Family Law
Glossary of Legal Terms
There is nothing impressive about an attorney using arcane legal words unknown to the client. Legal terminology often is overwhelming and not understood by the client. At the same time, many of these arcane legal words may come up during the legal process. Set forth below is a glossary of legal terms often used in family law matters. Having definitions for these terms may be helpful to you to better understand your particular legal matter. Of course, it is not possible for any glossary to contain a complete list of all terms you may encounter. You should feel free to ask me to explain any legal term I may use with which you are not familiar.
Acceptance of Service
The initial papers filed in any legal matter such as a dissolution of marriage proceeding must be served on the other party. Generally, this is done by a process server. However, some people don’t want to be served by a process server, and those parties can make arrangements to sign an Acceptance of Service, accepting the initial papers and waiving the requirement that the papers be served by a process server.
Affiant
This is a person signing an affidavit.
Affidavit
A written statement signed by a person (the affiant) and sworn before a notary public or other authorized party.
Affirmative Relief
This is compensation, relief or benefit which may be due and granted to a party. Classic examples would be custody, parenting time, and/or child support.
Agreement
You have an "Agreement" when the parties agree how to resolve one or more of the differences between parties. It can either be oral or written. In written form, it can be made into an order of the court after being signed by the parties and presented to a judge.
Alimony
See “Spousal Support”.
Annulment
The legal ending of a marriage not considered to be valid by law. A marriage that has been "Annulled" is treated as if it never happened, as opposed to a marriage ending in divorce, which is treated as having happened, but now ended. (Children of an "Annulled" marriage are considered legitimate, although the marriage was considered invalid).
Appeal
A request to a higher court to review a lower court's decision made at trial.
Appellate Court
This is a court which hears appeals from decisions made by the trial judge. The "Appellate Court" is utilized to review a lower court's decision to determine if the proper decision was made. The "Appellate Court" has the power of reversal, revision, or correction of that decision, in whole or in part.
Appraisal
This is a professional evaluation of the value of some item of real or personal property. Most commonly used to value a home, but can also be performed on items of personal property, too.
Arbitration
The hearing and determination of a case submitted to an arbitrator (impartial third party) to reach a decision about issues upon which the parties cannot agree. Absent an agreement of the parties, this in available only in cases limited to property issues, and not involving custody, parenting time, child support, and/or spousal support. The ruling of the arbitrator is binding unless either party requests a trial.
Attorney-Client Privilege
Communications which are between only the attorney and the client (no third persons may be present) which the client reasonably believes to be private are said to be confidential and protected by the attorney-client privilege. The content of such discussions may be disclosed only upon the consent of the client. This protects the client's ability to be honest with the attorney without fearing the repercussions of future disclosure.
Bankruptcy
A legal proceeding to obtain relief from the obligation to pay debt, possibly including debt distributed between the parties in a family law proceeding. The bankruptcy court takes control and administers the financial affairs of the party. Spousal support and child custody are not dischargeable debts. Other marital debts may be dischargeable, depending upon the facts and circumstances.
Best Interests of the Children
The primary concern for the court in determining custody and parenting time issues is a determination as to what is in the "Best Interests of the Children".
Child Support
Money ordered to be paid to one parent (usually the primary custodian) by the other parent (usually the non-custodial parent) to help with the expenses of raising the children. The amount of the "Child Support" is established by guidelines established and required by the state. "Child Support" is not taxable as income to the recipient nor can it be deducted by the paying party.
Child Support Guidelines
The rules and formula used by the court to determine the amount of child support that the state presumes to be correct under the facts presented. While it is based upon many factors, the primary factors are the gross incomes of the parties, the number of joint children of the parties, the number of non-joint children of either party, day care costs, health insurance costs, and the percentage of overnights each party has with the children.
Claim
A demand or request made of another person for property, money, or enforcement of a right provided by law.
