• REAL ESTATE DICTIONARY
  
• FAMILY LAW DICTIONARY

Abstract (Of Title)
A summary of the public records relating to the title to a particular piece of land. An attorney or title insurance company reviews an abstract of title to determine whether there are any title defects which must be cleared before a buyer can purchase clear, marketable, and insurable title.

Acceleration Clause
Condition in a mortgage that may require the balance of the loan to become due immediately, if regular mortgage payments are not made or for breach of other conditions of the mortgage.

Agreement of Sale
Known by various names, such as contract of purchase, purchase agreement, or sales agreement according to location or jurisdiction. A contract in which a seller agrees to sell and a buyer agrees to buy, under certain specific terms and conditions spelled out in writing and signed by both parties.

Amortization
A payment plan which enables the borrower to reduce his debt gradually through monthly payments of principal.

Appraisal
An expert judgment or estimate of the quality or value of real estate as of a given date.

Assumption of Mortgage
An obligation undertaken by the purchaser of property to be personally liable for payment of an existing mortgage. In an assumption, the purchaser is substituted for the original mortgagor in the mortgage instrument and the original mortgagor is to be released from further liability in the assumption, the mortgagee's consent is usually required.

The original mortgagor should always obtain a written release from further liability if he desires to be fully released under the assumption. Failure to obtain such a release renders the original mortgagor liable if the person assuming the mortgage fails to make the monthly payments.

An "Assumption of Mortgage" is often confused with "purchasing subject to a mortgage." When one purchases subject to a mortgage, the purchaser agrees to make the monthly mortgage payments on an existing mortgage, but the original mortgagor remains personally liable if the purchaser fails to make the monthly payments. Since the original mortgagor remains liable in the event of default, the mortgagee's consent is not required to a sale subject to a mortgage.

Both "Assumption of Mortgage" and "Purchasing Subject to a Mortgage" are used to finance the sale of property. They may also be used when a mortgagor is in financial difficulty and desires to sell the property to avoid foreclosure.

Binder or "Offer to Purchase"
A preliminary agreement, secured by the payment of earnest money, between a buyer and seller as an offer to purchase real estate. A binder secures the right to purchase real estate upon agreed terms for a limited period of time. If the buyer changes his mind or is unable to purchase, the earnest money is forfeited unless the binder expressly provides that it is to be refunded.

Broker
(See real estate broker)

Building Line or Setback
Distances from the ends and/or sides of the lot beyond which construction may not extend. The building line may be established by a filed plat of subdivision, by restrictive covenants in deeds or leases, by building codes, or by zoning ordinances.

Certificate of Title
A certificate issued by a title company or a written opinion rendered by an attorney that the seller has good marketable and insurable title to the property which he is offering for sale. A certificate of title offers no protection against any hidden defects in the title which an examination of the records could not reveal. The issuer of a certificate of title is liable only for damages due to negligence. The protection offered a homeowner under a certificate of title is not as great as that offered in a title insurance policy.

Closing Costs
The numerous expenses which buyers and sellers normally incur to complete a transaction in the transfer of ownership of real estate. These costs are in addition to price of the property and are items prepaid at the closing day.

Closing Day
The day on which the formalities of a real estate sale are concluded. The certificate of title, abstract, and deed are generally prepared for the closing by an attorney and this cost charged to the buyer. The buyer signs the mortgage, and closing costs are paid. The final closing merely confirms the original agreement reached in the agreement of sale.

Cloud (On Title)
An outstanding claim or encumbrance which adversely affects the marketability of title.

Commission
Money paid to a real estate agent or broker by the seller as compensation for finding a buyer and completing the sale. Usually it is a percentage of the sale price- - 6 to 7 percent on houses, 10 percent on land.

Condemnation
The taking of private property for public use by a government unit, against the will of the owner, but with payment of just compensation under the government's power of eminent domain. Condemnation may also be a determination by a governmental agency that a particular building is unsafe or unfit for use.

Condominium
Individual ownership of a dwelling unit and an individual interest in the common areas and facilities which serve the multi- unit project.

Contract of Purchase
(See agreement of sale)

Contractor
In the construction industry, a contractor is one who contracts to erect buildings or portions of them. There are also contractors for each phase of construction: heating, electrical, plumbing, air conditioning, road building, bridge and dam erection, and others.

