Preliminary Conference Divorce New York

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Terms Everyone in the Preliminary Conference Divorce New York Industry Should Know

Here are essential terms everyone in the Preliminary Conference Divorce (New York) industry should know:

 

 Legal Process Terms

1. Preliminary Conference (PC): The first formal meeting in a contested divorce where the court establishes a timeline for discovery and case milestones.

2. Contested Divorce: A divorce where spouses disagree on one or more issues, such as asset division, custody, or support.

3. Uncontested Divorce: A divorce where both parties agree on all issues, potentially bypassing the need for a Preliminary Conference.

4. Stipulation: An agreement between both parties on specific issues, formalized and presented to the court.

5. Discovery: The process of exchanging information and documentation relevant to the Preliminary Conference Divorce New York case.

6. Case Management Order (CMO): An order issued during or after the PC, outlining deadlines and next steps for the case.

 

 Custody and Support Terms

7. The standard used to determine custody and visitation arrangements is referred to as the Best Interests of the Child.

8. Child Support Standards Act (CSSA): The New York statute governing child support calculations.

9. Temporary Maintenance: Financial support awarded to one spouse during the divorce process.

10. The Parenting Plan is a comprehensive document that outlines the custody and visitation arrangements for the child.

 

 Financial and Asset Terms

11. Equitable Distribution: The division of marital property based on fairness rather than an equal split.

12. Marital Property: Assets and debts acquired during the marriage, subject to division.

13. Separate Property: Assets acquired before marriage or through inheritance/gift, typically not subject to division.

14. Statement of Net Worth: A financial affidavit detailing income, expenses, assets, and liabilities.

 

 Court and Litigation Terms

15. ADR (Alternative Dispute Resolution): Methods such as mediation or arbitration to resolve disputes outside court.

16. Temporary Orders: Court orders issued during the divorce process, addressing issues like custody or financial support.

17. Motion Practice: Filing requests for the court to make decisions on specific issues before the trial.

18. Judicial Intervention (JI): The process of formally involving the court to resolve disputes.

19. Order to Show Cause: A legal document used to request immediate court intervention.

 

 Key Deadlines

20. Compliance Conference: A follow-up meeting to ensure both parties adhere to the PC's orders and timelines.

21. The document has been filed to confirm that the case is prepared for trial.

 

 Divorce Process Terms

22. Notice of Appearance: A document filed by an attorney indicating they represent a party in the divorce.

23. Summons with Notice: A legal document initiating the divorce, briefly outlining the grounds and relief sought.

24. Verified Complaint: A formal document specifying the grounds for divorce and the relief requested by the plaintiff.

25. Answer: A response from the defendant addressing the claims in the Verified Complaint.

26. A counterclaim is a claim made by the defendant against the plaintiff in response to the initial complaint.

27. Default Judgment: A judgment granted when one party fails to respond or appear in court.

 

 Custody and Parenting Terms

28. Legal custody refers to the right to make significant decisions about a child's life, such as education and health.

29. The physical custody of a child determines their daily living arrangements.

30. Joint Custody: Both parents share decision-making responsibilities for the child.

31. Sole Custody: One parent has exclusive decision-making authority for the child.

32. The term "Visitation Rights" refers to the time a non-custodial parent can spend with their child.

33. Forensic Evaluation: A court-ordered evaluation by a mental health professional to assess custody and parenting arrangements.

 

 Financial Terms

34. Maintenance (Alimony): Financial support paid by one spouse to another, either temporarily or permanently.

35. Imputed Income: Income the court assigns to a party based on their earning capacity rather than actual earnings.

36. Qualified Domestic Relations Order (QDRO): A court order required to divide retirement benefits in a divorce.

37. Pendente Lite Relief: Temporary financial support awarded while the divorce is pending.

38. Arrears: Unpaid child support or maintenance obligations.

 

 Litigation and Court Terms

39. In Camera Interview: A private discussion between the judge and a child to determine their preferences regarding custody.

40. Settlement Conference: A meeting aimed at resolving disputes before trial.

41. Trial Readiness Conference: A meeting to determine if all necessary steps are complete for the case to proceed to trial.

42. Expert Witness: A professional, such as a financial analyst or psychologist, providing testimony to support a party's case.

43. A subpoena is a legal document that mandates a person to appear in court or provide certain documents.

 

 Grounds for Divorce Terms

44. Irretrievable Breakdown: The no-fault divorce ground in New York requiring proof that the marriage has been broken for at least six months.

45. Cruel and Inhuman Treatment: A fault-based ground alleging physical or mental cruelty.

46. Abandonment: A fault ground where one spouse leaves the other without justification for a year or more.

47. Adultery: A fault ground based on extramarital relations.

48. Constructive Abandonment: A fault ground where one spouse refuses sexual relations for a year or more.

 

 Alternative Dispute Resolution (ADR) Terms

49. Mediation: A collaborative process where a neutral third party helps spouses resolve disputes.

50. Arbitration: A process where a neutral third party makes binding decisions on Publication Divorce New York issues.

51. Collaborative Divorce: A process where spouses and their attorneys work together to reach a resolution without going to court.

 

 Additional Court and Procedural Terms

52. Judgment of Divorce: The final court order that legally dissolves the marriage.

53. Parenting Coordinator: A neutral professional assisting parents in resolving day-to-day custody conflicts.

54. Financial Neutral: An expert, such as an accountant, used in collaborative divorces to address financial issues.

55. Restraining Order: A court order prohibiting one party from contacting or approaching the other.

56. An Order of Protection is a legal order that protects a party from abuse or harassment.

57. Court Referee: A court-appointed official handling procedural aspects of a divorce case.

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