Maryland Family Law Attorney
Ad Litem: a person appointed to a suit on behalf of a party incapacitated by infancy or otherwise. A Guardian Ad Litem would be a guardian appointed to oversee another person. An Attorney Ad Litem would be an attorney represented to another person, usually a child or children, who may be affected by the suit.
Adoption: a legal process wherein parental rights are terminated (usually one or both birth parents) and rights and duties for and toward a child are created in the adoptive (new) parents.
Alimony: maintenance or support for a spouse or former spouse.
Annulment: a proceeding to have a marriage declared void as if it never took place.
Appeal: to contest the outcome of a case or have a higher court review the decision or outcome. Appellate courts have jurisdiction to review the law applied in a trial court.
Child Support: the legal obligation of parents to contribute to the economic maintenance or support of their children. Child support guidelines are set by statute. There is a presumption that the guidelines are adequate but may be modified to address particular needs.
Child Support Guidelines: The charts used to determine the amount of support to be paid. The guidelines take into account a host of factors to be considered to determine the amount to be paid.
Child Support Modifications: A Court ordered change in the amount of support owed. The standard in Maryland is a showing of a material change in circumstances.
Collaborative Law: a process used by some trained lawyers to try and resolve issues and disputes through an open sharing of information without the threat and intimidation of court intervention.
Common Law Marriage: a marriage created by law when a man and woman are free to marry, intend to be married, live together as husband and wife, and represent to others that they are married. The District of Columbia recognizes common law marriages.
Community Property: property, other than separate property, acquired by either spouse during the marriage; property owned by husband and wife each having an undivided one-half interest in the property because of their marital status; property belonging to the marriage; property accumulated during the marriage; and includes wages earned during the marriage. Property possessed by either spouse during or on dissolution of marriage is presumed to be community property.
Contempt: a willful disregard of a court order. Every court has power to punish those subject to its orders. Generally, the court may fine or jail a party who willfully disobeys a lawful order of the court.
Custodial Parent: generally, the parent with whom the child resides even though custody may be shared.
Dating Violence: an act by a person that is against another person with whom that person has or has had a dating relationship and that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the individual in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself. Dating relationship means a continuing relationship of a romantic or intimate nature.
Division of Property: the method by which the court will divide community property upon divorce. The court shall order a division of the property in a manner that is fair and equitable, having regard for the rights of each party and any children of the marriage.
Divorce: a legal proceeding to end an otherwise valid marriage; provides for division of property and issues orders regarding any children. Texas recognizes "no fault" divorces; therefore, it is not necessary to prove either party to be at fault in the break up.
Domestic Violence: Violence against a spouse or a person in some other family or romantic relationship.
Enforcement: a motion or hearing to enforce prior orders of the court, including provisions of the divorce decree, child support obligations, and periods of possession related to the children.
Evidence: the means by which alleged matters of fact is established or disproved. Evidence includes testimony of witnesses, documents, records, exhibits, objects, and any other probative matter offered for the trier of fact to consider in reaching its decision.
Equitable Distribution: the process of identifying, valuing, and equitably dividing marital property, or ordering compensatory payment from one spouse to another.
Exceptions: A procedure whereby a matters or commissioner's finding and recommendation are bought before a judge for review.
Family Violence: an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself.
Jury: a body of members of the community who are selected to hear facts and evidence.
Jury Trial: a trial with a jury comprised of members of the community who will determine issues submitted.
Licensed Marriage: a marriage requiring a marriage license and performed by an authorized official (minister, priest, rabbi, judge, etc.)
Marital Property: property that the Court will divide equitably between the parties in a divorce, or that it will consider in ordering any compensating payment (monetary award) from one party to the other. Generally, this is property acquired by one or both spouses during the marriage.
Master: Masters are not quite judges, but they are appointed as special assistant to the Court to hear uncontested divorces and some contested divorces in order to make recommendations to the judge. The recommendations are usually adopted by the judges.
Mediation: a process where parties meet with a neutral person (mediator) to try and resolve issues in their case without the need for court intervention. Mediation is generally required in all family law matters. Mediation often results in costs savings for the parties and is generally a friendlier and more relaxed process than court.
Pendente lite: During the litigation; temporary; until the trial.
Parenting Class: a class or workshop offered to parents, and sometimes required by the court, to assist parents in dealing with children, learning new discipline techniques, life skills, and strengthening family bonds.
Paternity: status as a father. Among other reasons, actions can be brought to establish paternity for purposes of support.
Perjury: generally, making a false statement under oath.
Petition: a document to begin a proceeding in court. Petitions are filed to begin a divorce, seek modification of child support or possession, or enforce orders, among other things.
Petitioner: the party who files the petition to start a proceeding in court.
Presumed Father: a man becomes a father if his paternity is presumed. A presumed father is a man who, by law, is recognized as the father of a child until that status is rebutted or confirmed in a judicial proceeding.
Protective Order: an order issued by a judge or magistrate generally prohibiting harassing communications, stalking, threats, physical contact, etc. There are 3 types of family violence protective orders that can be granted: interim Protective Order (IPO), temporary protective order (TPO), and final protective order (FPO). There can be civil and criminal consequences to violating a protective order.
Respondent: the non-partitioning party in a proceeding.
Service: a process where a sheriff, constable, or private process server delivers a copy of the petition to the respondent.
Separate property: Property that is not marital property, generally because it was owned by a spouse prior to a marriage.
Split Custody: Each parent has physical custody of one or more of the party's children.
Subpoena: a court order, usually directed to a person, to personally appear before the court at a designated time or to appear and provide documents or objects.
Trial: a process where a judge or jury hears the facts of a case, as presented through witnesses and evidence, according to established rules and procedures for the purpose of determining issues presented.
Visitation: the non-custodial parent's time with the children. Sometimes referred to in an order/agreement as time-sharing.