COBRA
The "Consolidated Omnibus Budget Reconciliation Act (COBRA)" is a federal law giving you and your covered dependents the right to continue group health coverage after a divorce or loss of a job when your eligibility for employer-sponsored group medical and dental insurance is lost through loss of employment or through divorce. "COBRA" eligibility is usually for 18 or 36 months after the event. You are responsible for the cost of "COBRA".
Community Property
Property and assets regarded as jointly owned by a husband and wife acquired during their marriage. Assets not considered jointly held would be property and profits clearly in one party's possession prior to the marriage, inheritances received and not commingled, and gifts to a specific party. Oregon is not classified as a "Community Property" state. Washington is a "Community Property" state.
Comparative Market Analysis (CMA)
Because realtors are not trained as real property appraisers, they cannot say what a piece of real property is worth. They can, however, set forth what that realtor believes a piece of real property should be listed and sold for. This opinion is set forth in a document known as a "Comparative Market Analysis", or "CMA". Generally can be completed quickly by the realtor and are generally done at no cost to the attorney or client.
Contempt of Court
A party is in "Contempt of Court" when the party has knowledge of the express terms of a judgment of the court, but fails to abide by the terms of the judgment. "Contempt of Court" can occur in multiple scenarios. A direct contempt occurs in the view and presence of the court and disturbs the court proceedings. A constructive contempt is the failure of a party to obey a court order or judgment.
Contested
Issues that have not been resolved by agreement of the parties are said to be "Contested". The fact that the parties do not have a trial does not mean their divorce is not "Contested". A divorce is “Contested” unless the parties agree as to all terms of the divorce from the outset.
Court Order
This is a ruling from the court which defines the parties' rights and responsibilities regarding the subject of the order. It can also take the form of a verbal ruling from the bench by the judge, or a written ruling which was submitted by one of the attorneys.
Cross Examination
This is when the opposing attorney asks questions of the other party's witness at a court proceeding. Generally, the scope of "Cross Examination" is limited to the areas that were asked about by the other attorney during direct examination. The other attorney may, and generally will, object if questions regarding new areas are being asked during "Cross Examination".
Custody (Child)
This is a judgment of the court awarding primary care of the children to a parent (sole custody) or to both parents (joint custody) as a legal right and responsibility.
Specifically, these are:
- Joint Custody: This is a decision by the court that the parents will share legal custody of the children. Joint custody means that both parents can make decisions for the child, including medical treatment. It does not mean that each parent has one-half of the time with the children, and a schedule for the children to be with each parent still must be established. The primary affect of this is a psychological benefit for the parent and the child, so that a child can be told that both parents cared for the child, even though the child had to live most of the time with one of them. Oregon prohibits the judge from awarding joint custody unless the parties agree to it.
- Sole Custody: The court will award one of two types of custody. One is joint custody, defined above. Unless the judgment says it awards joint custody to the parties, then the judgment awards sole custody of the children to one of the parents, and that parent is the parent who makes major decisions for the children.
Custody Study Evaluation
Frequently on the motion of either party, and sometimes on its own motion, the court will order a "Custody Study Evaluation" to be performed by a psychologist, social worker, or psychiatrist who has been appointed by the court or mutually selected by the parties to make recommendations for appropriate custody and/or parenting time arrangements for children of a divorce or legal separation. Generally, the parties must pay for the study themselves.
Default Order and Judgment
When one party files a certain type of document with the court (such as a divorce petition), the other party has a set period of time to file a document with the court opposing the matters requested by the other party in that party’s filing (such as a response). If the party fails to file a document with the court in the time required by law, the filing party can request a default be entered in the case, which frequently awards to the filing party all the affirmative relief requested by that party in that party’s filing.
Deposition
A “Deposition” is when an attorney asks questions of the witness (usually the other party) under oath. Most "Depositions" are taken at the office of one of the two attorneys. At most "Depositions", both attorneys and both parties are present, and a court reporter is there to take down verbatim the questions and answers.
