Massachusetts
Divorce Law Dictionary

excerpt from:
How to File for Divorce in Massachusetts with Forms
(by the editors of Family Law Advisor)

A B C D E F G H I J L M N O P Q R S T U V W

Abandonment.

See Desertion

Abuse.

See Cruel and Abusive Treatment

Abuse Prevention.

See Restraining Order

Abuse Prevention Statute.

Chapter 209A of the Mass. General Laws.

Action; Actionable.

See Cause of Action, Claim

Admissible; Admissibility.

Any testimony, document, or demonstrative material officially considered by the court, i.e., allowed into evidence, generally in compliance with the rules of evidence.

Admissions; Requests for Admissions.

One party to a case can require the other party to admit or deny in writing and under oath various assertions.

Adultery.

Sexual intercourse between a married person and a third party. One of seven fault grounds for divorce is Massachusetts, but rarely used.

Affidavit.

A written statement, voluntarily signed under oath, usually in support of a motion.

Affidavit Disclosing Care or Custody Proceeding.

An official form courts require to be filed by the plaintiff in all divorces involving minor children of the marriage.

Agreement.

See Separation Agreement

Alienation of Affection.

Any intentional, malicious interference with a marital relationship, but not recognized by the Massachusetts courts.

Alimony.

Spousal support sometimes paid by agreement of the parties or by court order. The payments are usually periodic payments, but sometimes in a lump. In the absence of a separation agreement, courts must consider the same statutory factors as required in property divisions (See Equitable Division of Property).

Annulment.

The court's judgment that a so-called "marriage" was never legally valid or invalid after the marriage.

Answer to Complaint and Counterclaim.

A responsive pleading that answers allegations made in the complaint. A counterclaim sets forth the defendant's allegations against the plaintiff, as if the defendant were asking for a divorce in the first instance. The defendant is sometimes called the "plaintiff-in-counterclaim" since he or she makes his or her initial claim in this pleading.

Antenuptial Agreement.

See Prenuptial Agreement

Appeal.

Review of a trial court's decision and judgment by a higher court. The appeals court can review the trial court's "findings of fact" and "conclusions of law." See Decision and Judgment.

Appear; Appearance; File an Appearance.

A court filing registering the name of your lawyer, or, if you represent yourself, your name as "pro se."

Arbitration.

A legally binding, non-judicial procedure held before a neutral third party, the "arbitrator," who acts as private judge; not available for Massachusetts divorces.

Arrearages.

The deficiency between the amount, if any, paid and the amount required under court order. If payments are made voluntarily on a de facto basis, i.e., not under court order, any reduction in the amount of such payments is not considered an arrearage.

Assented to Motion.

A motion agreed to in writing by the other party. An "unopposed" motion is simply not opposed by the other party, but not agreed to in writing.

Assignment of Property.

Same as equitable division of property.

Attachment; Motion for Attachment.

A lien on personal or real property created by court order (formerly known as a writ of attachment) in response to a motion for attachment.

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 advocate those causes espoused by the child(ren) and generally not substitute his or her own judgment.

Automatic Wage Withholding.

See Wage Assignment

A B C D E F G H I J L M N O P Q R S T U V W

Bankrupt; Bankruptcy.

The inability of a person to pay bills as they become due. Also, a person's legal status in federal bankruptcy court. Alimony and child support are generally not affected, but property divisions, including the marital home may be affected.

BBO.

See Board of Bar Overseers

Bench Trial.

A judicial hearing before a judge without a jury. In Massachusetts, all divorce trials are bench trials.

"Best interest" of the child.

The legal standard or doctrine for making child-related decisions.

Board of Bar Overseers.

A regulatory board appointed by the Supreme Judicial Court and charged with regulating the legal profession in Massachusetts.

Bomber.

A old term to describe an unethical divorce lawyer who sleeps with his clients.

Brief.

A document written in support of a motion.

Burden of Proof.

The party asserting a claim must prove such claim is true--in civil cases the party must prove the claim by a preponderance of evidence. In criminal cases, proof must be beyond a reasonable doubt.

A B C D E F G H I J L M N O P Q R S T U V W

Cannons of (Legal) Ethics.

