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Say what?? What is my divorce lawyer talking about? Definitions to a few common legal terms

Marie Hillman • Oct 08, 2015

Legal terminology can be confusing.  Knowing the meaning of a few legal terms will make it easier to understand what is happening with your Louisiana divorce. […] The post Say what?? What is my divorce lawyer talking about? Definitions to a few common legal terms appeared first on Hillman Law Firm.

Legal terminology can be confusing.  Knowing the meaning of a few legal terms will make it easier to understand what is happening with your Louisiana divorce. Here is a list of some of the legal terms you may encounter:

Common Legal Terms in Louisiana Divorce

ANSWER:  a response to a petition, which can include statements agreeing with and/or disputing the statements made in the petition.

CLERK OF COURT:  a court officer responsible for filing papers, issuing process, and keeping records of court proceedings as generally specified by rule or statute.  

COMMON-LAW MARRIAGE:  a marriage that takes legal effect without license or ceremony, when a couple lives together as husband and wife, intending to be married, and treats themselves as married in their dealings with other people. Louisiana does not recognize common-law marriage.

COMMUNITY PROPERTY:  property owned in common by husband and wife as a result of its having been acquired during their marriage.

DEFAULT JUDGMENT:  a judgment against a defendant who has not responded to a lawsuit.

DEFENDANT: a person who is sued.

FILING:  giving the Clerk of Court the documents of your lawsuit and paying the appropriate fees.

GROUNDS FOR DIVORCE:   the legal basis for a divorce. In Louisiana it is not necessary to ask for a divorce on specific grounds. A divorce can be granted solely on the basis that one of the parties no longer wishes to be married and have lived apart for the correct amount of time

JUDGMENT:  a judge’s ruling

LIVING SEPARATE AND APART:  the requirement for a divorce that you live physically separate. In both the Art. 102 and Art 103(1) divorces, you must live separate and apart for a required time.

MOTION:  a request to the court for a specific ruling or order.

NOTARY PUBLIC:  a person authorized by the state to administer oaths, certify documents, and attest to the authenticity of signatures.Often shortened to Notary.

ORDER:   a written command, direction or instruction delivered by a court or judge.

PARTY:  one of the people involved in a lawsuit. It can refer to either the petitioner‘s or plaintiff‘s side or the respondent‘s or defendant‘s side.

PETITION:  a formal written request presented to a court to start a case.

PETITIONER:  the party who presents the formal written request to the court to start a case also called the Plaintiff

PROPER PERSON OR PRO SE:  representing yourself in court without an attorney.

RECONCILIATION:   voluntarily getting back together with your spouse with the intent to stay together.  One or two moments of intimacy without intent to stay together is  not a reconciliation

SEPARATE AND APART:  husband and wife living apart from each other, along with at least one spouse’s intention to dissolve the marriage.

SEPARATE PROPERTY:   property that one spouse owned before the marriage, or acquired during the marriage by inheritance, or has designated as separate by agreement

SERVE:  to make legal delivery of a notice or process.  This is generally done by the a sheriff deputy

SUBPOENA:  a form issued by the court requiring a party to appear in court.

VERIFICATION:   a written statement made by a party in the presence of an authorized officer, such as a Notary Public, in which the party swears to the truth of the statements s/he is making,

WAIVER OF CITATION AND SERVICE:   a document signed by the defendant spouse in front of a notary which says s/he agrees not to have to be served by the Sheriff with the divorce petition or rule. Signing a waiver does not mean that the person agrees with what is written in the petition or rule but that s/he has received the documents

 

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