Direct Examination
This is when the attorney who asked that the witness take the stand and testify asks questions of the witness. Questions on "Direct Examination" will be allowed so long as they are relevant.
Discovery
This is the process of obtaining documents and information prior to trial from the opposing party to uncover information and to “discover” relevant facts. While "Discovery" can take many forms, the most common examples are depositions, requests for production, and subpoenas.
Dissolution of Marriage
The old term was "divorce". The State of Oregon now calls it a “Dissolution of Marriage”. Either way, it is the termination of the marriage for irreconcilable differences.
Divorce
See Dissolution of Marriage, above.
Domestic Partnership
Oregon does not recognize common law marriages, which is when two persons who were not married, but have lived together for a specified period of time, are treated as being married for purposes of asset and debt distribution, much like a dissolution of marriage. However, Oregon does recognize “Domestic Partnerships”. Unlike a common law marriage, which requires living together for a specified period of time, a “Domestic Partnership” does not require a specific period of time living together before an unmarried couple is treated akin to a married couple for purposes of asset and debt distribution. Rather, the court will look to the intent of the parties in determining whether they should be treated akin to a married couple. If they are, then they are said to have a “Domestic Partnership”, and in the event of a breakup, they are said to dissolve their “Domestic Partnership”.
Due Diligence
Generally, for an attorney to do his job, that attorney must investigate all aspects of the case, including all avenues of discovery. Taking all steps necessary to properly and fully investigate and evaluate the client’s claim is known as the attorney doing the attorney’s Due Diligence.
Ex Parte
Latin meaning "for one party," referring to motions, hearings or orders granted on the request of and for the benefit of one party only. This is an exception to the basic rule of court procedure that both parties must be present at any argument before a judge, and to the otherwise strict rule that an attorney may not notify a judge without previously notifying the opposition and giving the opposition an opportunity to be heard. “Ex Parte” matters are usually temporary orders (like a restraining order or temporary custody) pending a formal hearing or an emergency request to re-set a scheduled hearing. Oregon requires notice to the other party's lawyer of the time and place before any "Ex Parte" hearing.
Expert Witness
An individual called to testify at a trial and who is specially trained or has technical expertise in a particular field of knowledge who can offer an “expert” opinion regarding a particular subject. This witness is allowed to offer their opinion as to that particular matter.
Family Abuse Prevention Act (FAPA)
Oregon has a law known as the “Family Abuse Prevention Act.” “FAPA” is short for this Act. While the law is more-complex than this definition would imply, it basically allows a person to obtain an Order from the court prohibiting the other party from contacting the party, coming within a specified distance of the party, or going to one or more locations frequented by the party, such as school, work, or home. It generally requires that the party applying for the “FAPA” have been subject to abuse within the last 180 days, that the abuse either caused the person harm or placed the person in imminent fear of serious bodily injury, and that the applicant remains in continuing fear of harm in the future. It is only available against certain persons, including, but not limited to, spouses, persons you have co-habited with, persons you are related to by blood or marriage, as well as some others.
Fee Agreement
This is a contract between me as your attorney, and you, outlining the terms of our agreement. It generally sets forth the amount of the retainer, the hourly rate, billing expectations, and other general terms applying to the attorney-client relationship.
Financial Statement
This is a written document usually created by one or both of the parties setting forth, in full, all their assets and liabilities as of the date the document is created.
Garnishment
Oregon has a law allowing a party who has a judgment against a third person, such as the party’s ex-spouse, to collect on the judgment by filing a document with any person who holds property for, or owes money to the party against whom the judgment is held, and to pay that asset or money owed directly to the party who has the judgment. The document filed under these facts is referred to as a “Garnishment’.
General Judgment
When all matters before the court have been resolved, either by trial or agreement, the court will sign a document labeled as a “General Judgment”. Most of the time, this will resolve the matter and the case before the courts will be closed by the courts.