Ethical rules established by the Supreme Judicial that regulate the behavior of lawyers. Violations can lead to warnings, fines, suspensions, and even license revocation.

Capias.

A civil arrest warrant ordering the sheriff or other officer to take a person into custody and deliver him or her to court. This procedure is used when a party refuses to appear in court.

Cause of Action; Claim.

A lawsuit. To bring an action (lawsuit). Certain wrongful acts are actionable offenses, meaning that such acts are the grounds for a lawsuit, i.e. they create a cause of action.

Chalk.

A chart or mock-up submitted to the court to demonstrate a point, but not formally introduced as evidence.

Change of Venue.

See Venue; Change of Venue

Child Abduction.

See Parental Kidnapping

Child Custody.

See Custody--Legal and Custody--Physical

Child Support.

Court-ordered or voluntary payments from the non-custodial parent to the custodial parent, not tax deductible by the paying parent, nor includeable in the recipient parent's taxable income.

Child Support Guidelines.

State guidelines requiring the non-custodial parent, under normal circumstances, to pay child support based on a percentage of gross income. The guidelines in Massachusetts are among the highest in the country.

Child Support Worksheet.

A court form to calculate the child support guidelines that is required in all cases involving children.

COBRA (Consolidated Omnibus Budget Reconciliation Act).

Federal legislation that guarantees all persons covered by medical insurance, the right, for a monthly fee, to continue coverage even if employment or marital status changes.

Cohabitation.

Unmarried persons living together as if married.

COLA.

Cost of living adjustment.

Commencement of Action.

The official beginning of your case, defined as the time of filing your complaint for divorce.

Common Law.

A body of law, sometimes referred to as "case law," developed by judges over many years which establishes how courts interpret statutes and handle matters not specifically covered by statutes.

Common Law Marriage.

A judicially-recognized marriage (but not recognized in Massachusetts) generally based on cohabitation.

Community Property.

A system of property division (not used in Massachusetts) which divides equally all property -- no matter in whose name it is held -- acquired during the term of the marriage, excluding inheritances and gifts in some jurisdictions.

Complaint 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 Probate and Family Court with a $111 fee ($110 for filing fees and $1 for the summons) and served along with a summons.

Conflict of Interest (Rules).

Lawyers are prohibited from entering certain relationships in which the lawyer, by virtue of his profession, received or appeared to receive confidential information about the opposing party. No lawyer can ever represent both sides in a divorce, even if uncontested.

Consolidation.

The joining of two related cases.

Constable.

A private individual who is legally empowered to serve process.

Constructive Service of Process.

The service of process through alternative means such as publication in a newspaper when the defendant resides out of state or whose whereabouts are unknown.

Contempt of Court, Complaint for.

Legal action brought when the plaintiff alleges a willful failure to obey a court order or judgment.

Contested and Uncontested Divorce.

In contested divorces, the parties are adversarial, they cannot agree on the terms of divorce, such as alimony, custody, visitation, child support, and division of assets. In uncontested divorces, the parties agree to all matters, and present an executed separation agreement to the court for approval.

Whether a divorce is contested or uncontested should not be confused with whether the divorce is fault or no-fault. The following illustrates the difference:

• Contested
  • Fault - grounds and property and/or support are in dispute; trial necessary if not settled
  • No-Fault - property and/or support in dispute; if no agreement is reached, the case goes to trial

• Uncontested
  • Fault - unusual since uncontested divorces avoid conflict; insistiing on fault destroys the cooperative nature of uncontested matters
  • No-Fault - signed agreement presented to the court for its approval

Contingency Fee.

In divorce cases, an unethical type of fee agreement providing the lawyer with a percentage of your settlement or judgment.

Co-respondent.

A third-party co-defendant in a divorce action accused of committing adultery with the defendant.

Counsel Fees Pendente Lite, Motion for.

"Pendente Lite" means during the litigation. Generally, a motion is filed by the wife requesting sufficient funds from the husband, or from the marital estate, to prosecute or defend the divorce action.

Counterclaim.

See Answer and Counterclaim

Court.

