Family Law Terms and Definitions

Family Law Terms

Abandonment - A reason for divorce. Abandonment occurs when one party has left the other for a continuous period of one year or more, without the party’s consent, and without justification (good cause).

Adultery - Adultery is any sexual act, or deviate sexual act (as defined in the Penal Code), with another person at a time when that person has a living spouse.

Annulment - A court declaration that states that a marriage was never legally valid. After an annulment, the parties are free to remarry.

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Child Support - Money paid by one parent to another for a child’s expenses after separation and/or divorce.

Contested Divorce - A divorce action which is opposed.

Cruel and Inhumane Treatment - A reason for divorce. Cruel and inhuman treatment consists of cruelty, whether physical, verbal, sexual or emotional, committed by the Defendant, against the Plaintiff, that endangers the Plaintiff's physical or mental well-being and makes living together either unsafe or improper.

Divorce - The legal ending of the marriage between a husband and wife so that each is free to marry again.

Emancipation - The release of a child from the responsibility and control of a parent or guardian. Under New York law, child support must be paid until the age 21. If a child marries, enters the military or becomes self-supporting, before turning 21, the court may consider the child emancipated, and child support may be terminated.

Family Court - The Family Court has the jurisdiction to hear cases involving child support, custody, visitation, spousal support and family offenses.

Law Guardian - An attorney for the child in contested custody matters who is appointed by the court.

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Marital Property Any property, regardless of which person is named as owner, that the Plaintiff or Defendant obtained from the date of marriage to the beginning of the divorce action.

Order of Protection - An order issued by a court which directs one person to stop certain conduct, such as harassment, against another person. The order may also direct the person to be excluded from the residence and to stay away from the other person, his or her home, school, place of employment and his or her children.

Separation - One spouse’s absence from the marital household prior to divorce.

Spouse - Husband or wife.

Unemancipated Children - Children under the age of 21 who are supported by a parent or guardian.

Uncontested Divorce - A divorce action in which the Defendant does not respond to the Summons or otherwise agrees not to oppose the divorce even if financial issues are contested.

Visitation - The right of a non-custodial parent to be with a child.

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	Did You Know?
	There are legal requirements for being married? As in all areas of family law it is wise to consult with your lawyer. The legal requirements for a man and a woman to marry vary from state to state. Although there are differences between the requirements in the various states, a marriage between a man and a woman performed in one state must be recognized by every other state under the Full Faith and Credit Clause of the United States Constitution.