Guardian Ad Litem
A "Guardian Ad Litem" is a person appointed by the court to appear on the behalf of a minor or incapacitated person. In family law cases, any party may request a "Guardian Ad Litem" be appointed for a child or children. Often the "Guardian Ad Litem" is an attorney.
Hearing
A court proceeding before a judge, without a jury, usually addressing specific temporary issues, held prior to the ultimate resolution of the case. Often each party can and should present evidence, including testimony of witnesses and written exhibits, at the “Hearing”.
Injunction
This is a court order issued either to prohibit someone from doing an act, or ordering them to do something. For the most part these are issued only after a hearing.
Irreconcilable Differences
Oregon is a No-Fault divorce state. This means that Oregon has done away with the requirement that one or both of the parties were at fault before the court will grant a divorce. Now all that is required in Oregon (as well as almost all other states in the nation) before the court will grant a divorce is that there are “Irreconcilable Differences”, which means essentially that one or both parties think they do not get along well enough to stay married.
Joint Children
These are children of both parties to the legal proceeding. Included as “Joint Children” are children that one or both of the parties adopted, which means they are now children of both parties.
Judgment of Dissolution of Marriage
This is the Judgment of the court dissolving the marriage of the parties (granting the divorce). Usually it will be labeled a “General Judgment of Dissolution of Marriage” and, in the event the Judgment was by agreement, it will be labeled a “Stipulated General Judgment of Dissolution of Marriage.”
Legal Separation
This is a court-ordered right to live apart, with the rights and obligations of divorced persons, but without divorce. The parties are still married and cannot remarry. The issues the court must decide are the same as for a divorce, and include requests for child custody, child support, parenting time, spousal support, and division of property. It is rarely an appropriate remedy for the client.
Limited Judgment
When preliminary matters before the court have been resolved, either by trial or agreement, the court will sign a document labeled as a “Limited Judgment”. This will control the issues covered by the “Limited Judgment” until the end of the case, at which time the general judgment will control those issues. Classic examples of matters resolved before the case is final, and therefore which are the subject of a “Limited Judgment”, are child custody, child support, parenting time, spousal support, and use and possession of the family home.
Lis Pendens
This is Latin for "a suit pending," it is a written notice that a lawsuit has been filed concerning the title to or interest in a parcel of real property. The "Lis Pendens" (or notice of pending action) is filed with the County Recorder in the county in which the real property is located. This gives notice to third persons that there is a claim of interest in the real property by the party filing the “Lis Pendens”. Commonly used in divorces when the title to the real property is held solely in the name of the other party.
Marital Asset
All property acquired throughout the course of the marriage is treated by the court as being a “Marital Asset”, regardless of how title is held. All such property is subject to the court’s discretion and authority as to how it should be allocated between the parties.
Marital Property
In Oregon, this is a larger category of property than a marital asset. "Marital Property" includes marital assets as well as any other property the parties own at the time of dissolution, even if the property was acquired by a party before the marriage. Property acquired before the marriage is not subject to the rebuttable presumption, but any increase in value in that property may be.
Mediation
This is when the parties try to settle their legal dispute through active participation of a third party (mediator). The mediator tries to help the parties reach a compromise as to the various matters in dispute. “Mediation” is generally non-binding and a settlement is reached only if both parties agree to it, which is the primary difference between “Mediation” and arbitration, defined above. “Mediation” is done both with, and without the attorneys attending.
Memorandum
This is a written document, brief, outline or summary of the facts and legal position of the submitting party as to the matters before the court. Usually a “Memorandum” contains citations to legal authorities supporting the legal position of the submitting party.
Modification
A “Modification” is when a party seeks to change an existing Judgment of the court. Generally, this requires that there has been a change in circumstances since the most-recent judgment deciding that issue. Not all matters set forth in the prior Judgment may be modified. For example, property division is, for the most part, not modifiable. Examples of modifiable provisions of a prior Judgment are child custody, child support, parenting time, and spousal support. This takes a new and separate filing with the court.
