Useful Legal Terms
For Educational And Informational Purposes Only
Please, be advised that this summary of useful legal terms, as well as the information contained on this Website, the articles, and the resources available for download through this website are for educational and informational purposes only, and are not intended as, and shall not be understood or construed as, legal advice. While the information and services provided on this Website relate to legal issues, the information contained or services on this Website are not a substitute for legal advice from a licensed attorney who is aware of the facts and circumstances of your individual situation.
C
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It is said of the last section every document to be filed should have before your signature. It should include the name(s) of the parties involved that have direct participation in your case, the date of filing, and the means through which the documents are going to be received (usually email address through the e-filing portal or the other party’s physical addresses).
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It refers to the amount of money each party is entitled to receive to cover the minor children’s expenses. Calculations are made considering a series of factors, such as the tax exemption, the payment of the minor children’s health insurance, and the most important of all: the amount of overnights on a yearly basis. Child Support should be included in the parenting plan and cannot be waived in court.
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It is said of the official document that breaks down the percentages of each determining factor mentioned above, in contrast to the net income each parent receives monthly. The parties can deviate from said child support guidelines if they are in agreement to do so and the judge believes is fair.
D
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To let the Court know the respondent has failed to file an answer to the petition within 20 calendar days of service, the petitioner is entitled to request the court a default through a motion for default. This means the respondent is giving in to all the allegations made on the petition. Once the default is signed, a final hearing can be scheduled.
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It refers to the parties’ exchange of documents that will allow them to build their case and prove their arguments. Discovery may be all types of documents the parties believe are relevant to the case, including but not limited to the exchange of updated financial documentation, evidence in the form of pictures, videos, conversation scripts, letters, etc.
E
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It it is said of those hearings that require testimony from the parties and the introduction of evidence to support your arguments. It could be a special set or trial.
F
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A financial affidavit is a requirement of almost all family law cases. Simply put, it is like a screenshot of your financials at a specific moment in time. It basically summarizes all your financial information by listing monthly income, expenses, assets, and debts in detail. If your yearly income is more than $50,000, you should file a Long Form Financial Affidavit. Whereas you should file a Short Form Financial Affidavit if your yearly income is less than $50,000. Either way, it should be updated every time there is a change in circumstances, such as a new job, or becoming unemployed.
G
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Sometimes, the judge might refer certain motions, petitions, or even the entire case to the General Magistrate. General Magistrates function as judges, but have a more limited authority over the case. They can try the case and then submit a report and recommendations of their findings for the judge to sign. The judge’s signature ratifies the reports making them official court orders to follow. General Magistrates can be objected to within 10 days of receipt of the referral if you feel you would like the case to be tried before the judge.
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A court-appointed individual, usually an attorney in good standing with The Florida Bar, who will advocate on behalf of the minor children. The Guardian Ad Litem will conduct an investigation and will interview with the parties and the children’s teachers, and therapist (if applicable) in order to submit a report and recommendations for the judge’s review, providing insight as to the minor children’s best interests.
M
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Pursuant to Florida Family Law Rules of Procedures 12.285, in every family matter (excluding simplified divorces), the parties are required to exchange financial documentation due within 45 days of the initial service, via a document called Certificate of Compliance with Mandatory Disclosure. This form includes a list of documents, such as bank statements, tax return forms (personal and corporate, if applicable), credit card statements, proof of income (pay stubs), property deeds, copies of loans, etc., to be provided in accordance with specific time frames. Mandatory disclosure also requires the filing of a Financial Affidavit. Please, keep in mind that copies of the financials are to be sent directly to the other party for review. They are not to be filed with the Clerk of Courts, only the above-mentioned certificate and the Financial Affidavit.
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The document that settles all issues within a case, including, but not limited to equitable distribution, alimony, assets, and debts. If the parties have minor children in common, it should also include a parenting plan, a timesharing schedule, and child support guidelines. The final judgment incorporates and ratifies the agreement, making it official.
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A form of collaborative approach to conflict resolution to avoid court hearings during a family procedure. During a mediation, the parties bring all the family issues (child support, alimony, etc.) they have been unable to resolve on their own before an impartial third party that will help them work out those issues to ultimately reach an agreement. Usually, the judge will require the parties to attend mediation prior to scheduling a final hearing.
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A legal document posing a formal request for the judge to make a ruling concerning specific issue(s) of the case. A motion will contain the case history that led to the specific circumstances to trigger the request made, as well as the facts that support said request. Examples of motions include, but are not limited to motion for default, motion for timesharing schedule, motion for contempt, etc.
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A five-minute hearing where only non-evidentiary motions are heard. These motions do not require testimony from the parties, but only legal argument. Therefore, the presence of the parties is not required, unless the parties are representing themselves. Every judge has specific requirements to set motions on their motion calendar slot.
N
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It is said of those hearings that do not require testimony from the parties, such as motion calendar, where only legal argument is needed.
P
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It refers to those cases where the parties have never been married, but have children in common. Usually, the main issues they involve are timesharing and child support. Paternity should be established in court either by rule of law (when the name of the father appears on the birth certificate), or by scientific testing (DNA test).
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In family court, refers to the party to the case who files or on whose behalf the case is initially filed. It is the petitioner’s responsibility to send the filed papers for service on the respondent.
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It means “in one's own behalf” in Latin. It is said of those parties who do not enjoy legal representation from an attorney, and who choose to represent themselves before the judge during the litigation process.
R
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In family court, refers to the party upon which the filed papers are served. In the state of Florida, the respondent to the case has 20 calendar days to provide responsive pleadings (an answer) to the petition served. Depending on the respondent’s reacts to the petition determines whether the case will be defaulted, contested, or uncontested.
S
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All cases that are filed with the Clerk of Courts need to be served upon the other party(ies) to the case. You are required by law to provide copies of every document you file. When you first open the case, the pleadings (documents) are sent for official service via what is called a process server. This term refers to the person who will hand-deliver said documents to the respondent at the location specified on the summons. Once the respondent is served, the process server should file a return of service attesting the respondent has successfully been served.
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It refers to every hearing that takes more than 5 minutes to try. It could be either evidentiary (requires testimony from the parties) or non-evidentiary (does not require testimony from the parties). Usually, exhibits are filed and introduced as evidence to support the arguments made on the corresponding motion being heard. Every judge has specific requirements to schedule special sets.
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Once the case has been assigned a case number and to a judge’s division, the summons is submitted for the clerk of court’s signature and stamp. This is the document that allows the petition and the initial pleadings to be served upon the respondent.
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