Understanding Family Law

UNDERSTANDING FAMILY LAW

The Shaw Law Firm understands that Family Law can be a complex topic area, filled with many questions and emotional involvement. To help aid in your understanding of divorce, child custody, child support, alimony and other family law matters, Scott Shaw, the founder of the Shaw Law Firm has written the following:

Family Law Articles

Glossary of Terms

Please feel free to return to this web site and browse new articles as they are posted.

FAMILY LAW ARTICLES - Written by Scott Shaw:

Valuing a Spouses Business in Divorce

	New Child Support Guidelines - Parenting Time Adjustments
	Placing Your Spouse's Name on Property You Owned Prior to Marriage
	Are Unvested Stock Options Marital Property?
	Child Custody and Moving Out of State
	The Temporary Hearing: Often The Most Critical Stage of Your Case
	Differences in Representing Fathers Seeking Custody of Their Child
	Interstate & International Family Law Issues
	The Pitfalls of Informally Modifying Court-Ordered Support Payments
	Parental Alienation and Divorce
	Seminar Information: Complex Issues in Divorce for the Georgia Practitioner - Scott Shaw was a presenter
	Attorney Seminar Information: Child Custody and Visitation in Georgia - Scott Shaw was a presenter

GLOSSARY OF FAMILY LAW TERMS:

Acknowledgement of Service - A document signed by the person being served (respondent) that says that s/he has indeed received a copy of the document that was served.

Affidavit - A written letter or statement that is signed and notarized.

Alimony - Otherwise known as spousal support. Is an award of a specific amount of funds for a specific amount of time that one party to the case is required to pay the other party. In Georgia, if the cause of the marital break-up can be proven (such as infidelity, etc.), it may be used in determining the alimony award.

Answer - A formal response to a complaint served on him/her. Note: For divorce cases, you normally need to respond within 30 days of receipt of the Complaint for Divorce.

Contempt - A deliberate act of disobeying a court order. Normally a "Motion for Contempt" needs to be filed with the court in order to compel the offending party to obey the original order.

Defendant - The person against whom the complaint has been filed - i.e. the "receiving" party. (See also Plaintiff)

Final Judgment and Decree of Divorce - an Order the judge signs granting a divorce - i.e. the final step in the divorce process.

Guardian ad Litem - A person (usually an attorney) appointed by the court to represent a child's best interest and ensure a child's rights are protected during the divorce process.

Hearing - A meeting in court where both parties explain their case and why the judge should or should not do something that has previously been requested (usually through some type of Motion or Complaint).

Income Deduction Order - A court order directing that child support payments be withheld from wages of the parent being ordered to pay child support.

Jurisdiction - Indicates a court's authority over someone (personal jurisdiction) and/or to hear certain types of cases and make a decision. For example: Often in child custody matters, the court of the state and county where the child has resided within the last 6 months will have jurisdiction to hear and make the decision regarding child custody.

Legal Custody - Gives one party the right to have access to a child's medical, school and other records, and to be involved in the major decisions affecting that child. (See also Physical Custody)

Legitimation - A legal action brought by a man who wishes to establish himself as the biological father of a child and therefore be granted legal rights (visitation, etc.) as well as legal obligations (child support, etc.) to this child.

Marital Property - Assets acquired during the marriage with the exception of inheritances and gifts.

Modification - Petition requesting the court to change an order that was previously entered.

Motion - A request made by either party for the court to take some kind of action in a pending case. Note: Motion's can only be filed for active cases that have both a case number and judge assigned.

No-Fault Divorce - Georgia is a No-Fault state, meaning that in the Complaint for Divorce, you do not have to list a cause for the divorce in order to request a divorce. You simply state that the marriage is "irretrievable broken." Note: Fault can be used as a method for determining alimony.

Order - A document stating a judge's decision and requiring certain actions. Must be signed by the judge and filed with the clerk.

Physical Custody - Refers to a person who has actual and physical control over a child or children who (usually) live in the home of the person who has physical custody.