Motion
A document filed with the court and served on the other party seeking some form of specific relief. As an example, a "Motion" to have a custody study evaluation performed.
No Fault Divorce
See Irreconcilable Differences, above.
Non-Joint Children
These are children who are children of one of the parties to the legal proceeding, but not children of the other party.
Parenting Class
In any proceeding in which minor children are involved, it is the law of the state of Oregon that a court may not grant the parties the relief either is seeking until both have attended a "Parenting Class" and forwarded their certificate of attendance to the court. Under certain circumstances the court will waive this requirement or allow a general judgment to be signed, but this requires that one party file a motion with the court setting forth the reasons this requirement should be waived.
Parenting Time
Formerly called visitation, this is the time the children will be with the non-custodial parent. Oregon law requires that “Parenting Time” be set forth in the Judgment of Dissolution when children are involved setting forth the specifics of the non-custodial parent’s “Parenting Time.” A well-drafted Judgment should specify which days the children will spend with each parent, with specific allocations as to vacations, birthdays, holidays, and other times important to each family. It is no longer acceptable in the State of Oregon for one’s “Parenting Time” to be stated as “reasonable and seasonable” parenting time.
Pendente Lite
(Pronounced: pen-den-tay lee-tay) This is a Latin term meaning awaiting the litigation (lawsuit). It is applied to temporary court orders (such as temporary child support) which are in effect until the case is tried.
Petition
This is the initial legal document filed with the court seeking to dissolve the marriage (divorce).
Petitioner
This is the party who filed the Petition for Dissolution of Marriage.
Pleading
Each and every legal document filed in any legal case, including a case for dissolution of marriage, is known as a “Pleading”.
Postnuptial Agreement
A written contract executed by a husband and wife after they have been married, addressing how issues will be resolved in case the marriage is dissolved thereafter. While it does not have to address all issues that would be addressed in a dissolution of marriage proceeding, most “Postnuptial Agreements” address all issues the parties could expect to encounter in a dissolution of marriage proceeding.
Prenuptial Agreement
A written contract executed by a man and woman before they are married, addressing how issues will be resolved in case the marriage is dissolved thereafter. While it does not have to address all issues that would be addressed in a dissolution of marriage proceeding, most “Prenuptial Agreements” address all issues the parties could expect to encounter in a dissolution of marriage proceeding.
Pro Se
This is a Latin term meaning that a party to the divorce is represents himself without a lawyer.
Pro Tem
This is a Latin term short for “pro tempore”, which means “temporary”. Some hearings in family law cases are held before “Pro Tem” judges who usually are experienced family law attorneys who volunteer their time to hear such cases in order to reduce the case load heard by full-time judges.
Pre-Trial Status Conference
This is a meeting between involving the parties, their attorneys, and the judge prior to trial to determine the status of the case and any possibility for settlement. Most counties require that the parties and their attorneys appear in person.
Process Server
A person over 18 years of age who delivers (serves) legal papers, such as the Petition for Dissolution of Marriage. The “Process Server” cannot be one of the parties or that party’s attorney.
Property Settlement
This is when the parties reach an agreement as to the division of some or all of their assets. This agreement is usually set forth in a general judgment of dissolution of marriage, or in a separate "Property Settlement" Agreement which is incorporated into a general judgment of dissolution of marriage.
Property Valuations
Monetary values established for real and/or personal property, usually established by some form of evidence, which evidence often is an appraisal.
Qualified Domestic Relations Order (QDRO)
The pensions of one or both of the parties can be, and often are divided by the court. In order to divide a pension in a fashion that will not be treated as a distribution by the IRS, which would make it subject to penalties and taxes, it is necessary to prepare a separate Judgment which is called a “Qualified Domestic Relations Order”, or QDRO for short. The QDRO is usually prepared by a specialist attorney other than the divorce attorney. The QDRO must be approved by signing by the pension plan administrator, and also signed by a judge of the divorce court.
