A
Advocate
Someone who speaks on behalf of another,
frequently a lawyer or paralegal.
Administrative Law Judge (ALJ)
The person who
decides appeals from the decisions of government
agencies such as the Department of Social and Health
Services.
Affidavit
A statement made under oath and notarized
by a Notary Public. Affidavits are no longer required in
Washington. Instead the courts use Declarations (see
definition below).
Affidavit of Paternity
An affidavit signed by an
unmarried mother and father (and the mother's husband if
she is married to someone else) stating who the child's
father is.
Amendment
An addition or modification that changes
something such as a law, rule or contract.
Appeal
A request to change a decision.
Appearance
Informing the court of your whereabouts,
either in person at a Court hearing or in writing by
filling out a Notice of Appearance form.
Arbitration
A process where the people in a dispute
agree to allow a third person not a judge to decide
their disagreement.
Arrears
Money owed but not paid.
Attorney of Record
An attorney who has filed either
a Notice of Appearance or any court papers in the case.
B
Bailiff
The person in charge of courtroom procedure and security.
Beneficiary
A person who receives benefits or advantage (for
example, money from an insurance policy).
Breach
A failure to carry out an agreement or legal obligation.
C
Calendar
The court's schedule of cases to be heard, also called a
Docket.
Caption
The heading of each legal document that contains the name
of the court, the names of the parties, the case number,
and the name of the document itself.
Cease and Desist
Stop
Certified Copy
A copy of the document from the court file made by
the court clerk that has an official stamp on it. There
is usually a charge for a certified copy.
Chambers
The private office of a Judge or Commissioner, where
s/he hears motions and signs orders when not holding
court.
Clerk of the Court
An officer in the County Clerk's Office who
handles clerical matters like keeping records, filing
documents and providing certified copies.
Commissioner (Court Commissioner)
This person is similar to a
judge but only makes decisions relating to a particular
subject matter. Many counties have family law
commissioners who decide cases only in family law, such
as dissolutions.
Community Property
The property you and your spouse acquired
during your marriage. (See Separate Property). This
includes wages, pensions and other benefits from
employment during your marriage.
Compensation
Something you are owed.
Complaint
The initial request or plea to a court in a civil
matter.
Conformed Copy
A copy of any court document that has been filed
and is stamped with the date filed. If the document is
an order, it must have the name of the judge/court
commissioner, who signed it written or stamped on the
order.
Consideration
Something of value.
Contempt of Court
Failure to obey a judge's order.
Contested
A case that is being disputed or litigated.
Continuance
Postponing your court hearing to a later date.
Counterclaim
A claim filed by a defendant against the plaintiff
in a civil action.
Court Facilitator
A court employee who can provide forms and help
you fill them out but not give legal advice.
Creditor
Someone owed money.
D
Debtor
Someone who owes money.
Declaration (DCS)
A written statement made to the court that the
signer swears is true.
Decree
The final court order in your dissolution. It includes the
property division and the arrangements made for the care
and support of your children.
Default
Failure to respond to a lawsuit.
Default Order (Order of Default)
An Order that is
entered after a party fails to respond to court papers
within the designated time.
Defendant
A person being sued in a civil matter.
Deferment
A postponement of a responsibility to a later date.
Department of Social Services (DSHS)
The government agency runs
welfare programs.
Dissolution of Marriage
Divorce
Division of Child Support (DCS)
A state agency that helps one
parent (or guardian) collect child support from the
other parent.
E
Emancipation
The point in time when parental duties of care for a
child stop.
Equitable Estoppel
A defense in law that forbids someone (such as
DSHS) from collecting money from you because it is not
your fault that you owe the money.
Escrow Account
An account where money owed is kept until it is
supposed to be paid. Estate The property of a deceased
person.
Estoppel
A legal bar to allowing something from happening.
Evidence
Information used to prove a point in a court action,
including what people say under oath (promising to tell
the truth) and documents such as receipts, bank
statements, letters, notices or others.
Exempt Property
Property that can not be taken to pay off a debt.
Ex Parte
Asking the Court for an Order without notifying the
other party.
F
Filing
Giving court papers to the court clerk to place in the
case file.
Forbearance
An agreement not to collect money owed.
Foreclosure
A proceeding by a creditor to take back land.
Forfeiture
The loss of property. Also the procedure by which the
seller on a real estate contract takes back the property
due to non-payment.
G
Garnishment
An order requiring either a part of ones wages or
money in a bank account be given to a creditor.
State Disability Insurance (SDI)
A state program for people who
can not work because of a disability.
Grantee
Someone who gets something.
Grantor
Someone who gives something.
Guardian
A person appointed by a judge to look after the
interests and to manage the affairs of a minor or a
person who is unable to manage them him/her self.
