Glossary

Excessive lapse of time in enforcing a right that can be enforced by legal action; negligence in failing to act more promptly.

Legal separation is available to parties who want to be legally separated from their spouse, but for religious or other reasons want to remain married. Instead of filing a Petition For Dissolution of Marriage, a party will file a Petition For Legal Separation. In the action for legal separation, most of the remedies available in a dissolution of marriage proceeding are also available in the legal separation proceeding, including property division, child support, spousal support and attorney’s fee awards.

A claim on property to prevent the sale or transfer of that property until a debt is paid. The lien may be enforced or collected by levying on the property.

Jurisdiction of a court over property until final decision of a case; from the Latin for “a pending suit.”

Litigation is the process by which matters are resolved with the Court’s assistance. In most instances, both parties have retained separate counsel to assist them in the legal process. Litigation may result in the matter proceeding to trial. Formal discovery procedures are often employed during preparation of the client’s case. Litigation is at times the only resolution option when the parties’ disputes cannot be resolved through other means.

Litigation is necessary in cases where one party is unwilling to share information or actively hides it, or when a settlement can’t be reached through other means.