The term "court" has three meanings:

1. a physical place, e.g., courtroom, courthouse

2. a quasi-political entity, e.g., the Probate and Family Court

3. the actual judge or justice acting in his or her official capacity

Court of Appeals.

The appellate court for divorce matters whose decisions are reviewable by the Supreme Judicial Court.

Court Docket.

The formal court record of all pleadings, orders, and judgments entered into a docket book available for public inspection.

Court Order.

A written instruction from the court carrying the weight of law, i.e., the knowing violation of which constitutes contempt of court.

Courts of Equity.

See Equity; Courts of Equity

Coverture.

The period of time during which a women is married.

Cross-examination.

Following the direct examination of a witness by a lawyer, cross examination is the follow-up questioning by the opposing lawyer.

Cruel and Abusive Treatment.

Ground for divorce in a fault divorce, wherein the plaintiff must prove physical or emotional harm to her or himself.

Curtesy.

See Dower

Custodial Parent.

Usually refers to the parent with whom the child(ren) reside(s), i.e., the parent with sole or primary physical custody.

Custody--Legal.

A legal status or "custodianship" vesting authority to approve all major decisions affecting a minor child. Chapter 208, Sec. 29 defines legal custody as follows:

"Sole Legal Custody," one parent shall have the right and responsibility to make make decisions regarding the child's welfare including matters of education, medical care and emotional, moral and religious development.

"Shared Legal Custody," continued mutual responsibility and involvement by both parents in major decisions regarding the child's welfare including matters of education, medical care, emotional, moral and religious development.

Sometimes separation agreements use terms such as joint legal custody, meaning shared legal custody.

Custody--Physical.

Relates to the physical location of the child. Chapter 208, Sec. 29 defines physical custody as follows:

"Sole physical custody," a child shall reside with and be under the supervision of one parent, subject to reasonable visitation by the other parent, unless the court determines that such visitation would not be in the best interest of the child.

"Shared physical custody," a child shall have periods of residing with and being under the supervision of each parent; provided, however, that physical custody shall be shared by the parents in such a way as to assure a child frequent and continued contact with both parents.

Such terms as "sole," "primary," "shared," and "joint" are used to describe various parenting and visitation plans.

A B C D E F G H I J L M N O P Q R S T U V W

Decision and Judgment.

A decision is a judge's "finding of facts" and "conclusions of law." The decision forms the factual and legal basis of the court's judgment.

Decree Absolute.

See Judgment Absolute and Final Judgment

Decree Nisi.

See Judgment Nisi

de facto.

Latin meaning "in fact." Acting in a certain manner, usually as if complying with what a court might order, without such order being in place. For instance, if one parent is making voluntary child support payments pursuant to the guidelines, he or she is paying de facto guideline support, even though no court has so ordered.

Department of Revenue.

The Massachusetts agency responsible for child support enforcement.

Department of Social Services (DSS).

The Massachusetts agency responsible for the health and welfare of children.

Deposition.

An oral examination taken under oath before a stenographer, usually at the attorney's office who requests the deposition. Any person, whether a party to the case or not, can be called to a deposition, provided they have relevant evidence to give. The notice requesting the deposition may also contain a list of documents to be produced at the deposition. See Discovery; Pretrial Discovery.

Deposition Subpoena.

A subpoena requiring the named-person to attend a deposition.

Desertion.

One of several grounds for a fault divorce. Massachusetts requires the plaintiff to prove several of the following factors: 1) the defendant left the marital home for over one year; 2) the parties failed to agree to such departure; 3) the party who left failed to pay support; and 4) the reason for the departure was not caused by the plaintiff.

Discovery; Pretrial Discovery.

Discovery is the formal procedure for gathering information pursuant to rules of court. The primary methods are requests for financial statements under Supp. Rule 401, requests for production of documents, written interrogatories, depositions, and subpoenas to third parties.

Divorce Agreement.

See Separation Agreement

Divorce Judgment Absolute.

See Judgment Absolute

Divorce Judgment Nisi.

See Judgment Nisi

Domicile.

A person's "legal" home, i.e., where the person spends most of his time, or intends to return, if currently living elsewhere.

DOR.

See Department of Revenue

Dower.

The wife's common law right to inherit from her husband.

