Such visitation is designed to encourage a
close and continuing relationship with due regard for educational
commitments of child(ren), any health or social factors of the child(ren),
business and personal commitments of both parents, and home arrangements
of both parents.
Rehabilitative Alimony
Spousal support ordered to be paid for
a limited period of time to allow one of the parties an opportunity
to complete a plan of education or training, according to a rehabilitative
plan accepted by the court, so that he or she may better support
himself or herself.
Respondent
The person who is served with a petition
requesting some legal action against him or her.
Rotating Custody
Physical custody of child(ren) after divorce,
which is alternated between the mother and father at specified periods
of time, as determined by the court. Rotating custody allows each
parent equal time with the child(ren).
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S
Scientific
Paternity Testing
A medical test to determine who is the
father of a child.
Secondary Residential Responsibility (Visitation)
The time that the parent with whom the
child(ren) does (do) not have primary residence spends with the
child(ren).
Service
The delivery of legal documents to a party.
This must be accomplished as directed by Florida Family Law Rules
12.070 and 12.080.
Shared Parental Responsibility
An arrangement under which both parents
have full parental rights and responsibilities for their child(ren),
and the parents make major decisions affecting the welfare of the
child(ren) jointly. Shared Parental Responsibility is presumptive
in Florida.
Sole Parental Responsibility
A parenting arrangement under which the
responsibility for the minor child(ren) is given to one parent by
the court, with or without rights of visitation to the other parent.
Specified Visitation
A parenting arrangement under which a
specific schedule is established for the visitation and exchange
of the child(ren).
Spouse
A husband or wife.
Supervised Visitation
A parenting arrangement under which visitation
between a parent and his or her child(ren) is supervised by either
a friend, family member, or a supervised visitation center.
Supplemental Petition
A petition that may be filed by either
party after the judge has made a decision in a case and a final
judgment or order has been entered. For example, a supplemental
petition may be used to request that the court modify the previously
entered final judgment or order.
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T
Trial
The final hearing in a contested case.
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U
Uncontested
Any and all issues on which the parties
are able to agree and which are part of a marital settlement agreement.
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