Case Information Statement
(CIS) |
A
multi-page financial document that must be completed by each party, describing the details
of income, expenses, assets and debts. |
| Certification |
A sworn
document describing facts of a particular issue, similar to an affidavit. A certification
is filed with a Notice of Motion or in reply to a Notice of Motion brought by your spouse. |
| Deposition |
Procedure
during which an attorney questions a witness or a party to the divorce under oath and the
questions and answers are transcribed by a court reporter. |
| Discovery |
Exchange
of information regarding all issues relevant to your divorce. The most frequently used
forms of discovery are interrogatories and depositions. |
Early Settlement Panel
(ESP) |
A
conference at the Court House attended by you, your spouse, and both attorneys. The facts
of your case are presented to a panel of family-law practitioners who volunteer their time
to assist in the settlement of cases. These panelists consider the specific circumstances
of your case and make a recommendation for settlement. While non-binding, this
recommendation frequently helps the parties and their attorneys reach a settlement
agreement. |
Equitable Distribution
|
The
statutory right to receive a fair distribution of assets acquired during the marriage. |
Interrogatories
|
Written
questions used as part of discovery which are answered and sworn to by each party. |
Joint Custody
|
There
are two aspects to joint custody:
- Joint legal
custody means that the parties share the rights and responsibilities for making
decisions concerning the significant aspects of a child's life, including educational,
medical, and religious issues.
- Joint
physical custody means that the child lives part of the time with each parent. The
nature and extent of sharing of time may vary significantly.
It is not unusual for
parents to have joint legal custody while one parent has sole or primary physical custody
and the other has substantial time with a child. |
Judgment of Divorce
|
A
document that grants a divorce and reflects the CourtŐs decision following trial,
resolving all issues such as alimony, support, custody, visitation and equitable
distribution. If the parties settle out of court, the Judgment of Divorce includes all the
terms of the Settlement Agreement. |
Notice of Motion
|
To
obtain a court order for support, discovery, or other relief, either party may file a
Notice of Motion with the Court. The Notice is supported by the certification of the party
seeking the relief. Most often, the Court permits attorneys to appear in court and make
arguments on behalf of their clients on the return date of the motion. Clients may appear
in court on motion days to observe the procedure but are rarely allowed to testify.
Occasionally, the Court makes its decision solely by reading the papers submitted. After
the decision is entered, one of the lawyers prepares an order that documents the judge's
ruling. |
Order
|
A
document that reflects the Court's decision after hearing a Motion or Order to Show Cause. |
Order to Show Cause
|
When
emergency relief is sought from the Court, a party may file an Order to Show Cause. For
example, a party might file an Order to Show Cause when there is an imminent threat that
funds will be dissipated or that a child will be taken out of the State. |
Trial
|
If the
parties cannot resolve their differences, the parties and their witnesses testify and
present evidence in open court, subject to interrogation by the other spouse's lawyer. At
the conclusion of the trial, the Court renders a decision called a Judgment. |