Conventional Mortgage
A mortgage loan not insured by HUD or guaranteed by the Veterans' Administration. It is subject to conditions established by the lending institution and State statutes. The mortgage rates may vary with different institutions and between States. (States have various interest limits.)

Cooperative Housing
An apartment building or a group of dwellings owned by a corporation, the stockholders of which are the residents of the dwellings. It is operated for their benefit by their elected board of directors. In a cooperative, the corporation or association owns title to the real estate. A resident purchases stock in the corporation which entitles him to occupy a unit in the building or property owned by the cooperative. While the resident does not own his unit, he has an absolute right to occupy his unit for as long as he owns the stock.

Deed
A formal written instrument by which title to real property is transferred from one owner to another. The deed should contain an accurate description of the property being conveyed, should be signed and witnessed according to the laws of the State where the property is located, and should be delivered to the purchaser at closing day. There are two parties to a deed: the grantor and the grantee. (See also deed of trust, general warranty deed, quitclaim deed, and special warranty deed.)

Deed of Trust
Like a mortgage, a security instrument whereby real property is given as security for a debt. However, in a deed of trust there are three parties to the instrument: the borrower, the trustee, and the lender, (or beneficiary). In such a transaction, the borrower transfers the legal title for the property to the trustee who holds the property in trust as security for the payment of the debt to the lender or beneficiary. If the borrower pays the debt as agreed, the deed of trust becomes void. If, however, he defaults in the payment of the debt, the trustee may sell the property at a public sale, under the terms of the deed of trust. In most jurisdictions where the deed of trust is in force, the borrower is subject to having his property sold without benefit of legal proceedings. A few States have begun in recent years to treat the deed of trust like a mortgage.

Default
Failure to make mortgage payments as agreed to in a commitment based on the terms and at the designated time set forth in the mortgage or deed of trust. It is the mortgagor's responsibility to remember the due date and send the payment prior to the due date, not after. Generally, thirty days after the due date if payment is not received, the mortgage is in default. In the event of default, the mortgage may give the lender the right to accelerate payments, take possession and receive rents, and start foreclosure. Defaults may also come about by the failure to observe other conditions in the mortgage or deed of trust.

Depreciation
Decline in value of a house due to wear and tear, adverse changes in the neighborhood, or any other reason.

Documentary Stamps
A State tax, in the forms of stamps, required on deeds and mortgages when real estate title passes from one owner to another. The amount of stamps required varies with each State.

Downpayment
The amount of money to be paid by the purchaser to the seller upon the signing of the agreement of sale. The agreement of sale will refer to the downpayment amount and will acknowledge receipt of the downpayment. Downpayment is the difference between the sales price and maximum mortgage amount. The downpayment may not be refundable if the purchaser fails to buy the property without good cause. If the purchaser wants the downpayment to be refundable, he should insert a clause in the agreement of sale specifying the conditions under which the deposit will be refunded, if the agreement does not already contain such clause. If the seller cannot deliver good title, the agreement of sale usually requires the seller to return the downpayment and to pay interest and expenses incurred by the purchaser.

Earnest Money
The deposit money given to the seller or his agent by the potential buyer upon the signing of the agreement of sale to show that he is serious about buying the house. If the sale goes through, the earnest money is applied against the downpayment. If the sale does not go through, the earnest money will be forfeited or lost unless the binder or offer to purchase expressly provides that it is refundable.

Easement Rights
A right- of- way granted to a person or company authorizing access to or over the owner's land. An electric company obtaining a right- of- way across private property is a common example.

Encroachment
An obstruction, building, or part of a building that intrudes beyond a legal boundary onto neighboring private or public land, or a building extending beyond the building line.

Encumbrance
A legal right or interest in land that affects a good or clear title, and diminishes the land's value. It can take numerous forms, such as zoning ordinances, easement rights, claims, mortgages, liens, charges, a pending legal action, unpaid taxes, or restrictive convenants. An encumbrance does not legally prevent transfer of the property to another. A title search is all that is usually done to reveal the existence of such encumbrances, and it is up to the buyer to determine whether he wants to purchase with the encumbrance, or what can be done to remove it.

Equity
The value of a homeowner's unencumbered interest in real estate. Equity is computed by subtracting from the property's fair market value the total of the unpaid mortgage balance and any outstanding liens or other debts against the property. A homeowner's equity increases as he pays off his mortgage or as the property appreciates in value. When the mortgage and all other debts against the property are paid in full the homeowner has 100% equity in his property.

