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Divorce Terms | Allan Brandon Tise PLLC, Attorney at Law
Sep 23, 2021
In the course of a divorce, you will likely hear some new terms you have never heard of before. You should not feel embarrassed or overwhelmed if you do not understand the terms used by a family law attorney or judge, but you should try to educate yourself beforehand. This guide to common divorce terms will help you get started.
Affidavit
An affidavit is a written statement in which you make a declaration. You sign an affidavit under oath, so everything you write must be true to the best of your knowledge.
You should also be aware of the term deposition, which refers to a proceeding in which the other party's attorney asks you questions. Your attorney will be present as you answer them and may also ask questions. Under certain circumstances, the deposition may be used in court.
Contempt
If you willfully fail to follow a court order, a judge may declare you are in civil or criminal contempt of court. If you are found in contempt of court, the judge can issue a sanctions, including a fine or time in jail to purge your contempt.
One type of order issued by the court is a restraining order. Restraining orders prevent an individual from doing something, perhaps contacting the ex-spouse or their family members. A judge can also issue an order of protection, which requires one individual to stop harassing another, for example.
Subpoena Subpoenas are used to require an individual to appear in court or to provide documents to an attorney or evidence for the hearing.
Annulment
Annulment is the legal process of dissolving a marriage by claiming it is void. After an annulment, you can go on as if the marriage never legally took place. Annulment is only available in North Carolina under very limited circumstances.
Grounds for Divorce
Grounds for divorce provide the legal basis for your divorce. In North Carolina, divorces are no-fault divorces, which means that you are not required to prove fault with the other spouse.
Equitable Distribution
With equitable distribution of marital property, a judge divides property based on what he or she considers fair. Note that equitable distribution does not necessarily mean everything is split equally although that is a rebuttable presumption in North Carolina.
Marital property refers to any property obtained during the marriage, no matter whose name the property is in which is not otherwise classified as “separate property”. Property may include a car, retirement account, house, pension, or business. Marital property does not always include lawsuit compensation.
Plaintiff
The Plaintiff is the person who files the lawsuit. The individual who does not initiate the process is known as the defendant.
Alimony
Alimony consists of financial payments the court orders one spouse to pay to the other during separation or after divorce. You might also hear alimony referred to as spousal support or spousal maintenance. Whether or not one spouse is entitled to alimony is often based on their earning capacity, or ability to earn money based on their experience, training, and skills. There are no alimony guidelines in North Carolina.
Allan Brandon Tise, PLLC , offers legal services focused on family law. We offer affordable and accessible legal services that help you get through difficult times. Call our office today to discuss your case and set up a consultation with an attorney who cares.
Affidavit
An affidavit is a written statement in which you make a declaration. You sign an affidavit under oath, so everything you write must be true to the best of your knowledge.
You should also be aware of the term deposition, which refers to a proceeding in which the other party's attorney asks you questions. Your attorney will be present as you answer them and may also ask questions. Under certain circumstances, the deposition may be used in court.
Contempt
If you willfully fail to follow a court order, a judge may declare you are in civil or criminal contempt of court. If you are found in contempt of court, the judge can issue a sanctions, including a fine or time in jail to purge your contempt.
One type of order issued by the court is a restraining order. Restraining orders prevent an individual from doing something, perhaps contacting the ex-spouse or their family members. A judge can also issue an order of protection, which requires one individual to stop harassing another, for example.
Subpoena Subpoenas are used to require an individual to appear in court or to provide documents to an attorney or evidence for the hearing.
Annulment
Annulment is the legal process of dissolving a marriage by claiming it is void. After an annulment, you can go on as if the marriage never legally took place. Annulment is only available in North Carolina under very limited circumstances.
Grounds for Divorce
Grounds for divorce provide the legal basis for your divorce. In North Carolina, divorces are no-fault divorces, which means that you are not required to prove fault with the other spouse.
Equitable Distribution
With equitable distribution of marital property, a judge divides property based on what he or she considers fair. Note that equitable distribution does not necessarily mean everything is split equally although that is a rebuttable presumption in North Carolina.
Marital property refers to any property obtained during the marriage, no matter whose name the property is in which is not otherwise classified as “separate property”. Property may include a car, retirement account, house, pension, or business. Marital property does not always include lawsuit compensation.
Plaintiff
The Plaintiff is the person who files the lawsuit. The individual who does not initiate the process is known as the defendant.
Alimony
Alimony consists of financial payments the court orders one spouse to pay to the other during separation or after divorce. You might also hear alimony referred to as spousal support or spousal maintenance. Whether or not one spouse is entitled to alimony is often based on their earning capacity, or ability to earn money based on their experience, training, and skills. There are no alimony guidelines in North Carolina.
Allan Brandon Tise, PLLC , offers legal services focused on family law. We offer affordable and accessible legal services that help you get through difficult times. Call our office today to discuss your case and set up a consultation with an attorney who cares.
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Phone: 910-251-9614 | Email: brandon@tisefamilylaw.com | Address: 130 N Front St., Suite 201 Wilmington, NC 28401
Areas we serve: Wilmington, Carolina Beach, Kure Beach, Wrightsville Beach, Hampstead, Burgaw, Surf City, Landfall, Porters Neck and Wrightsboro
