ACTION
A formal proceeding or lawsuit initiated in a court of law to enforce or protect legal rights and seek a remedy for a legal claim or dispute.
AGREEMENT
A legally binding contract entered into by individuals, supported by consideration, which establishes the rights and obligations of the involved parties and is enforceable by law.
ALIMONY
Also known as spousal support or spousal maintenance, the legal obligation of one spouse to provide financial assistance to the other after divorce or separation, aiming to address economic disparities and achieve a fair distribution of resources.
ALIMONY IN GROSS
Also known as lump sum alimony, is a type of financial support that is not contingent on future events or circumstances.
ALLEGATION
A party's claim or assertion in a legal proceeding, stating the facts or accusations on which their case or defense is based, aiming to establish and prove them with evidence during the proceedings.
ALTERNATE PAYEE
An individual, often a former spouse, designated by a qualified domestic relations order (QDRO) to receive a portion or all of the benefits from a retirement or pension plan in cases of divorce or legal separation.
APPEAL
The process by which a higher court reviews and reevaluates a decision made by a lower court or administrative agency. The purpose of an appeal is to determine if errors of law or procedure occurred during the initial decision, and to seek a modification, reversal, or confirmation of the decision based on the higher court's review of the case record and applicable legal principles.
APPEARANCE
The act of participating or presenting oneself in court or before a legal authority as a party to a case, typically done through legal representation, to assert one's rights, respond to allegations, or engage in legal proceedings.
BIFURCATION
The process of dividing a legal case or issue into separate parts or phases, often for the purpose of addressing certain aspects or resolving specific issues before proceeding with the remaining matters.
CHANGE OF VENUE
The process of transferring a legal case from one court or jurisdiction to another, typically due to factors such as convenience, fairness, or necessity to ensure a fair trial or proper administration of justice.
CLAIM
Demand or assertion made by one party against another, seeking a legal remedy or relief for an alleged wrongdoing or harm. It is the basis for initiating a legal action or lawsuit to enforce rights or seek compensation.
COMMUNITY PROPERTY
The legal principle that assets acquired by a married couple during their marriage are owned jointly and equally by both spouses. It typically applies in jurisdictions that follow community property laws, where each spouse has an equal share in the property and debts accumulated during the marriage, regardless of who acquired them. Colorado is not a community property state.
CONTEMPT OF COURT
A legal offense where an individual displays disobedience or disrespect towards a court, judge, or its proceedings, which may include actions such as disruption, refusal to comply with court orders, or disrespectful behavior.
CONTESTED CASE
A legal proceeding or dispute in which the parties involved have conflicting interests or positions and require the court's intervention to resolve their differences.
COST BASIS
The financial value assigned to an asset, such as property or investments, at the time of acquisition or marriage. It is used to determine the division of assets during divorce proceedings and helps establish each party's ownership interest and potential financial contributions.
COUNT
A specific claim or allegation made by one party in a legal document, such as a petition or complaint. Each count typically represents a distinct legal issue or cause of action that the party is asserting against the opposing party, and they serve as the basis for requesting specific relief or remedies from the court.
COURT ORDER
A formal directive issued by a judge or court that mandates specific actions or requirements. Court orders are legally binding and enforceable, and non-compliance can result in legal consequences.
CROSS EXAMINATION
The process during a legal proceeding where one party's attorney questions the opposing party or their witness to challenge or test the credibility, accuracy, or consistency of their testimony. It is an opportunity to ask questions that may elicit important information or expose inconsistencies in the opposing party's version of events in order to support one's own case.
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DECLARATION
A written statement or document submitted to the court by a party involved in a legal proceeding. Declarations are typically used to provide factual information, present evidence, or express opinions relevant to the case.
DECREE
A formal order or judgment issued by a court that resolves a legal matter. It is a decision made by a judge or judicial authority that establishes the rights, obligations, or legal consequences for the parties involved.
DEFAULT ORDER OR DEFAULT JUDGMENT
A court order issued when a party fails to participate in a legal proceeding, allowing the other party to obtain the requested relief.
DEPOSITION
The process of obtaining sworn, out-of-court testimony from a witness or party involved in a legal case. It typically involves an attorney asking questions to gather information and gather evidence. The deposition is recorded and can be used as evidence during court proceedings or settlement negotiations.
DIRECT EXAMINATION
The questioning of a witness by the party who called them to testify. It is an opportunity for the party's attorney to ask the witness questions intended to elicit favorable testimony and support their case.
DISCOVERY
The legal process by which parties involved in a case gather relevant information and evidence from each other. It involves methods such as requesting documents, interrogatories (written questions), depositions (sworn testimony), and requests for admission.
DISCRETION OF THE COURT
The details or characteristics that identify the specific court where a case is being heard. It typically includes information such as the court's name, jurisdiction, location, and sometimes additional details about the court's authority or specialization in handling family law matters. The description of the court helps to establish the proper venue and jurisdiction for the case and ensures that the proceedings are conducted in the appropriate legal forum.