Escrow
Funds paid by one party to another (the escrow agent) to hold until the occurrence of a specified event, after which the funds are released to a designated individual. In FHA mortgage transactions an escrow account usually refers to the funds a mortgagor pays the lender at the time of the periodic mortgage payments. The money is held in a trust fund, provided by the lender for the buyer. Such funds should be adequate to cover yearly anticipated expenditures for mortgage insurance premiums, taxes, hazard insurance premiums, and special assessments.

Foreclosure
A legal term applied to any of the various methods of enforcing payment of the debt secured by a mortgage, or deed of trust, by taking and selling the mortgaged property, and depriving the mortgagor of possession.

General Warranty Deed
A deed which conveys not only all the grantor's interests in and title to the property to the grantee, but also warrants that if the title is defective or has a "cloud" on it (such as mortgage claims, tax liens, title claims, judgments, or mechanic's liens against it) the grantee may hold the grantor liable.

Grantee
That party in the deed who is the buyer or recipient.

Grantor
That party in the deed who is the seller or giver.

Hazard Insurance
Protects against damages caused to property by fire, windstorms, and other common hazards.

HUD
U.S. Department of Housing and Urban Development. Office of Housing/Federal Housing Administration within HUD insures home mortgage loans made by lenders and sets minimum standards for such homes.

Interest
A charge paid for borrowing money. (See mortgage note)

Lien
A claim by one person on the property of another as security for money owed. Such claims may include obligations not met or satisfied, judgments, unpaid taxes, materials, or labor. (See also special lien.)

Marketable Title
A title that is free and clear of objectionable liens, clouds, or other title defects. A title which enables an owner to sell his property freely to others and which others will accept without objection.

Mortgage
A lien or claim against real property given by the buyer to the lender as security for money borrowed. Under government- insured or loan- guarantee provisions, the payments may include escrow amounts covering taxes, hazard insurance, water charges, and special assessments. Mortgages generally run from 10 to 30 years, during which the loan is to be paid off.

Mortgage Commitment
A written notice from the bank or other lending institution saying it will advance mortgage funds in a specified amount to enable a buyer to purchase a house.

Mortage Insurance Premium
The payment made by a borrower to the lender for transmittal to HUD to help defray the cost of the FHA mortgage insurance program and to provide a reserve fund to protect lenders against loss in insured mortgage transactions. In FHA insured mortgages this represents an annual rate of one- half of one percent paid by the mortgagor on a monthly basis.

Mortgage Note
A written agreement to repay a loan. The agreement is secured by a mortgage, serves as proof of an indebtedness, and states the manner in which it shall be paid. The note states the actual amount of the debt that the mortgage secures and renders the mortgagor personally responsible for repayment.

Mortgage (Open- End)
A mortgage with a provision that permits borrowing additional money in the future without refinancing the loan or paying additional financing charges. Open-end provisions often limit such borrowing to no more than would raise the balance to the original loan figure.

Mortgagee
The lender in a mortgage agreement.

Mortgagor
The borrower in a mortgage agreement.

Plat
A map or chart of a lot, subdivision or community drawn by a surveyor showing boundary lines, buildings, improvements on the land, and easements.

Points
Sometimes called "discount points." A point is one percent of the amount of the mortgage loan. For example, if a loan is for $25,000, one point is $250. Points are charged by a lender to raise the yield on his loan at a time when money is tight, interest rates are high, and there is a legal limit to the interest rate that can be charged on a mortgage. Buyers are prohibited from paying points on HUD or Veterans' Administration guaranteed loans (sellers can pay, however). On a conventional mortgage, points may be paid by either buyer or seller or split between them.

Prepayment
Payment of mortgage loan, or part of it, before due date. Mortgage agreements often restrict the right of prepayment either by limiting the amount that can be prepaid in any one year or charging a penalty for prepayment. The Federal Housing Administration does not permit such restrictions in FHA insured mortgages.

Principal
The basic element of the loan as distinguished from interest and mortgage insurance premium. In other words, principal is the amount upon which interest is paid.
Purchase Agreement
See agreement of sale.

