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Affidavit: A written statement in which the facts stated are sworn or
affirmed to be true.
Answer: A written response by a respondent that states whether he or
she admits or denies the
allegations in the petition. Any allegations not
specifically denied are considered to be admitted.
Asset: Everything owned by you or your spouse, including property, cars, furniture, bank accounts, jewelry, life insurance policies, businesses, or retirement plans. An asset may be marital or nonmarital, but that distinction is for the court to determine if you and your spouse do not agree.
Certificate of Service: A document that must be filed whenever a form you are using does not contain a statement for you to fill in showing to whom you are sending copies of the form. Florida Supreme Court Approved Family Law Form 12.914 is the certificate of service form and contains additional instructions.
Certified Copy: A copy of an order or final judgment, certified by the clerk of the circuit court to be an authentic copy.
Child Support: Money paid from one parent to the other for the benefit of their dependent or minor child(ren).
Constructive Service: Notification to the other party by newspaper publication or posting of notice at designated places when the other party cannot be located for personal service. You may also be able to use constructive service when the other party lives in another state. Constructive service is also called service by publication. However, when constructive service is used, the relief the Court may grant is limited. For more information on service, see the instructions for Florida Family Law Rules of Procedure Forms 12.91(a) and 12.913(b) and Florida Supreme Court Approved Family Law Form 12.913(a).
Contested Issues: Any or all issues upon which the parties are unable to agree and which must be resolved by the judge at a hearing or trial.
Counter-petition: A written request to the court for legal action, which is filed by a respondent after being served with a petition.
Default: A failure of a party to respond to the pleading of another party. This failure to respond may allow the court to decide the case without input from the party who did not appear or respond.
Dependent Child(ren): Child(ren) who depend on their parent(s) for support either because they are under the age of 18, they have a mental or physical disability that prevents them from supporting themselves, or they are in high school while between the ages of 18 and 19 and are performing in good faith with reasonable expectation of graduation before the age of 19.
Deputy Clerk: An employee of the office of the clerk of circuit court, which is usually located in the county courthouse or a branch of the county courthouse.
Dissolution of Marriage: Divorce; a court action to end a marriage.
Ex Parte: Communication with the judge by only one party. In order for a judge to speak with either party, the other party must have been properly notified and have an opportunity to be heard. If you have something you wish to tell the judge, you should ask for a hearing or file information in the clerk of court's office, with certification that a copy was sent to the other party.
Filing Fee: An amount of money, set by law, that the petitioner must pay when filing a case. If you cannot afford to pay the fee, you must file an Affidavit of Indigency, Florida Supreme Court Approved Family Law Form 12.902(a), to ask the clerk to file your case without payment of the fee.
Final Hearing: Trial in your case.
Financial Affidavit: A sworn statement that contains information regarding your income, expenses, assets, and liabilities.
Final Judgment: A written document signed by a judge and recorded in the clerk of the circuit court's office that contains the judge's decision in your case.
Hearing: A legal proceeding before a judge or designated officer (general master or hearing officer) on a motion.
Judge: An elected official who is responsible for deciding matters on which you and the other parties in your case are unable to agree. A judge is a neutral person who is responsible for ensuring that your case is resolved in a manner which is fair, equitable, and legal. A judge is prohibited by law from giving you or the other party any legal advice, recommendations, or other assistance, and may not talk to either party unless both parties are present, represented, or at a properly scheduled hearing.
Liabilities: Everything owed by you or your spouse, including mortgages, credit cards, or car loans. A liability may be marital or nonmarital, but that distinction is for the court to determine if you and your spouse do not agree.
Lump Sum Alimony: Money ordered to be paid by one spouse to another in a limited number of payments, often a single payment.
Mandatory Disclosure: Items that must be disclosed by both parties except those exempted from disclosure by Florida Family Law Rule 12.285.
Marital Asset: Generally, anything that you and/or your spouse acquired or received (by gift or purchase) during the marriage. For example, something you owned before your marriage may be nonmarital. An asset may only be determined to be marital by agreement of the parties or determination of the judge.
Marital Liability: Generally, any debt that you and/or your spouse incurred during the marriage. A debt may only be determined to be nonmarital by agreement of the parties or determination of the judge.