EMANCIPATION
the legal process by which a minor is granted the rights and responsibilities of an adult before reaching the age of majority. It typically involves the termination of parental authority and the release of the minor from the control and support of their parents or legal guardians. Emancipation may be granted when the minor demonstrates the capacity for self-support and independence, and it allows them to make their own decisions regarding education, finances, and other aspects of their life.
EQUITABLE DIVISION OF PROPERTY
The legal principle in family law that governs the fair distribution of assets and debts between spouses during a divorce or separation. It involves considering various factors, such as each spouse's financial contributions, earning capacity, needs, and the duration of the marriage, in order to determine a division that is considered fair and just. The goal is to achieve an equitable distribution of property and liabilities, which may or may not result in an equal split depending on the specific circumstances of the case.
EVIDENCE
Any information, material, or testimony presented in a legal proceeding to prove or disprove facts relevant to the case at hand. It can include documents, witness statements, physical objects, or other forms of proof that help establish the truth or validity of a claim.
EX PARTE
A legal proceeding or communication that occurs in the absence of the opposing party or without their knowledge. It typically involves one party presenting their case or making a request to the court without the other party's participation or presence.
FOUNDATION
Foundation refers to the presentation of preliminary evidence or testimony that establishes the basis for admitting certain evidence or supporting a legal argument. It involves laying the groundwork to demonstrate the relevance, authenticity, and reliability of the evidence or testimony being offered in court.
GROUNDS FOR DIVORCE
The legally recognized reasons or justifications upon which a spouse can seek a dissolution of marriage. It serves as the legal basis for initiating a divorce proceeding and must be proven or established to obtain a divorce decree.
HEARING
A formal proceeding where parties present their arguments, evidence, and legal positions to a judge or administrative officer. It provides an opportunity for the parties involved to present their case, respond to questions, and seek a resolution or decision from the court.
HOLD-HARMLESS
A legal provision or agreement that absolves one party from liability or responsibility for certain actions, damages, or losses, shifting the burden onto another party.
HOSTILE WITNESS
A witness who exhibits unfriendly or uncooperative behavior towards the party calling them to testify.
IMPEACHMENT
The process of challenging the credibility or reliability of a witness's testimony. It involves presenting evidence or questioning that casts doubt on the witness's truthfulness, accuracy, or memory of events.
IMDEMNIFICATION
The legal obligation of one party to compensate or protect another party from financial loss or liability. It typically arises in situations where one party assumes responsibility for certain debts, obligations, or risks on behalf of the other party.
JURISDICTION
The authority or power of a court to hear and decide a case. It determines whether a particular court has the legal right to exercise its judicial functions over a specific matter or individuals involved.
LEGAL SEPARATION
A legal status granted by the court that allows a married couple to live apart while still remaining legally married. It establishes the rights and responsibilities of each spouse, including matters such as child custody, spousal support, and division of assets, without terminating the marriage.
LEVERAGE FACTORS
Circumstances or elements that can be utilized to gain an advantage or influence in a legal negotiation or dispute resolution.
LUMP-SUM ALIMONY
A type of spousal support or financial settlement in which a specified amount of money is awarded to a former spouse as a one-time payment, rather than through ongoing monthly payments. It is a non-modifiable and usually final form of alimony that provides a lump sum of financial support to the recipient, typically aimed at achieving a clean break and financial independence after divorce.
MARITAL PROPERTY
Assets and liabilities that are acquired during the course of a marriage. It includes property, finances, and other valuable assets that are considered jointly owned by both spouses. In the event of a divorce or legal separation, marital property is subject to division between the spouses according to the applicable laws and principles of equitable distribution or community property, depending on the jurisdiction.
MISTRIAL
A legal term used to describe a situation where a trial is terminated and declared invalid before its conclusion.
MOTION
A formal request made to a court, asking for a specific ruling or action. It can be written or oral and is usually presented by an attorney. Motions are crucial in the legal process as they address various matters, including requesting evidence, seeking procedural changes, or seeking a legal decision. The opposing party may have a chance to respond, and the court ultimately decides whether to grant or deny the requested relief.
NO-FAULT DIVORCE
A legal process where a couple can dissolve their marriage without assigning blame or proving wrongdoing by either party. In a no-fault divorce, the couple simply states that their marriage is irretrievably broken or that there are irreconcilable differences, and this declaration is sufficient grounds for ending the marriage..
NON-MARITAL PROPERTY
Assets and possessions that are considered separate from the marital estate and are not subject to division in the event of a divorce.
ORDER
A formal directive issued by a court or other authorized judicial authority that sets out specific instructions or commands to be followed by the parties involved in a legal proceeding.
ORDER OF PROTECTION
Also known as a restraining order or protective order, is a legal document issued by a court to protect individuals from physical, emotional, or sexual abuse, harassment, or threats from another person.
ORDER TO SHOW CAUSE
Also known as temporary motions, it is a legal directive issued by a court that requires a party to appear before the court and provide a valid reason or justification for their actions or non-compliance with a court order.
PARENS PATRIAE
A legal doctrine that grants the state the authority and responsibility to act as the parent or guardian of individuals who are unable to care for themselves, particularly children and individuals with mental or physical disabilities
PERSONAL JURISDICTION
Personal jurisdiction refers to a court's authority to exercise its jurisdiction over a particular individual or entity. It is the power of the court to hear and decide a case involving that individual or entity, based on factors such as their presence or contacts within the court's jurisdictional boundaries.