Quitclaim Deed
A deed which transfers whatever interest the maker of the deed may have in the particular parcel of land. A quitclaim deed is often given to clear the title when the grantor's interest in a property is questionable. By accepting such a deed the buyer assumes all the risks. Such a deed makes no warranties as to the title, but simply transfers to the buyer whatever interest the grantor has. (See deed.)

Real Estate Broker
A middle man or agent who buys and sells real estate for a company, firm, or individual on a commission basis. The broker does not have title to the property, but generally represents the owner.

Refinancing
The process of the same mortgagor paying off one loan with the proceeds from another loan.

Restrictive Covenants
Private restrictions limiting the use of real property. Restrictive covenants are created by deed and may "run with the land," binding all subsequent purchasers of the land, or may be "personal" and binding only between the original seller and buyer. The determination whether a covenant runs with the land or is personal is governed by the language of the covenant, the intent of the parties, and the law in the State where the land is situated. Restrictive covenants that run with the land are encumbrances and may affect the value and marketability of title. Restrictive covenants may limit the density of buildings per acre, regulate size, style or price range of buildings to be erected, or prevent particular businesses from operating or minority groups from owning or occupying homes in a given area. (This latter discriminatory covenant is unconstitutional and has been declared unenforceable by the U.S. Supreme Court.)

Sales Agreement
See agreement of sale.

Special Assessments
A special tax imposed on property, individual lots or all property in the immediate area, for road construction, sidewalks, sewers, street lights, etc.

Special Lien
A lien that binds a specified piece of property, unlike a general lien, which is levied against all one's assets. It creates a right to retain something of value belonging to another person as compensation for labor, material, or money expended in that person's behalf. In some localities it is called "particular" lien or "specific" lien. (See lien.)

Special Warranty Deed
A deed in which the grantor conveys title to the grantee and agrees to protect the grantee against title defects or claims asserted by the grantor and those persons whose right to assert a claim against the title arose during the period the grantor held title to the property. In a special warranty deed the grantor guarantees to the grantee that he has done nothing during the time he held title to the property which has, or which might in the future, impair the grantee's title.

State Stamps
See documentary stamps

Survey
A map or plat made by a licensed surveyor showing the results of measuring the land with its elevations, improvements, boundaries, and its relationship to surrounding tracts of land. A survey is often required by the lender to assure him that a building is actually sited on the land according to its legal description.

Tax
As applied to real estate, an enforced charge imposed on persons, property or income, to be used to support the State. The governing body in turn utilizes the funds in the best interest of the general public.

Title
As generally used, the rights of ownership and possession of particular property. In real estate usage, title may refer to the instruments or documents by which a right of ownership is established (title documents), or it may refer to the ownership interest one has in the real estate.

Title Insurance
Protects lenders or homeowners against loss of their interest in property due to legal defects in title. Title insurance may be issued to a "mortgagee's title policy." Insurance benefits will be paid only to the "named insured" in the title policy, so it is important that an owner purchase an "owner's title policy", if he desires the protection of title insurance.

Title Search or Examination
A check of the title records, generally at the local courthouse, to make sure the buyer is purchasing a house from the legal owner and there are no liens, overdue special assessments, or other claims or outstanding restrictive convenants filed in the record, which would adversely affect the marketability or value of title.

Trustee
A party who is given legal responsibility to hold property in the best interest of or "for the benefit of" another. The trustee is one placed in a position of responsibility for another, a responsibility enforceable in a court of law. (See deed of trust.)

Zoning Ordinances
The acts of an authorized local government establishing building codes, and setting forth regulations for property land usage.

FAMILY LAW DICTIONARY

Adultery. Sexual intercourse between a married person and a third party.

Agreement; Separation Agreement; Property Settlement Agreement; Marital Agreement. A legally enforceable, spousal contract settling all matters.
Typically, these agreements settle issues relating to:
1. Asset and liability division
2. Alimony, health, and life insurance
3. Legal and physical custody, child support, visitation, medical insurance and expenses, and college.

Alienation of Affection. Any intentional, malicious interference with a marital relationship.

Alimony. Court-ordered spousal support, usually periodic payments, but sometimes paid in a lump sum as part of a marital agreement (alimony 'buyout').