Guardian Ad Litem
A person appointed by a judge to look after the
interests of a minor or an incapacitated person in a
court proceeding such as a dissolution or a
guardianship.
H
Hearing
Going before a judge or court commissioner to request a
court order.
Home State
The state where the parties were living six months
before the action is filed. The home state court is
generally the court with jurisdiction to make final
determinations in a dissolution case.
I
Incapacitated
A person found by a judge to have a mental or
physical condition which makes him/her unable to manage
his/her own affairs.
Incompetent
A person who, because of a mental or physical
disability, is unable to look after his or her own
affairs. Indigent Poor.
In Forma Pauperis
A Latin term which means you may file your
papers in court without paying the filing fee if you
cannot afford the fee.
Intestate
Dying without a will.
Irretrievably Broken
The basis for getting a divorce. It means
that you cannot successfully continue your marriage.
J
Joinder
Both spouses ask the court together to dissolve their
marriage, divide the property and make arrangements for
the children.
Judgment
The decision of a judge.
Jurisdiction
The authority of a court to hear and decide cases.
Jurisdiction is determined by the geographic location of
the court and the subject matter of the case.
L
Lien
A claim or charge against property or another asset for the
payment of a debt.
M
Maintenance
A fixed amount of money paid from one spouse to
another for support of that spouse. This amount is
separate from the amount of money paid for support of
the children.
Medi-Cal
A publicly funded health insurance program for
low-income California residents. To qualify for Medi-Cal,
an individual must (1) demonstrate membership in a group
eligible for Medi-Cal coverage and (2) meet Medi-Cal's
restrictive income and property standards.
Mediation
An attempt to resolve a dispute by having a third
disinterested person assist the parties in reaching an
agreement.
Modification A change.
Motion
A request to a court to issue an order.
N
Notary Public
A person who authenticates a signature by
determining that the person signing is truly the person
of that name.
Note for Motion
A written request to the clerk to schedule your
case for a hearing.
Notice of Appearance
A paper filed with the court showing that a
party knows of the case and where to send papers filed
in the future.
O
Opposing Party
The person or organization you are in conflict
with.
Order
A court document signed by a judge or commissioner that
gives an order and requires that someone do or not do
something.
Order to Show Cause
A court order requiring a person to appear in
person at a time set by the court for a hearing.
Overpayment
Money paid to you that you are not entitled to.
P
Paternity
Parenthood.
Perjury
Telling a lie under oath.
Petition
A legal pleading making a formal request.
Plaintiff
The person who is suing in a civil case.
Pleading
Formal legal documents of the parties giving their
respective claims and responses.
Pro Bono
For free.
Pro Se
Acting without the aid of an attorney; representing
yourself.
Process
Written notification to appear in court (see Summons)
Prosecutor
The lawyer that represents the government.
Protection Order
A special court order to protect a spouse from
domestic violence.
R
Real Property
Land and any houses or other buildings on it.
Reconsideration
A request that a judge review his or her previous
ruling in a case.
Repossession
A right, under contract, to take back property when
the debt to pay for the property has not been paid.
Visitation and custody.
The residential schedule of the Parenting
Plan states the time that each parent will spend with
the children.
Respondent
The party who is responsible to answer a legal action;
the defendant in an action.
Response
A formal written answer to a petition filed with the
court by the respondent.
Restitution
Money one must pay to compensate another for damages.
Restraining Order
A court order to prevent a spouse from doing
some act that may harm the other spouse.
Ruling
A decision by the court.
S
Separate Property
Property owned before marriage, obtained during
a marriage as a result of a gift or inheritance made
specifically to one spouse but not the other, or
obtained after separation of the spouses.
Service
Giving court papers to the other party by hand
delivering, sending them by certified mail or notifying
the other party of the dissolution case through
publication of a notice in a newspaper.
Statute
A law.
Summons
Notice that a lawsuit has been filed and an explanation
of how to respond.
Supplemental Security Income (SSI)
A federal program for poor
people who cannot work because of a disability.
T
Temporary Assistance for Needy Families (TANF)
The state welfare
program.
Temporary Order
An order entered after a case is filed which is
in effect until a final order is entered.
Testator
A person who leaves property through a will.
U
UCCJA Declaration
A declaration required by the Uniform Child
Custody Jurisdiction Act which you must include in the
petition. This informs the court where the children of
the marriage have lived and with whom.
Unlawful Detainer
The court action used by a landlord to evict a
tenant.
V
Venue
The county where the case should be filed, usually the
county where you live.
W
Warranty of Liability
The requirement that a rental unit be clean
and safe.
Writ of Restitution
The order of a court to a sheriff to remove a
tenant from a rental unit.