Mediator: A person who is trained and certified to assist parties in reaching an agreement before going to court. Mediators do not take either party's side and are not allowed to give legal advice. They are only responsible for helping the parties reach an agreement and putting that agreement into writing. In some areas, mediation of certain family law cases may be required before going to court.
Modification: A change made by the court in an order or final judgment.
Motion: A request made to the court, other than a petition.
Nonmarital Asset: Generally, anything owned separately by you or your spouse. An asset may only be determined to be nonmarital by either agreement of the parties or determination of the judge.
Nonmarital Liability: Generally, any debt that you or your spouse incurred before your marriage or since your separation. A debt may only be determined to be nonmarital by either agreement of the parties or determination of the judge.
Obligee: A person to whom money, such as child support or alimony, is owed.
Obligor: A person who is ordered by the court to pay money, such as child support or alimony.
Order: A written decision signed by a judge and filed in the clerk of the circuit court's office, that contains the judge's decision on part of your case, usually on a motion.
Parenting Course: A class that teaches parents how to help their child(ren) cope with divorce and other family issues.
Party: A person involved in a court case, either as a petitioner or respondent.
Paternity Action: A lawsuit used to determine whether a designated individual is the father of a specific child or children.
Payor: An employer or other person who provides income to an obligor.
Permanent Alimony: Spousal support ordered to be paid at a specified, periodic rate until modified by a court order, the death of either party, or the remarriage of the Obligee, whichever occurs first.
Petition: A written request to the court for legal action, which begins a court case.
Petitioner: The person who files a petition that begins the court case.
Pleading: A formal written statement of exactly what a party wants the court to do in a lawsuit or court action.
Primary Residence: The home in which the child(ren) spends most of his/her (their) time.
Pro Se Litigant: A person who appears in court without the assistance of a lawyer.
Reasonable Visitation: Visitation between the nonresidential parent and child(ren) that provides frequent and unhampered contact with the child(ren). Such visitation is designed to encourage a close and continuing relationship with due regard for educational commitments of child(ren), any health or social factors of the child(ren), business and personal commitments of both parents, and home arrangements of both parents.
Rehabilitative Alimony: Spousal support ordered to be paid for a limited period of time to allow one of the parties an opportunity to complete a plan of education or training, according to a rehabilitative plan accepted by the court, so that he or she may better support himself or herself.
Respondent: The person who is served with a petition requesting some legal action against him or her.
Rotating Custody: Physical custody of child(ren) after divorce, which is alternated between the mother and father at specified periods of time, as determined by the court. Rotating custody allows each parent equal time with the child(ren).
Secondary Residential Responsibility (Visitation): The time that the parent with whom the child(ren) does (do) not have primary residence spends with the child(ren).
Service: The delivery of legal documents to a party. This must be accomplished as directed by Florida Family Law Rules 12.070 and 12.080.
Shared Parental Responsibility: An arrangement under which both parents have full parental rights and responsibilities for their child(ren), and the parents make major decisions affecting the welfare of the child(ren) jointly. Shared Parental Responsibility is presumptive in Florida.
Sole Parental Responsibility: A parenting arrangement under which the responsibility for the minor child(ren) is given to one parent by the court, with or without rights of visitation to the other parent.
Specified Visitation: A parenting arrangement under which a specific schedule is established for the visitation and exchange of the child(ren).
Spouse: A husband or wife.
State of Florida Disbursement Unit (FLSDU):The agency responsible for collecting and disbursing court-ordered alimony and child support payments when they are ordered to be paid through the State of Florida Depository.
Supervised Visitation: A parenting arrangement under which visitation between a parent and his or her child(ren) is supervised by either a friend, family member, or a supervised visitation center.
Supplemental Petition: A petition that may be filed by either party after the judge has made a decision in a case and a final judgment or order has been entered. For example, a supplemental petition may be used to request that the court modify the previously entered final judgment or order.
Trial: The final hearing in a contested case.
Uncontested: Any and all issues on which the parties are able to agree and which are part of a marital settlement agreement.
**If you have any questions, please contact an attorney.