Alternative Dispute Resolution. an out-of-court settlement process; arbitration, mediation, negotiation or collaborative law. Not litigation. Some states mandate ADR for divorcing parties, although parties maintain the right to have a judge decide their case. If parties settle, they may present their written settlement agreement to a judge who rules on its fairness and grants a divorce. Only courts can divorce the parties. The parties may not agree to be divorced. Hence, settlement agreements may be called separation agreements or marital settlement agreements, never divorce agreements. See Agreement.

Attorney for the Child(ren). A court-appointed attorney who represents the stated wishes of the child(ren). Unlike a guardian ad litem who acts in the child's best interest by substituting her own judgment for the child's, the attorney for the child(ren) must promote those causes espoused by the child(ren) and generally not substitute her own judgment.

Automatic Restraining Order. Refers to a court order freezing assets; goes into effect automatically upon certain events like the filing of a complaint for divorce. If a party violates an automatic restraining order by transferring assets without prior leave of court or permission of the other party, that party could be found in contempt of court, subject to incarceration and/or financial penalties, including payment of the winner’s legal fees. Compare Trustee Process and Attachment.

Best interest of the child. The legal standard or doctrine for making child-related decisions.

Biological Mother. Female who provides genetic material for a child, not necessarily the gestational carrier.

Burden of Proof. The party asserting a claim must prove such claim is true.
In divorce, each party making a claim for a fault divorce must prove such fault.

Child Support. Court-ordered payments from the non-custodial parent to the custodial parent that are not tax deductible by the non-custodial parent, nor includable in the custodial parent's taxable income. The guideline support obligation is as follows:

Complaint (Petition) for Divorce. A complaint for divorce initiates the divorce proceeding by identifying the parties; stating the grounds for divorce; stating all claims against the defendant; and requesting the court to grant a divorce, grant custody, divide property, and order support. All complaints must be filed with the served.'

Contested and Uncontested Divorce. In contested divorces, the parties are adversarial, they cannot agree to a martial settlement agreement.  In uncontested divorces, the parties agree to all matters, and present an executed marital settlement agreement to the court for approval.

Custodial Parent. Usually refers to the parent with whom the child(ren) reside(s), i.e., the parent with Physical Custody or Primary Physical Custody.

Custody--Legal. A legal status or 'custodianship' vesting authority to approve all major decisions affecting a minor child. 'Joint,' 'split,' and 'shared' legal custody require both parents' approval of all major decisions.

In cases of child abuse, and in highly contested custody proceedings where the parties can't communicate, sole legal custody may be granted to one parent, usually subject to visitation or supervised visitation. If parents with joint legal custody cannot agree about a major decision, then the court makes the decision. Courts often defer to the custodial parent, i.e., the parent with primary physical custody.

Custody--Physical. Relates to the physical location of the child. The adult with whom the child resides is said to have physical custody. Such terms as 'sole,' 'primary,' 'shared,' and 'joint' are used to describe various parenting and visitation plans.

Most custody fights are fought over physical custody since there is usually a strong presumption of joint legal custody. Studies demonstrate that protracted custody fights have devastating effects on the mental health of children. Years later as adults, these victims still suffer.

Discovery; Pretrial Discovery. Discovery is the formal procedure for gathering information pursuant to rules of court. The primary methods are:

1. Request for asset disclosure
2. Request for production of documents
3. Interrogatories propounded
4. Depositions; Party Deposition A formal, out of court questioning under oath of a party (the 'deponent') by opposing counsel. A stenographer is usually present and produces a transcript. Used for information gathering, depositions also force a witness to commit to a certain story that cannot be changed easily at trial without facing impeachment. Depositions are expensive, provocative, and can offer your opponent a dress rehearsal for trial.
5. Deposition Subpoenas; Subpoena Duces Tecum A third-party subpoena to attend a deposition and bring requested documents. These subpoenas are typically issued to employers and business associates.

6. Request for Admissions Similar to interrogatories but 1) the questions require a yes or no response, 'affirmed' or 'denied' and 2) the response is automatically admissible evidence at trial for any relevant purpose.

Dissipation of Assets. Wasting of assets that might otherwise be available for distribution upon divorce. Gambling, extravagant spending, or excessive borrowing and use of credit cards are examples of dissipation.

Domicile, Compare Residence. A party has one domicile, but may have several residences. Key term for deciding where divorce should be filed or which state’s law applies to a case. See also UIFSA, UCCJEA and Hague Convention.