A B C D E F G H I J L M N O P Q R S T U V W

Emancipation.

In divorce court, "emancipation" does not necessarily mean "legal majority," i.e., 18 years old. Depending on the state and the educational status of the child, emancipation may occur between ages 18 and 23.

Equitable Division of Property.

Massachusetts is an equitable distribution state meaning that all property, whenever or however acquired, regardless of legal title, is subject to equal or unequal division.

In Massachusetts under "Section 34" the judge must consider 15 mandatory factors before making an equitable property division or awarding alimony:

1. length of the marriage
2. conduct of the parties during the marriage
3. age
4. health
5. station in life (life-style)
6. occupation
7. amount and sources of income
8. vocational skills
9. employability
10. estate
11. liabilities and needs of each of the parties
12. opportunity of each for future acquisition of capital assets and income
13. present and future needs of the children of the marriage

    The court may also consider the:

14. contribution of each of the parties in the acquisition, preservation or appreciation in value of their respective estates
15. contribution of each of the parties as a homemaker to the family unit

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.

Ethics; Legal Ethics.

A code of conduct, also known as the Code of Professional Responsibility, imposed on attorneys. Violations may subject the attorney to disciplinary proceedings and malpractice claims. See Canons of (Legal) Ethics.

Evidence.

Any testimony, document, or demonstrative material.

See Rules of Evidence.

Evidentiary Hearing.

See Trial; Hearing on the Merits; Evidentiary Hearing

Exhibit(s).

Any evidence attached to a pleading or introduced at trial, for example, a party'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. The motion session of the Probate and Family Court is referred to as the "Ex Parte" Session although both parties are usually present.

Ex Parte Session.

In Massachusetts, family court motion sessions are referred to as Ex Parte Sessions.

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.

A B C D E F G H I J L M N O P Q R S T U V W

Fair and Reasonable.

The judicial standard for approving separation agreements.

Family Service Office; Family Service Officer.

Sometimes known as the Probation Department, this office and its employees, also known as probation officers, assist the court with 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.

No-fault complaints for divorce merely allege an "irretrievable breakdown" of the marriage. The court must find that the marriage has "irretrievably broken down," leaving no chance of reconciliation.

Fee Agreement; Retainer Agreement.

The written contract between you and your lawyer.

See Contingency Fee Agreement and Success Fee Agreement for ethical problems with these types of Fee Agreements.

File; Filing.

Any document submitted to and officially received, i.e., "docketed" by, the court.

Final Judgment.

See Judgment Absolute

Financial Statement; Rule 401 Financial Statement.

Each party must complete, file, and serve a court-furnished financial statement printed on pink paper so it can be easily identified and "sealed," i.e., kept out of records available for public inspection.

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. See Decision and Judgment.

Full Faith and Credit.

A term found in the United States Constitution (Art IV, Sec. 1) requiring each state to honor the legal judgments of other states.

A B C D E F G H I J L M N O P Q R S T U V W

Garnishment.

See Wage Assignment

Grandparent Visitation.

See Visitation, Grandparent

Ground(s) for Divorce.

Certain improper or troublesome behavior that constitutes a "legal reason" for the court to grant a divorce. They are:

1. Adultery
2. Cruel and abusive treatment
3. Utter desertion
4. Long-term incarceration
5. Gross and confirmed habits of intoxication
6. Non-support
7. Impotency
8. Irretrievable breakdown of the marriage (no-fault)

Guardian ad Litem ("G.A.L.").

A court-appointed individual who, for the purpose of pending litigation, puts himself or herself in the shoes of a legally incompetent person such as a minor child. He or she also investigates the m atter and files a report with the court

A B C D E F G H I J L M N O P Q R S T U V W

Hague Convention on the Civil Aspects of International Child Abduction.

See Parental Kidnapping.

Hearing on the Merits.

See Trial; Hearing on the Merits; Evidentiary Hearing

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, such as a mortgage lender, sues you.

A B C D E F G H I J L M N O P Q R S T U V W

Investigator-Attorney.

A court-appointed lawyer who investigates matters pursuant to judicial order and reports his or her findings to the court.