Request for Production
Either party may request as part of a legal proceeding that the other party produce one or more documents, or types of documents. To do so, the attorney generally sends to the other party a pleading known as a “Request for Production”, which specifies the documents to be produced and by what date and time.
Respondent
The initial petition for dissolution of marriage is filed by the petitioner. The other party is known as the "Respondent".
Response
This is the pleading filed by the respondent in answer to the petition filed by the petitioner.
Restraining Order
This is a court order prohibiting certain activities by one or both parties to a legal matter. Temporary "Restraining Orders" are designed to protect marital property, protect against physical violence, and other specific activities.
Retainer
This is money deposited with the attorney at the time the attorney is hired in order to “retain” the attorney to represent the party.
Separation
See Legal Separation, above.
Separation Agreement
This is an agreement setting out the terms of the separation of a married couple. The agreement may contain all the same aspects of a divorce judgment, but the marriage is not terminated and the parties may not marry.
Service
The act of delivering the initial papers in any legal matter is known as “Service”. “Service” is completed by a process server or by the other party signing an acceptance of service, both defined above, this glossary. Once "Service" has been completed, the other party is said to have been "Served".
Settlement
When the parties resolved their case without going to trial they are said to have achieved a “Settlement”.
Settlement Agreement
A settlement is reduced to a “Settlement Agreement”, which may take multiple forms. One such form is a general judgment of dissolution of marriage, which, once signed by the parties, is submitted to the court for its approval and signature. Once the court signs this, it is binding on the parties.
Show Cause
A “Show Cause” Order is an Order which one party submits ex parte to the court for signature and, once it has been signed by a judge, it is served on the other party. A “Show Cause” Order asks for some aspect of relief, such as temporary custody, support, or parenting time in an initial proceeding or a modification of these matters in a subsequent proceeding. A “Show Cause” Order requires the party it is served on to appear in court at a specified date and time and produce evidence opposing the relief the other party is seeking.
Spousal Support
Under some facts in some dissolution of marriage cases it is appropriate for one party to pay support to and on behalf of the other party. This is known as “Spousal Support”. There are three (3) types of “Spousal Support”. These types, as well as the purpose of each, are:
- Compensatory Support is “Spousal Support” that compensates one spouse for having enabled the other spouse to pursue educational opportunities, a career, or the ability to earn income.
- Spousal Maintenance is “Spousal Support” to help one party enjoy a standard of living not overly disproportionate from that which was enjoyed during the marriage.
- Transitional Support is “Spousal Support” for an unemployed or underemployed spouse who will need funds for education or re-training to re-enter the work force.
Statutes
The laws of the state of Oregon have been reduced to “Statutes” which are numbered and set forth in the “Statutes” known as the Oregon Revised Statutes.
Status Quo Order
This is an order of the court requiring that neither party interfere with the usual and customary arrangements of the parties as they existed immediately prior to the filing of a proceeding such as a dissolution of marriage case. The parties are ordered to maintain the status quo until further order of the court. This is most commonly used to maintain the status quo for custody and parenting time matters.
Statutory Restraining Order
In Oregon in all dissolution of marriage proceedings there is a "Statutory Restraining Order" in place which applies to the petitioner upon filing, and to the respondent upon being served, which restrains each party from the following:
- Canceling, modifying, terminating or allowing to lapse for nonpayment of premiums any policy of health insurance, homeowner or renter insurance, or automobile insurance that one party maintains to provide coverage for the other party or a minor child of the parties, or any life insurance policy that names either of the parties or a minor child of the parties as a beneficiary.
- Changing beneficiaries or covered parties under any policy of health insurance, homeowner or renter insurance, or automobile insurance that one party maintains to provide coverage for the other party or a minor child of the parties, or any life insurance policy.