Equitable Distribution; Equitable Assignment; Equitable Division (of Property). In equitable distribution states, all property, whenever or however acquired, regardless of legal title, is subject to equal or unequal division.

Equity; Courts of Equity. Equity is a body of law that concerns itself more with fairness than with the strict, and sometimes harsh, application of common law.

ERISA. Employment Retirement Income Security Act. A federal law governing employee benefits in private industry.

Estate. Assets and property interests owned by a party, often referred to in divorce cases as "the marital estate", meaning assets subject to division between husband and wife. May exclude assets owned before marriage; assets covered by a prenuptial agreement; or assets acquired by gift or inheritance. Check state law.

Evidence. Any testimony, document, or demonstrative material.

Evidence cannot be considered, i.e., used as the basis of a court's decision, unless such evidence is admissible under the rules of evidence.

Exhibit(s). Any evidence attached to a pleading or introduced at trial, for example, a husband's pay stub attached to a motion for temporary support.

Ex Parte: hearing, motion, order. Ex parte means without notice to, or attendance of, the opposing party.

In response to an ex parte motion, i.e., a motion without notice to the opposing spouse, the court conducts an ex parte hearing without the attendance of the spouse. Based on this hearing , an ex parte order is issued, and the opposing spouse receives notice of the fiat accompli.
Often attachments are issued ex parte to avoid giving notice to the defendant, since, a person who knows his property is about to be attached might quickly sell or mortgage it and secrete the money.

Expert Witness. In divorce cases, most experts are called to testify as to the value of the marital home, pensions, and privately-held businesses. In child related disputes, mental health professionals are often called to testify.

Fair and Reasonable. The judicial standard for approving marital agreements.

 In divorce, lawyers' zealous advocacy must be tempered by justice, however, divorce lawyers often act as if they represent the plaintiff in a personal injury case, trying to win at all costs without consideration of the consequences. Avoid these zealots.

Fair Market Value. The price a willing buyer pays a willing seller; not a fire sale price or a sale between family members for less than full price. A price paid after an arm’s length negotiation, not a transaction between parties paying more or less than what a reasonable buyer would pay.

Court Mediator; Court Arbitrator. Court employees to whom cases are referred for dispute resolution.

Fault and No-fault Divorces. In fault divorces, the complaint for divorce must state grounds for divorce. They include cruel and abusive treatment, adultery, abandonment, and other types of misconduct.

Fee Agreement; Retainer Agreement. The written contract between you and your lawyer.
 
File; Filing. Any document submitted to and officially received, i.e., 'docketed' by, the court.

Asset Disclosure.

Find; Findings. After considering the evidence presented, a court or jury interprets the evidence and sets forth what it believes, i.e., finds, are the actual facts. Courts have great latitude in weighing evidence and in believing or disbelieving witnesses. The court's findings, along with its 'conclusions of law,' form the basis for the court's decision.

Fraud. Making a material misrepresentation or failing to disclosure a material fact to induce another to give up something of value.

Garnishment; Wage Assignment; Wage Attachment. A court order to a third party, usually an employer, requiring the employee's wages to be attached (automatically deducted from a paycheck) and assigned (paid) to another party, usually the wife.

Guardian ad Litem ('G.A.L.'). A court-appointed individual who, for the purpose of pending litigation, puts himself in the shoes of a legally incompetent person such as a minor child. He also investigates the matter and files a report with the court

Hold Harmless; Hold Harmless Agreement. The contractual assumption of certain liabilities by a party who agrees: 1) not to look to the other party for assistance in satisfying such liabilities, and 2) to defend ('indemnify') the other party against third party claims, if a third party, sues you.

Intestate; Laws of Intestacy. A person who dies without a will is said to die intestate.

Irretrievable Breakdown. The legal grounds for irreconcilable differences..

Legal Custody. See Custody--Legal

Legal Ethics. See Ethics; Legal Ethics

Lump Sum, Lump Sum Settlement. One time payment as opposed to a series of payments over time or an installment or structured settlement.

Mediation. An informal, voluntary process allowing parties to work with a neutral third party (the 'mediator') to develop a separation agreement. An agreement developed with a mediator is said to be a 'mediated agreement.'

