Glossary

A person or business that owes a debt (usually money).

A sworn, written statement that is used as evidence in court. The statement supports or establishes a fact. The person that makes the declaration certifies or declares under penalty of perjury that the statement is true and correct. The person that makes the declaration is called the “declarant.” The declarant must sign and date the declaration. The declaration must also say where the declaration was signed or that it was made under the laws of the State of California.

When a defendant in a civil case doesn’t file an answer or go to court when they’re supposed to, but was properly notified. This is called being “in default.”

A court decision in favor of the plaintiff when the defendant doesn’t answer or go to court when they’re supposed to.

In family law, this usually means a child that is financially supported by another person. In juvenile law, this means a minor that is in the custody of the court because he or she was abused, neglected, or molested or is physically dangerous to the public because of a mental or physical disorder.

Written or oral testimony given under oath in front of an authorized third person like a court reporter. Depositions take place outside of court. They allow the parties to get a record of a person’s testimony, or to get testimony from a witness that lives far away. They can help the lawyers prepare their court papers called “pleadings.”

A part of a written court case opinion that is related to the case, but not needed to decide it. Can’t be used as precedent in future cases.

When a witness testifies and answers questions posed by the party that asked them to testify.

A procedure that orders an employer in another state to withhold support from an employee’s paycheck without having to go through the IV-D agency or court system in that state. With this order, withholding can start right away, unless the obligor doesn’t agree, and no court pleadings are required.

The gathering of information (facts, documents, or testimony) before a case goes to trial. Each party in a divorce or family law proceedings has the opportunity to ask questions of the other spouse who is required to give responses to the questions under penalty of perjury. The questions may be asked informally in a letter; by sending written questions called interrogatories or requests for admission; or in person at a deposition. Each spouse also has the opportunity to request that the other spouse provide a list of documents relating to issues being litigated in the divorce. These documents often include tax returns, general ledgers, profit and loss statements, paycheck stubs, W-2 forms, bank statements, financial statements and other similar documents. The documents are reviewed to create a community property balance sheet; determine cash flow available for payment of child and/or spousal support; to develop trial exhibits and questions; and for many other purposes.

After filing the Petition for Dissolution each side must serve a disclosure statement that sets forth their income, expenses, property, debts and reimbursement requests. This form is called a Preliminary Declaration of Disclosure. Each party also has the opportunity to ask questions of the other spouse who is required to give responses to the questions under penalty of perjury. The questions may be asked informally in a letter; by sending written questions called interrogatories or requests for admission; or in person at a deposition. This process of obtaining information from your spouse is called “discovery.”

Each spouse also has the opportunity to request that the other spouse provide a list of documents relating to issues being litigated in the divorce. These documents often include tax returns, general ledgers, profit and loss statements, paycheck stubs, W-2 forms, bank statements, financial statements and other similar documents. The documents are reviewed to create a community property balance sheet; determine cash flow available for payment of child and/or spousal support; to develop trial exhibits and questions; and for many other purposes.

When a judge decides (usually voluntarily) not to hear a case. In most cases, this decision has to do with an outside interest of the judge’s that may influence his or her ability to decide the case in a fair and impartial way.

A marriage that is ended by a judge’s decision, also known as a “divorce.”

California law recognizes the vital importance of full and accurate disclosure of assets, liabilities and financial circumstances at the early stages of a marital action in order to ensure a proper division of the community estate and fair and sufficient child and spousal support awards. [Ca Fam §§ 2100(a),(b) & (c), 2120(a)] If obtaining information is challenging, formal discovery.

The regular way that the law is administered through the courts. The U.S. Constitution says that everyone has to have a day in court, has the right to be represented by a lawyer, and the right to benefit from court procedures that are speedy, fair, and impartial.