- Transferring, encumbering, concealing, or disposing of property in which the other party has an interest, in any manner, without written consent of the other party or an order of the court, except in the usual course of business or for necessities of life. This paragraph (3) does not apply to payment by either party of:
- Attorney fees in this action;
- Real estate and income taxes;
- Mental health therapy expenses for either party or a minor child of the parties; or
- Expenses necessary to provide for the safety and welfare of a party or a minor child of the parties.
- Making extraordinary expenditures without providing written notice and an accounting of the extraordinary expenditures to the other party. This paragraph (4) does not apply to payment by either party of expenses necessary to provide for the safety and welfare of a party or a minor child of the parties.
Stipulation
An agreement made by the parties, usually in writing and filed with the court. This can take the form of a general judgment, as in a stipulated general judgment of dissolution of marriage.
Subpoena
This is a document which must be served on a witness instructing the witness to appear at a particular place and time to provide testimony. In the case of a subpoena duces tecum, it requires the witness to produce documents along with the testimony. This may be issued by an attorney.
Summons
A notification in the form of a separate legal document which is served on the respondent advising the Respondent of the current legal relief sought, such as a dissolution of marriage proceeding, title of the suit, court in which the action is filed, and the case number assigned to it by the state courts. It also advises the respondent of the fact that the Respondent has a fixed period of time (generally, thirty days) to file a response to the petition, or the petitioner will, upon application by the Petitioner, be granted a default order and judgment.
Supervised Parenting Time
This is when the non-custodial parent’s parenting time is monitored by a third person, generally other than the custodial parent. The supervisor can be any third person agreed to by the parties, or a professional who will supervise the parenting time for a fee. This is ordered by the court only in unusual circumstances where there is concern for the best interests of the children when they are in the presence of the non-custodial parent.
Temporary Protective Order of Restraint (TPOR)
An order signed by the court in the State of Oregon which may limit one parent's removal of the children from the state and also preserve the current state of affairs for the children in regard to their daily activities.
(TPOR)
Also known as a Status Quo Order, if filed post-dissolution.
Testimony
This is statements given under oath by any witness, including the petitioner and respondent, either during a court hearing or in deposition.
Trial
When the parties cannot reach an agreement and settle their case, the court will conduct a “Trial”. During the “Trial” process, the court will generally hear statements and legal argument from the attorneys, take testimony, and review documents presented as evidence. Either immediately at the end of the “Trial”, or by letter ruling after the “Trial”, the court will rule on the issues before it.
Trust Account
This is an escrow bank account established by the client's attorney in which the retainer paid by the client is deposited. The attorney may then use these funds from the "Trust Account" for payment of attorney’s fees and costs for representing the client. In some cases where there are disputed monies or other settlement funds, these may also be placed in the “Trust Account”.
Uniform Support Affidavit (USA)
This is a document under oath that each party must file in every case in which child support and/or spousal support is before the court for a decision. The “USA” will set forth the income and expenses of the party completing the “USA”. In Oregon, if child or spousal support is requested, it must be filed.
Vacated
When a court issues an Order rescinding or revoking an earlier Order of the court, the prior Order is said to have been “Vacated”.
Visitation
See Parenting Time, above.
Wage Withholding Order
An Order generally issued by the court requiring that support be withheld automatically from the wages of the other party and paid directly by the employer to the party to whom the payment is due. Payment to the party to whom it is due can be directly to that party, to a bank account designated by that party, or to and through the State of Oregon. The party to whom this payment is due chooses whether to receive payment by wage withholding order and where the payment is to be sent.
Waiting Period
Even though the petitioner may apply for a default order and judgment if the respondent has not filed a response within thirty days of being served, there is a “Waiting Period” that keeps the court from granting a general judgment of dissolution of marriage, unless the parties reach a stipulation or the Petitioner applies for and is granted a waiver of the “Waiting Period” due to the existence of emergency circumstances.
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