Impeach; Impeachment of Testimony.

Discrediting a witness by proving lies, inconsistencies in stories told, and untrustworthiness. The witness may be impeached during cross-examination or by the direct testimony or evidence of another witness. See Direct and Cross Examination.

Impoundment of Pleadings.

You can ask the court, via motion, to impound your papers for good cause, such as certain inflammatory matters might be read by the children.

In Camera Hearing.

A closed-door hearing in judge's chambers, usually concerning sensitive child-related issues.

Infant.

A person who has not reached legal majority, usually 18 years of age. Also, referred to as a "minor," or unemancipated child.

Injunction; Injunctive Relief.

A court order prohibiting certain activity. See Temporary Order; Temporary Restraining Order

Innocent Spouse; Innocent Spouse Rule.

Section 434(c)(1) of the Internal Revenue Code protects an "innocent spouse" from tax liability if certain conditions are met:

1. A joint return was filed
2. The return contained a "grossly erroneous" error
3. The innocent spouse establishes "lack of knowledge
4. In light of all the "facts and circumstances" it would be "inequitable" to impose the tax on the innocent spouse

Tax counsel should be consulted.

Interlocutory Hearing.

Any court hearing at which a pretrial order or ruling is requested.

Interrogatories.

Interrogatories consist of written questions propounded to a person (who must be a party to the case). Answers must be in writing and made under oath pursuant to rules of court. See Discovery; Pretrial Discovery.

"Irretrievable Breakdown.

The legal ground for no fault divorce, also known as "1-A" divorces because they are granted under Chapter 208, Section 1A of the Massachusetts General Laws.

A B C D E F G H I J L M N O P Q R S T U V W

Joint Custody.

See Custody, Legal and Custody, Physical

Joint Petition.

When both parties ask the court to do the same thing, usually to grant a no fault divorce.

Judgment Absolute.

The final judgment which automatically follows the judgment nisi waiting period.

Judgment of Divorce Absolute.

The court's final judgment after expiration of the judgment nisi period. Upon this date you are legally divorced and can remarry. Generally, the final decree occurs automatically upon termination of the waiting period. Additional court filings and appearances are not required.

Judgment Nisi.

The initial, temporary judgment of divorce. When courts grant divorces, their judgments are not final until the expiration of a statutory "waiting period" known as the nisi period. It begins when the judgment nisi enters and ends upon entry of the "judgment absolute" on the docket.

Jurisdiction.

The court's legal authority to hear your case and issue legally enforceable orders and judgments. The Probate and Family Court in the county where you last lived together has jurisdiction over the divorce, unless neither party currently lives in such county.

A B C D E F G H I J L M N O P Q R S T U V W

Legal Custody.

See Custody--Legal

Legal Separation.

Massachusetts courts do not grant a legal separations, but all separations are legal in the sense that people have the right to live apart without a court order. See Separate Support for rights of separated parties where neither party files a complaint for divorce.

Lien; Spousal Lien on Marital Property.

See Attachment

A B C D E F G H I J L M N O P Q R S T U V W

"Mandatory Factors" (to be Considered by the Court).

The factors a court must consider before making a final decision relating to property division and alimony. See Equitable Distribution.

Marital Property.

In the absence of a prenuptial agreement, all property in which either party has an interest, including property acquired before marriage, inheritances, and property held in only one spouse's name.

Marital Tort.

See Tort; Marital Tort; Domestic Tort

Marriage Certificate.

The official certification (with raised seal) of your marriage issued by a public entity which you need to file with the court for a divorce.

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."

Memorandum of Law.

A legal document filed along with pleadings or other court papers setting forth your lawyer's legal research in support of a request to the court.

Modification, Complaint for.

The legal, post-divorce procedure to change or modify a separation agreement, or the court's earlier decision and judgment.

Motion.

A written request asking or "moving" the court to grant a temporary order, or rule on a legal matter.

A B C D E F G H I J L M N O P Q R S T U V W

Negotiated Settlement; Negotiated Agreement.

The parties, usually with counsel, develop a separation agreement. These agreements are not mediated; the parties, without any neutral third-party settle their controversy through negotiation.

Nisi.

