Lawyers have a reputation for using complicated words to intimidate other people. And sometimes they do. More often they need to use the precise word that the court expect to understand what we're doing.

We want you to understand everything we say and write - and specially everything you  sign. We try always to use understandable language. Hi special to each field of law that attorneys use so frequently understands.

We use these words, expressions, and acronyms all day long. You'll yourself using many of them yourself after we've worked together for a one as we go along, but sometimes we forget. And sometimes we forget. And sometimes our clients are some overwhelmed by circumstances that they need to hear things twice or three times to grasp the meaning.

If this happens in conversation, STOP US and ask. We're not going to think you're stupid; we're going to apologize for not realizing you didn't undestand.

If it happens as you read this handbook or papers you receive in the mail, you can save time and phone calls by looking it up in this Glossary. If for further explanation.

We'll divide this Glossary into two parts, words and phrases, and acronyms. Many of them are common terms when outside the Courts system; however, in law, they means something very different and very specific -"discovery," for example. Some are in Latin, the laguage once used by all lawyers. If you've studied Latin, their legal pronunciations may offend you and their current meaning may not match what you learned in high school, but this is the way they're pronunced and used in American courts.

Word and Phrases

Absolute divorce - This is the type of divorce that most people think of. It means you are separated from your spouse in all respects and can remarry. To get an absolute divorce you will need to meet certain requirements and resolve all other issues like property and custody.

Access - This is the new term for visitation. Both custodial and non-custodial parents have access. It recognizes that each parent has obligations toward the child and is not just a visitor.

Alimony - Alimony is a money payable by one spouse to another. This is neither guaranteed nor easy to get. Alimony comes in three forms: pendente life, rehabilitative, and indefinite. Pendente lite alimony is only for the period between the pendente life hearing and the final divorce hearing. Rehabilitative alimony is to help the dependant spouse meet necessary expenses while that spouse gets training or education needed to become self-sufficient. Indefinite alimony is awarded infrequently and under very narrow circumstances.

Annulment - Annulments undo a marriage and order that the marriage never actually existed. These are rare and only ordered in very narrow circumstances.

Arbitration - A form of Alternative Dispute Resolution (ADR) where a neutral third party acts as decision maker. Arbitration may be binding or non-binding. It is not often used in family law cases.

Attorney - Your representative. Attorneys can function as many things through the course of your case. They can be your shoulder to cry on, your back bone, your voice of reason, but most importantly your voice to speak to the court and to opposing counsel.

Best interest of child - This is the standard by which all custody decisions and many financial decisions are made. This means that the court does not necessarily care about what is fair for you, but cares about what is fair for your child.

Case - Your case includes all preparation, negotiation, and litigation that we work on for you.

Collaborative Practice -  A form of Alternative Dispute Resolution (ADR) that resolves the case completely outside the court system. The parties agree at the beginning that they will resolve the case by agreement and work with their collaboratively trained attorneys to come to a resolution that benefits the parties and their children.

Contempt - Contempt is the voluntary and willing violation of a Court Order. For example, having the money, but refusing to pay child support.

Custody - Custody comes in two parts: legal and physical. Legal custody is the right to make major decisions regarding health, education, and religion of the children. The parent with physical custody has the child with them at their homes.

Defendant - The person sued. Generally there is no benefit to being the first to sue or being the person sued. Both sides get to present their case and ask the court for some relief.

Discovery - Discovery is the legal method of finding out facts and information. Each party can ask up to thirty written questions, ask for documents, or take depositions. The other party has to answer the questions and comply with the requests - or give the Court a really good reason why they cannot.

Enforcement - If the Court passes an order it must be followed, even if the order is the result of an agreement between the parties. If one party decides not to follow the agreement, the other party may file a request with the court to enforce the order.

Expert - Experts are used to testify about specialized areas. For example, if you need your house valued, you need an expert appraiser; if you want to present evidence about drug usage, you need a toxicologist.

Extraordinary medical expenses. These are defined by Statute as expenses incurred on behalf of a child that "include uninsured, reasonable, and necessary costs for orthodontia, dental treatment, asthma treatment, physical therapy, treatment for any chronic health problem, and professional counseling or psychiatric therapy for diagnosed mental disorders."

Fault - This is a type of ground for divorce and it means what you think it means - the break-up of the marriage is someone's fault. Fault-based grounds include abandonment and adultery. Sometimes the fault is taken into consideration for monetary issues in a divorce. Fault is rarely considered in custody or child support issues.

Filing - This is a document given to the court to be docketed and listed in the court file.

Financial statement -  Financial statements are used to determine the correct amount of child support and alimony. There are two types of financial statements. The "short form" is exactly what is sounds like - short. It includes only income, day care expenses, extraordinary medical expenses, and other allowed expenses for the children. The "long form" includes all expenses for you and for the children. This is an in-depth form that will take a couple of hours to complete; it is crucial to your case and needs attention and accuracy.

Hearing - A hearing is just like a trial you see on television. There are witnesses, direct examination, cross examination, and evidence.

Interrogatory - In a nutshell, this is a question. Think "interrogation." This is what you will feel like when you are faced with answering thirty detailed and difficult questions. We will help you answer the questions as best we can, but you are the only person who has the information needed. Interrogatories are part of discovery.

