Additional Resources & Information - Legal Terms

LEGAL TERMS

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

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• ACTION: A lawsuit or proceeding in a court of law.
  
  
• AFFIDAVIT: A written statement of facts, made voluntarily, and confirmed by oath or affirmation of the party making it.
  
  
• AGREEMENT: A verbal or written resolution between both parties regarding disputed issues.
  
  
• ANSWER: The written response to a complaint, petition, or motion.
  
  
• ALIMONY: Former term meaning the payment of support provided by one spouse to the other. Spousal support payments are more commonly referred to as maintenance.
  
  
• ALIAS SUMMONS: A second summons, which is issued when the original is defective in form or manner of service. The alias summons will supercede the first summons so that the parties may proceed with the case.
  
  
• ALTERNATIVE DISPUTE RESOLUTION: A method for settling disputes by means other than litigation. Common forms of alternative dispute resolution include mediation and arbitration. These procedures are usually less costly and more expeditious and are increasingly being used in divorce actions and other disputes that would likely otherwise involve court litigation.
  
  
• ANNULMENT: A marriage can be dissolved in a legal proceeding by which the marriage is declared void, as though it never took place. In the eyes of the law, the parties were never married. Grounds and procedures for annulment of marriage vary between the states and may available only under certain limited circumstances.
  
  
• APPEAL: A legal action where the losing party requests that a higher (i.e. appellate) court review the decision of the lower (i.e. trial) court.
  
  
• ARBITRATION: Arbitration is a process of dispute resolution in which a neutral third party renders a decision after a hearing at which both parties have an opportunity to present their case. Often times the parties may select their own arbitrator who has the power to render a binding decision. Arbitration is intended to avoid the formalities, delay and expense of ordinary litigation.

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- C -

• CHILD SUPPORT: In Colorado, child support is a right belonging to the minor child and a legal obligation of either or both parents. The determination of child support is based upon statutory guidelines and includes factors such as the financial resources of the parties and the needs of the child.
  
  
• CHILD SUPPORT GUIDELINES: Colorado has child support guidelines, which must be followed in awarding child support. The guidelines are a formula found in the statutes. Each parent must fill out a Financial Affidavit whose figures are used in formula. The court will review the figures on the worksheet and apply the guidelines before entering a child support order. There are only a few circumstances when the court can award child support higher or lower than the guidelines.
  
  
• CIVIL RESTRAINING ORDER: The Court will automatically issue a temporary restraining order upon the filing and service of every petition for dissolution of marriage or legal separation. The automatic restraining order prevents either party from concealing or disposing of marital property, disturbing the peace of the other party, removing the minor children from the State of Colorado without consent, and terminating any insurance policy under which the other party is covered, including health and automobile insurance.
  
  
• COMPLAINANT: The one who files the suit, same as a Petitioner.
  
  
• COMMON LAW MARRIAGE: A common law marriage comes about when a man and woman who are free to marry hold themselves out as husband and wife without the formal ceremony. To be common law married, the spouses must exhibit habits common to a married relationship and they must have the reputation of husband and wife in the community. Colorado courts recognize common law marriages.
  
  
• COMPLIANT: The legal paper that starts a case. The document is known as a Petition in a Dissolution of Marriage action.
  
  
• CONTEMPT: Failure to follow a court order. A party who resists or fails to obey the Court’s orders can be held in contempt. The punishment for contempt may include a fine, sanction, or even imprisonment under extreme circumstances.

- D -

• DECISION MAKING RESPONSIBILITIES: Decision Making Responsibilities is the term adopted by the Colorado Legislature in 1999 to replace the old theory of “sole” or “joint” custody of children.
  
  
• DECLARATION OF INVALIDITY: A declaration of invalidity is entirely different from a divorce or legal separation. A declaration of invalidity is sought in those limited situations when a spouse alleges that the marriage never existed, that the marriage was based on an invalid contract, or the marriage was prohibited altogether under Colorado law.
  
  
• DECREE: A Decree of Dissolution or Legal Separation is entered at the conclusion of each divorce action, but no sooner than 90 days following the filing of the Petition. The decree contains references to any agreements reached between the parties as well as provisions regarding any requested name changes. A decree may be entered by non-appearance (without a formal hearing) if both parties are represented by counsel and all issues have been agreed upon.
  
  
• DEFAULT: A party's failure to appear in court or to answer a complaint, motion, or Petition.
  
  
• DEFENDANT: The person the case is brought against, same as Respondent.
  
  
• DEPOSITIONS: Each side has the right to take depositions of the parties and witnesses who might appear at the hearing. During a deposition, the opposing attorney will ask questions about the circumstances surrounding case. The answers are given under oath. A party may have an attorney present during the deposition to provide assistance and advice during questioning.
  