Parent Coordinator. See also Guardian ad Litem. Usually a mental health professional selected by parents or the court to act as an out-of-court decision-maker on child custody and visitation issues. The Parent Coordinator is usually compensated by the parents. Preferably acts under a court order to make decisions that are binding on the parents unless and until a court rules to the contrary.

Parentage. The relationship between parent and child. Sometimes used interchangeably with paternity.

Paternity. The relationship between a male parent and a child. Usually means the biological ties, but can mean the legal relationship imposed by a court on a man who has no biological ties to a child.

Paternity, Establishment. The determination by a court or voluntary acknowledgment, usually by a signed declaration of paternity, that a man is the father of a child.

Paternity Test. Scientific means by which the identity of a person’s (usually a child) father is established. Includes blood grouping and genetic tests. Once paternity is established, the child has a right to receive support and inherit from the father.

Perjury. Perjury is knowingly lying under oath.

Personal Liberty. Living and fully enjoying life, free from fear or violence caused unnecessarily and unreasonably; free of unwarranted control by another.

Personal Property. Not real estate, houses, buildings or land. Includes, among other things, cash, savings accounts, checking accounts, stocks, bonds, intellectual property, jewelry, art, antiques, collectibles, and pets.

Personalty. Personal effects such as clothing and furnishings; a subset of personal property. Sometimes described as movable property. Compare Real Property. See Personal Property.

Pleadings. Includes the complaint (or petition), answer, and counterclaim.

Prenuptial Agreement. A written, premarital contract dealing with death and divorce which sets forth the rights and responsibilities of the parties upon occurrence of these events.

Pretrial Conference. A meeting of all parties and counsel with the trial judge, sometimes held in the judge's chambers.

Pro Se; Pro Se Appearance. When a party handles her own case, i.e., represents herself, she is said to appear 'pro se.'

Psychological Evaluation. Includes interviews of person(s), usually parents and minor children involved in custody disputes, by mental health professionals.

Public Records. any books, papers, maps, photographs, electronic storage media, computer files, digitally stored material or any other information regardless of form, which is made or received by employees of public agencies.

QDRO (Qualified Domestic Relations Order--pronounced `kwad-row). A court order directed to a 'plan administrator' or 'custodian' allocating retirement benefits between spouses.

Real Property. Land, buildings. Immovable property. Compare Personalty and Personal Property.

Recusal. The disqualification of a judge because of judicial prejudice or bias.

Rehabilitative Maintenance. Short-term spousal support designed to help the recipient 'get started' with his or her new life.

Removal (of a minor child). The legal proceeding, usually brought by complaint or petition, by the custodial parent to remove (move) the minor child(ren) from the state.

Restraining Order. A temporary court order prohibiting a party from certain activities. Issued in response to a motion, restraining orders often are issued to protect marital assets and to protect against domestic violence.

Sanctions. Under the Rules of Procedure, courts may penalize or sanction a party or counsel for improper behavior, such as making frivolous claims.

Service; Service of Process. The legal process of informing, i.e., 'giving notice,' that a complaint or motion is pending.

Summary Judgment. A procedural rule that allows judges to enter judgments without trial, generally used when only questions of law, and not fact, are at issue.

Summons. The court's official notice to the defendant that he must respond to the attached complaint or petition.

Temporary Support. An interlocutory order of support entered before trial, i.e., an order issued while a case is pending. See Temporary Order.

Testimony. Any statement made under oath.

Trial; Hearing on the Merits; Evidentiary Hearing. A formal proceeding before a judge who hears testimony under the rules of evidence and makes a final decision relating to the matters presented. All such decisions are with prejudice, since they are final adjudications of the matters presented.

Valuation. Process in divorce cases of assigning a value or worth. Value assigned by agreement of the parties who may rely on appraisers or a judge if the parties fail to agree.

Venue; Change of Venue. The location of the court, in contrast to jurisdiction, which determines whether a court has legal authority to hear a case. Venue is where a court, with proper jurisdiction, will hear the case. When a case is transferred to a new location within the same jurisdiction (county or state), the transfer is called a change of venue.

Visitation; Supervised Visitation. Pursuant to stipulation, agreement, or court order, visits of unemancipated children with their non-custodial parent. Visits are supervised by a responsible adult. 

Voluntary Acknowledgment. The act of a man who signs a written declaration that he is the father of the child in question. A voluntary act, not ordered by a court. The declaration usually follows certain formal requirements established by state law.