Judge - Judges make the final decisions in your case if you go to trial. Your hearing will either be before a Judge or a Master; either way a Judge will sign the final order. If negotiation fails and you go before a Judge for a custody matter, the first thing you will hear is the question "Why are you leaving the most important decision about your children to a stranger?"

Limited divorce - A limited divorce is a divorce "from bed and board." This means that all custody and financial issues have been resolved, but neither party can get remarried until an absolute divorce has been granted. This is an ancient kind of divorce based on Ecclesiastical law, and we are not sure why it still exists, but that is the law in Maryland. It is now used as a means to get in the courthouse door and is almost never the desired final result of a case.

Litigation -  This is the process of taking your case through the Court. Litigation is always adversarial because there is a Plaintiff and a Defendant and the final decision is left to a Judge or Master.

Marital property -  The easiest way to define marital property is to list the things that are not marital property. Marital property is everything acquired during the marriage EXCEPT something that owned before the marriage, something inherited, a gift to one party and only that party (e.g., your parents gave you a gift of $100 and told you to spend it only on yourself and not to give any of it to your spouse), or property excluded by a valid agreement.

Marital award - A monetary award to one party to make up for the fault of breaking up the marriage or to make up for some inequity in the division of property.

Master - A Master is not a Judge, but acts like one. A Master may preside over a hearing and make findings of basic facts. For example, a Master will find what the parties' incomes are or that your child is ten. The Master then makes recommendations to the Judge as to how those facts should be used to determine the outcome of the case. To finish the above example, the Master would find what the parties' incomes are and then make a recommendation as to what the child support should be.

Material change - A BIG change. No decision is ever final when it comes to child support and child custody. If, after the initial order, there is some major life-changing event relating to the children, then you can ask the Court to review the order and make a change.

Mediation - An Alternative Dispute Resolution (ADR) process where the parties meet with a neutral third party who assists them in determining their interests and help them come to a resolution of their own making. In Montgomery County, child custody mediation is court ordered and at no cost. Only the parties (not their lawyers, friends, advisors, or anyone else) participate in two two-hour sessions. Court-ordered property mediation is attended by the parties and their attorneys for one three-hour session at the parties' expense. The parties may also enter into mediation by agreement instead of being required to do so by the Court.

No-fault - In other jurisdictions this is called "irreconcilable differences." There are two grounds in Maryland that do not include fault - voluntary separation and two-year separation.
Paralegal  This is a trained professional who can support a lawyer, but cannot give legal advice or appear in Court. Our paralegals can help you with questions about how to fill out some forms, what documents you need to get, and other informational issues. They cannot give you legal advice on any issue; that is what the attorneys are for.

Plaintiff  - The person who sues first. Generally there is no benefit either to being the first to sue or to being the person sued. Both sides get to present their case and ask the court for some relief.

Pro bono - Literally "for good," a pro bono case is done for no charge. Our firm only takes pro bono cases referred to us by the Montgomery County Bar Association Foundation pro bono program.

Pro Se - Literally "for oneself," a person representing him- or herself in court without an attorney. This is a dangerous proposition for both parties. Cases are hard enough without the parties trying to muddle through without thorough knowledge of the law. The unrepresented party risks not getting everything they think they are entitled to. The represented party may be dragged into lengthy litigation because the other party has unrealistic expectations or insists on their "day in court."

Protective order  1. An order to protect the petitioner from harm in a Domestic Violence case. In order to get a protective order, the person asking for one must be able to show, to a very high standard, that they are in reasonable fear of imminent bodily harm. This is difficult area of law, and you really need a lawyer to decide if you meet the requirements to receive one or how to defend against one.

2. An Order restricting what may be sought in discovery or how discovery responses may be used.

Separation - The state of Maryland does not have a "legal separation." Although there are statutes that allow you to get a divorce even if you live together, realistically you need to separate from your spouse to get a divorce. Separation means that you do not sleep under the same roof or have any marital relations.

Separation agreement - The parties can reach an agreement without using the court that deals with a some issues or all the issues in a divorce. This is usually the most cost-effective way to resolve issues and most people are happier when they can make their own decision on how the issues are resolved.

Serve - Before any court action can go forward, the other side has to be "served" with the notification that they are being sued. The State of Maryland, and all other states, have specific rules and procedures for this.

Service - see Serve.

Summons - The formal notice from the Court that is served on the Defendant advising that a lawsuit has been filed by the Plaintiff.

Trial - A trial is a hearing in front of a Judge or Master, just like on television. Witnesses are called to testify and answer questions from both your lawyer and the other side's lawyer. Documents are given to the Judge to review. At the end of the trial, the Judge will make a decision as to what should happen.

Uncontested divorce - A divorce is only uncontested if all property and custody issues have been resolved and the grounds for divorce are not contested. Some cases start off this way; others become uncontested once the parties have had a chance to negotiate during the litigation process.

Use and possession - If the court finds that it is in the best interest of the children to remain in their house with the furniture and with a car despite the fact that the parents are getting a divorce, it can order that the custodial
parent has "use and possession" and the children can remain in the house for up to three years after the date of the divorce.

Visitation - This term has been replaced with the term "access." In a situation where one parent has the children living with them most of the time, the other parent has "visitation" with the children.

Acronyms

QDRO "QUAD ro" - Qualified Domestic Relations Order. This is the way the court divides a pension or 401(k).