See Judgment Nisi

No-Fault Divorce.

See Fault and No-Fault Divorce

Notice; Legal Notice.

The procedure for informing a party that a legal action or motion is pending before a court.

Nuptial.

Of, or pertaining to, marriage

A B C D E F G H I J L M N O P Q R S T U V W

Order.

See Court Order

A B C D E F G H I J L M N O P Q R S T U V W

Palimony.

Payments similar to alimony made to a former co-habitator (not recognized in Massachusetts).

Parens patrieae.

The right of the state to take charge of the care and custody of minor children or other legal incompetents when their health or safety so requires.

Parental Kidnapping.

The act of one parent illegally taking a child.

Pendente Lite.

Latin for "during the litigation." See Counsel Fees Pendente Lite, Motion for

Perjury.

Perjury is knowingly lying under oath.

Physical Custody.

See Custody--Physical

Pleadings.

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

Postnuptial Agreement.

Same as prenuptial agreement, but entered during the term of the marriage, often revising a prenuptial agreement.

Prejudice; With and Without Prejudice.

The concept that what happens in court or by stipulation of the parties will affect future proceedings. Generally, temporary orders are said to be without prejudice, which means that the parties have a right to a trial on all matters, including those decided by temporary orders. In contrast, with prejudice means that even at trial the earlier order determines the outcome. If your complaint for divorce is dismissed without prejudice, you may file again. If it is dismissed with prejudice, you may not refile.

Preliminary Hearing.

Any court proceeding that occurs prior to trial.

Premarital Assets.

Assets acquired before marriage. These assets are part of the marital estate in Massachusetts, and are excluded from, and constitute separate property in, community property and some equitable distribution states.

Prenuptial Agreement.

A written, premarital contract dealing with death and divorce, setting forth the rights and responsibilities of the parties upon occurrence of these events. The agreement must be "fair and reasonable" at the time it is signed and also at the time a party seeks to enforce it.

Pretrial Conference.

A court-mandated meeting of all parties and counsel with the trial judge.

Pretrial Memorandum.

See Trial, Pretrial Memorandum

Pretrial Order.

See Temporary Order; Temporary Restraining Order (TRO)

Primary Physical Custody.

See Custody--Physical

Privilege.

Refers to evidence based on private communications made within legally recognized "confidential relationships," such as husband-wife, attorney-client, patient- psychiatrist, and priest-penitent. It also includes the privilege against "self incrimination" which can be asserted by a party accused of adultery since adultery is still a criminal offense in Massachusetts.

Probate and Family Court.

The Massachusetts trial court with jurisdiction over divorce.

Probation Officer; Probation Department.

See Family Service Office.

Production of Documents.

Under a rule of court the plaintiff or defendant is allowed to demand documentary evidence to be produced by the other party. See Discovery; Pretrial Discovery

Pro Se; Pro Se Appearance.

When a party handles his or her own case, i.e., represents himself or herself, she is said to appear "pro se."

Proposed Findings and Rulings; Proposed Orders, Proposed Judgment.

A document prepared by you or your lawyer and submitted to the court setting forth your best case scenario, i.e., how you want the judge to find the facts and make "conclusions of law" to decide the case.

A B C D E F G H I J L M N O P Q R S T U V W

QDRO (Qualified Domestic Relations Order--pronounced "kwahd-row").

A court order directed to a "plan administrator" or "custodian" allocating retirement benefits between spouses.

A B C D E F G H I J L M N O P Q R S T U V W

Recrimination.

If the defendant is accused of adultery, "recrimination" is the counterclaim when the plaintiff is accused of adultery, too.

Register of Probate and Family Court.

An elected official charged with the administration of the Probate and Family Court. The Assistant Registers, who are usually lawyers, act as court clerks.

Rehabilitative Alimony.

Short-term spousal support designed to help the recipient "get started" with her new life. See Alimony.

Removal (of a minor child).

The legal proceeding brought by the custodial parent's complaint to remove (move) the minor child(ren) from Massachusetts.

Request for Admissions.

See Admissions

Request for Production of Documents.

See Production of Documents

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. In many states, violating a "domestic restraining order" is a criminal offense.