  
• DISCOVERY: Discovery describes the pre-trial stages of a case when the parties obtain facts and information from each other. Under the Rules of Civil Procedure, the “tools” of discovery include: depositions, interrogatories, requests for production, and physical and mental examinations. The goal of discovery is to learn information necessary in a case, which is in the exclusive control of the other party.
  
  
• DISSOLUTION: The legal end of a marriage, same as entry of the decree.

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• EXPERTS: A case may involve the participation of one or more persons known as “experts” who are knowledgeable in a special field related to the subject of the case. An expert is qualified to speak authoritatively and to offer a technical or professional description of the specific issues. An expert may also offer their opinion of the issues in a case.

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• FILING: Giving the clerk of Court your legal papers for inclusion in the file or review by the judicial official.

- G -

• GROUNDS FOR DIVORCE: The legal basis for a divorce. Colorado applies the theory of “no fault” divorce, whereby a party needs only to allege that the marriage is irretrievably broken in order to proceed with the divorce. The laws of some states set out specific reasons for a divorce, which must be proven before the court can grant a divorce.

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• INTERROGATORIES: After a case is filed in court, each side has a right to submit written questions to the other side. The questions are called interrogatories and must be answered by the receiving party under oath.

- J -

• JUDGMENT: The official decision of a court regarding the respective rights and claims of the parties involved in the case.
  
  
• JURISDICTION: The power of the court to decide a matter, including its control over the subject matter and the parties.

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- L -

• LEGAL SEPARATION: A party may seek a legal separation as an alternative to divorce. A legal separation operates in the same manner as a divorce; however, in a legal separation the marriage is not legally dissolved. In a legal separation, a party’s rights as a spouse are maintained.

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• MANDATORY DISCLOSURES: In every case, a party has a duty to disclose certain information to the other side pursuant to the Rules of Civil Procedure. Under these “mandatory disclosures” a party must provide a complete financial affidavit showing current income and expenses, a copy of personal and business tax returns, pay stubs or statements of earnings, tax returns for any business or partnership in which the party is involved, and any information relating to a pension, profit sharing, or retirement plan. The mandatory disclosures must be made within the required time period.
  
  
• MARITAL AGREEMENTS: Marital agreements, also known as “ante nuptial agreements” are generally entered into by people about to be married in an attempt to resolve issues of support, distribution of wealth, and property division in the event of the death of either party or the dissolution of their marriage. Marital agreements must satisfy certain elements to be valid and they are scrutinized for their effect on certain rights of party.
  
  
• MARITAL PROPERTY: Includes all property acquired during the marriage, even if it is not titled in both names, with limited exceptions.
  
  
• MAGISTRATE: Hears cases like a judge but is limited to the issues that he/she may review. A master's decision is binding but may be reviewed by a judge before submission for appeal.
  
  
• MEDIATION: Mediation is a method of alternative dispute resolution, which is sometimes used to resolve the parties’ dispute. In mediation, both sides submit their dispute to an impartial person who assists them in trying to reach a mutual agreement. Mediation can be a cost-effective way to resolve specific issues or the entire case.
  
  
• MODIFICATION OF ORDERS: At some point following the entry of the divorce decree, a party may seek the modification of orders previously entered by the Court. Orders commonly modified in a post-decree action include: parenting time orders, support orders, and orders for maintenance. The most common basis for modifying an existing order is changed circumstances.
  
  
• MOTION: A written or oral request to the court.

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- P -

• PARENTAL RESPONSIBILITIES: In all cases involving minor children, the Court will make a determination of the allocation of parental responsibilities, including decision making responsibility, and parenting time. The criterion applied in the Court’s determination is “the best interests of the child(ren).”
  
  
• PARENTAL RESPONSIBILITIES EVALUATION: The Court, at its own discretion or upon the request of a party, may order a Parental Responsibilities Evaluation in cases with minor children. The evaluation is performed by a licensed mental health professional who files a written report regarding disputed parental responsibilities issues. While a parental responsibilities evaluation is not determinative of the outcome of a case, it is relied upon heavily by the judge in issuing the final orders.
  
  
• PARENTING TIME: The Colorado General Assembly has recognized that, in most cases, it is in the best interests of the children of the marriage to have a relationship with each of their parents. To facilitate this goal, the court will examine the dynamics of the parent-child relationship and enter an order for parenting time. The determination of a parenting time schedule is based on what is in the best interests of the child(ren).
  
  
• PERMANENT ORDERS: When a marriage is dissolved, both parties either agree to or are subject to orders, which contain certain obligations and commitments. Often times, these obligations are determined in Court at a “Permanent Orders Hearing”. Honoring and enforcing what was determined at the hearing is necessary to maintaining the full effect of the parties’ agreement or court orders. Therefore, the Court holds the parties accountable for fulfilling all of the obligations and commitments made between the parties or entered as an order of the Court.
  