Plaintiff - The person who files the initial complaint that starts the case.

Pro Se - A Latin term meaning "one who represents himself." You are considered pro se if you handle your court case without being represented by an attorney.

Rule NISI - An order that informs both parties in a case that a hearing will be held to determine or make a ruling on a specific issue(s) in the case.

Separation - When a married couple no longer share the same living quarters or bedroom.

Service of Process - Refers to the actual delivery of legal papers. (Most often performed by a Sheriff or specially appointed Service Processor.)

Summons - A cover sheet placed on the Complaint for Divorce (or other petition) notifying the person receiving the document that s/he must file an Answer within 30 days of receiving the document.

	Acknowledgement of Service - A document signed by the person being served (respondent) that says that s/he has indeed received a copy of the document that was served.
	Affidavit - A written letter or statement that is signed and notarized.
	Alimony - Otherwise known as spousal support. Is an award of a specific amount of funds for a specific amount of time that one party to the case is required to pay the other party. In Georgia, if the cause of the marital break-up can be proven (such as infidelity, etc.), it may be used in determining the alimony award.
	Answer - A formal response to a complaint served on him/her. Note: For divorce cases, you normally need to respond within 30 days of receipt of the Complaint for Divorce.
	Contempt - A deliberate act of disobeying a court order. Normally a "Motion for Contempt" needs to be filed with the court in order to compel the offending party to obey the original order.
	Defendant - The person against whom the complaint has been filed - i.e. the "receiving" party. (See also Plaintiff)
	Final Judgment and Decree of Divorce - an Order the judge signs granting a divorce - i.e. the final step in the divorce process.
	Guardian ad Litem - A person (usually an attorney) appointed by the court to represent a child's best interest and ensure a child's rights are protected during the divorce process.
	Hearing - A meeting in court where both parties explain their case and why the judge should or should not do something that has previously been requested (usually through some type of Motion or Complaint).
	Income Deduction Order - A court order directing that child support payments be withheld from wages of the parent being ordered to pay child support.
	Jurisdiction - Indicates a court's authority over someone (personal jurisdiction) and/or to hear certain types of cases and make a decision. For example: Often in child custody matters, the court of the state and county where the child has resided within the last 6 months will have jurisdiction to hear and make the decision regarding child custody.
	Legal Custody - Gives one party the right to have access to a child's medical, school and other records, and to be involved in the major decisions affecting that child. (See also Physical Custody)
	Legitimation - A legal action brought by a man who wishes to establish himself as the biological father of a child and therefore be granted legal rights (visitation, etc.) as well as legal obligations (child support, etc.) to this child.
	Marital Property - Assets acquired during the marriage with the exception of inheritances and gifts.
	Modification - Petition requesting the court to change an order that was previously entered.
	Motion - A request made by either party for the court to take some kind of action in a pending case. Note: Motion's can only be filed for active cases that have both a case number and judge assigned.
	No-Fault Divorce - Georgia is a No-Fault state, meaning that in the Complaint for Divorce, you do not have to list a cause for the divorce in order to request a divorce. You simply state that the marriage is "irretrievable broken." Note: Fault can be used as a method for determining alimony.
	Order - A document stating a judge's decision and requiring certain actions. Must be signed by the judge and filed with the clerk.
	Physical Custody - Refers to a person who has actual and physical control over a child or children who (usually) live in the home of the person who has physical custody.
	Plaintiff - The person who files the initial complaint that starts the case.
	Pro Se - A Latin term meaning "one who represents himself." You are considered pro se if you handle your court case without being represented by an attorney.
	Rule NISI - An order that informs both parties in a case that a hearing will be held to determine or make a ruling on a specific issue(s) in the case.
	Separation - When a married couple no longer share the same living quarters or bedroom.
	Service of Process - Refers to the actual delivery of legal papers. (Most often performed by a Sheriff or specially appointed Service Processor.)
	Summons - A cover sheet placed on the Complaint for Divorce (or other petition) notifying the person receiving the document that s/he must file an Answer within 30 days of receiving the document.