Retainer Agreement.

See Fee Agreement

Rules of Domestic Relations Procedure.

The rules that govern court procedure or steps you must follow in a court case.

Rules of Evidence.

The statutory rules governing testimony, documents, and demonstrative materials.

A B C D E F G H I J L M N O P Q R S T U V W

Sanctions.

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

Secretion of Assets.

The hiding of assets

Self Incrimination; the right against.

The right of the accused not to admit criminal wrongdoing, usually adultery in divorce-related cases.

Separate Property.

Property not considered part of the marital estate, usually in community property states, including property owned prior to the marriage and may include inheritance or gifts received during marriage. In Massachusetts, all property is marital property.

Separate Support.

A legal procedure brought by complaint for separate support, that allows the plaintiff to seek court orders without filing a complaint for divorce. Often used by people who have religious objections to divorce.

Separation.

See Legal Separation

Separation Agreement.

A legally enforceable, spousal contract settling all matters.

Service; Service of Process.

The legal process of informing, i.e., "giving notice," that a complaint or motion is pending.

Settlement Agreement.

See Separation Agreement

Shared Legal Custody.

See Custody

Sole Legal Custody.

See Custody

Sole Physical Custody.

See Custody

Special Master.

A court-appointed individual, usually an attorney, who assists the court as a private judge during certain aspects of the case, e.g., discovery.

Stipulation; Stipulated Agreement.

A written agreement intended to be entered as a court order upon assented to motion of the parties.

Strike; Motion to Strike.

Upon motion of a party, a court may remove certain pleadings and evidence from the docket upon finding such material totally irrelevant, scandalous, or without proper notice.

Subpoena; Subpoena Duces Tecum.

An order, usually of a notary public, issued to a party or non-party to a case, to attend a legal proceeding such as a trial or deposition. If documents also are requested, the subpoena is called a subpoena duces tecum, Latin for "bring with you." See also Discovery; Pretrial Discovery.

Success Fee.

Legal fees added to hourly billings if, in the lawyer's opinion, he or she deserves a bonus based on his performance. Protest any such billing.

Summons.

The court's official notice to the defendant that he or she must respond to the attached complaint. The fee is $1 for an official blank summons.

Supreme Judicial Court.

The highest court in Massachusetts.

Supervision; Supervised Visitation.

See Visitation

Surviving Agreement.

See Agreement and Modification; Complaint for

A B C D E F G HI J L M N O P Q R S T U V W

Temporary Alimony.

See Temporary Support

Temporary Order, Temporary Restraining Order (TRO).

A pretrial order compelling a party to do something, or prohibiting him from certain activities.

Temporary Support.

A temporary order of support issued while a case is pending.

Tenancy by the Entirety.

The manner in which jointly owned real estate is usually held by married couples. The surviving spouse, if the parties were married at time of death, becomes the sole owner automatically, regardless of any contradictory terms in the decedent's will.

Testimony.

Any statement made under oath.

Tort; Marital Tort; Domestic Tort.

A tort is any wrongful act which creates legal liability against the defendant or "tortfeaser." However, Massachusetts does not domestic torts.

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 or judgment relating to the matters presented. All such decisions are with prejudice, since they are final adjudications of the matters presented.

Trial Memoranda; Pretrial Memoranda.

A "sales" document filed with the court, setting forth each party's theory of the case, what they want, and why they should get it.

Trustee Process.

A court order to a third party, such as a banker, freezing an account or property.

A B C D E F G H I J L M N O P Q R S T U V W

Uncontested Divorce.

A divorce in which the parties agree on all matters as set forth in their separation agreement.

A B C D E F G H I J L M N O P Q R S T U V W

Vacate the Marital Home, Motion to.

A request to the court made by motion asking that one party, usually the husband, be forced to vacate the marital home.

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, Grandparent.

Grandparents have visitation rights in all 50 states.

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 when the non-custodial parent is accused of child abuse or neglect.

A B C D E F G H I J L M N O P Q R S T U V W

Wage Assignment.

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.

Writ of Attachment.

See Attachment; Motion for Attachment

Writ Ne Exeat (Arrest).

An arrest warrant granted in emergencies

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