PETITION
A formal written request submitted to a court or other governing body, seeking specific relief or action. It outlines the petitioner's claims, arguments, or demands and initiates a legal process by which the petitioner seeks a resolution or decision from the court or authority.
PETITIONER
An individual or party who initiates a legal action or files a petition with a court or administrative body. The petitioner seeks specific relief, such as a judgment, order, or remedy, and presents their case and arguments to the court for consideration.
PLAN PARTICIPANT
A parent or legal guardian actively involved in a court-approved or agreed-upon plan for child custody, visitation, or parenting time. They comply with the plan's terms, which include decision-making authority, schedules, communication guidelines, and dispute resolution.
PLEADING
Written documents submitted to court by parties in a legal dispute. Pleadings outline each party's claims, defenses, and legal arguments, allowing them to present their positions and request specific relief.
PRAYER
The specific request or relief sought by a party in a court proceeding. It is a formal statement or paragraph included in a pleading or legal document where a party asks the court to grant certain outcomes or remedies.
PRIVILEGE
The legal protection that allows certain communications or information to be kept confidential and shielded from disclosure in court proceedings.
QDRO
Stands for Qualified Domestic Relations Order. A legal order issued by a court that divides a retirement plan or pension between divorcing spouses or former partners.
QMCSO
Stands for Qualified Medical Child Support Order. A legal order issued by a court that establishes a parent's responsibility to provide health insurance coverage for their child as part of a child support arrangement
REBUTTAL
A response or argument presented by one party in opposition to the claims or evidence put forward by the opposing party.
RELIEF
The specific remedies or outcomes that a party seeks from the court in order to resolve a dispute.
RELOCATION
The act of one parent or custodial party moving their residence to a new location that significantly impacts the geographical proximity between the child and the other parent or noncustodial party.
RESPONDENT
The party against whom a legal action or petition has been filed.
RESPONSE
The formal written reply or answer filed by the respondent in a legal proceeding.
RULES OF EVIDENCE
A set of guidelines and principles that govern the admission and presentation of evidence in court proceedings. These rules determine what evidence is relevant, admissible, and reliable in the case.
SEPARATE PROPERTY
Assets and possessions that are considered individually owned and not subject to division or distribution in the event of a divorce or legal separation.
SETOFF
A method used to adjust financial obligations between parties during property division or support determinations. It involves the offsetting of debts, credits, or other financial obligations that one party owes to the other.
SETTLEMENT
A voluntary agreement reached between parties involved in a legal dispute, usually outside of court.
SETTLEMENT AGREEMENT
A legally binding contract entered into by parties involved in a dispute. It is a comprehensive document that outlines the terms and conditions agreed upon by the parties to resolve their issues and reach a final resolution.
STATUS QUO
The existing or current state of affairs or conditions regarding a particular aspect of a case. It represents the prevailing circumstances, arrangements, or agreements that have been in place and followed by the parties involved.
STIPULATION
A written agreement or contract entered into by the parties involved in a legal dispute. It is a voluntary agreement that outlines specific terms, conditions, or resolutions that the parties have mutually agreed upon.
SUBPOENA
A subpoena is a legal document issued by a court that commands an individual to appear in court or to produce specific documents or evidence relevant to a case.
SUMMONS
A legal document issued by a court that notifies a party involved in a case that a legal action has been initiated against them. It serves as an official notice, informing the recipient of the lawsuit and their obligation to respond.
TEMPORARY MOTION OR ORDER TO SHOW CAUSE
Also known as order to show cause. It is a formal request made to the court seeking temporary orders or relief during the pendency of a case. It is filed when there is an immediate need to address specific issues before the final resolution of the case.
TESTIMONY
The oral or written evidence provided by a witness under oath during a court proceeding. It is a statement or account given by an individual with firsthand knowledge of the facts relevant to the case.
TRIAL
A formal legal proceeding where parties present evidence, arguments, and testimony to a judge or jury to resolve a disputed issue or reach a final decision.
INJUNCTION
A court order that prohibits or compels certain actions in order to protect the rights or interests of individuals involved in a family law matter. It is a legal tool used to prevent harm, maintain the status quo, or enforce specific behaviors.
INTERLOCUTORY DECREE
A court order that addresses specific issues or provides temporary relief during the ongoing legal proceedings.
INTERROGATORIES
A set of written questions that one party in a lawsuit sends to the other party, requiring them to provide specific information and factual details about the case. Interrogatories are a formal part of the discovery process and are used to gather relevant facts, evidence, and details from the opposing party.
VACATED
The act of setting aside or nullifying a previous legal decision, order, or judgment.
WITHOUT PREJUDICE
A term used to indicate that communications, negotiations, or offers made by parties are intended to be conducted in a confidential and settlement-oriented manner, and that they cannot be used as evidence against the party making them in future legal proceedings.
JOINT PROPERTY
Assets or property that is owned jointly by two or more individuals.
JUDGMENT
The final decision or ruling made by a court in a lawsuit or legal proceeding.