  
• PETITION: The legal paper that starts a divorce case.
  
  
• PETITIONER: The person who started the case.
  
  
• PRO SE PERSON: Representing yourself in court without an attorney.
  
  
• PROPERTY DIVISION: In every action for dissolution of marriage, the Court will address the division of property and debt. Property acquired by either spouse subsequent to the marriage and prior to the entry of a decree of legal separation or dissolution is presumed to be marital property regardless of how the property is titled or held. Additionally, any increase in the value of separate property during the marriage is considered to be marital property subject to division. Also included in the division of marital property is the allocation of marital debts.

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- R -

• RECONCILIATION: The parties’ attempt to repair the marital relationship.
  
  
• REQUEST FOR DOCUMENTS: During the discovery period of a case, a party may request supporting documents from the other party. The requested documents may include tax returns, insurance policies, bank statements, or any other documents, which are relevant to the issues in the case and not protected by the attorney-client privilege.
  
  
• RESTRAINING ORDERS: A party who has been a victim of abuse by the other party may request a temporary restraining order at any stage of the litigation. A temporary restraining order can prevent a party from threatening or injuring or even contacting the other party or the minor children. In some cases a temporary restraining order may be sought to exclude a party from the shared residence or family home. In cases involving children, the temporary restraining order may address temporary care and control of the children as well as arrangements for parenting time. A temporary restraining order can be made permanent by serving the other party with notice and holding a hearing.

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• SEPARATION AGREEMENT: Some divorce actions may involve issues that are agreed upon by both parties. Additionally, negotiations in a case may result in an amicable settlement of all the issues. In these situations, which result in a fair and equitable agreement between the parties, the terms of the their agreement may be set forth in one document which will be entered as part of the final decree. A settlement agreement entered in a decree is enforceable as an order of the court.
  
  
• SERVICE OF PROCESS: After a case is filed in the Court, the non-filing party must be served with a copy of the Summons and Complaint. Serving these pleadings notifies the party of the pending matter and affords him/her the opportunity to appear and be heard. A non-filing party who is aware of the pending action and is willing to cooperate may accept service by signing a “waiver of service.” Rules relating to service of process also apply to all subsequently filed pleadings and motions.
  
  
• SETTLEMENT NEGOTIAIONS: Many parties to a dissolution of marriage action reach a mutual agreement through negotiation of the pending issues. During negotiations, an attorney must advise a party of any settlement discussions and offers.
  
  
• SPECIAL ADVOCATE: The Court, at its own discretion or upon the request of a party, may appoint a Special Advocate to assist with the determination of parental responsibilities in cases with minor children. The Special Advocate is an expert, usually an attorney or mental health professional, who investigates the circumstances surrounding a case and makes recommendations that affect the child’s best interests. While a Special Advocate’s report is not determinative of the outcome of a case, it is relied upon heavily by the judge in issuing the final orders.
  
  
• SPOUSE: Either husband or wife.
  
  
• SPOUSAL MAINTENANCE: Spousal Maintenance may be ordered by the Court if a spouse lacks sufficient property to provide for his/her reasonable needs. Several factors go into the Court’s decision to grant an award of maintenance and the determination of the amount of that award. The factors include a party’s inability to provide for themselves and the other party’s ability to pay. An award of maintenance may be temporary or may be ordered for an indefinite period of time.
  
  
• SUBPOENA: A form issued by the court requiring someone to appear in court and/or tender documents to the other side.

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• TEMPORARY ORDERS: After a case is filed, a party may request temporary orders. A temporary order is an interim arrangement while the case is pending which covers the payment of debt, the use of property, payment of maintenance, payment of child support, and parental responsibilities. The purpose of a temporary order is to maintain a party’s standard of living until the permanent orders are entered.

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• UCCJEA: Some cases involve parties and children who reside in different states. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) was adopted to set clear guidelines as to which state has jurisdiction over a custody proceeding when problems arise. The UCCJEA covers all cases involving child-custody, including: “divorce, legal separation, parenting time, grandparent visitation, neglect, abuse, dependency, guardianship, paternity, and termination of parental rights. Under the UCCJEA, states must recognize and enforce any child-custody determination issued by another state if the order complies with the jurisdictional rules of the Act.
  
  
• UNCONTESTED DIVORCE: When a party elects not to dispute any of the issues in their case.

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• VENUE: The county where the case is filed and heard. Normally the county in which one or either of the parties’ resides.

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• WRITE OF SUMMONS: A form issued by the court directing a party to respond to a complaint, motion, or petition.

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