NALA ACP - Family Law flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Unauthorized practice of law

A nonlawyer's giving of legal advice, selecting or drafting legal documents for another, or appearing in court on another's behalf. Paralegals may perform substantive work only under attorney supervision and cannot set fees or accept representation.

Imputed disqualification

The rule that one lawyer's conflict of interest disqualifies the entire firm, including nonlawyer employees. Screening may cure a nonlawyer's conflict in some jurisdictions but is not universally accepted.

Client trust account

A separate account holding client funds, such as advance retainers and settlement proceeds. Commingling with firm funds is prohibited, and earned fees may be withdrawn only after notice to the client.

Conflict check

A pre-engagement search of the firm's records for prior or current representation of the adverse party, related entities, or witnesses. It runs before substantive intake and covers former and prospective clients.

Intake data elements

Core facts captured at first contact: full legal names, marriage and separation dates, residence history, children's names and birthdates, income sources, assets, debts, and existing court orders.

Litigation hold

A written directive to the client to preserve texts, emails, social media, financial records, and other evidence. Deleting or altering records after notice can support spoliation sanctions.

Domicile for divorce

The state where a spouse intends to remain indefinitely. At least one spouse must be domiciled there, and most states impose a minimum residency period before a petition may be filed.

No-fault divorce

A dissolution granted without proving marital fault, typically on grounds of irretrievable breakdown, irreconcilable differences, or living separate and apart for a statutory period.

In personam jurisdiction

A court's power to bind a nonresident spouse personally, required for support and property orders. It must satisfy the long-arm statute and due process minimum contacts.

Equitable distribution

A property division method used in most states that divides marital property under statutory factors. It is not necessarily equal, and separate property is generally confirmed to its owner.

Commingling and tracing

Mixing separate funds with marital funds can create a presumption of marital property. Tracing with clear records, such as statements showing the source, rebuts that presumption.

QDRO

A Qualified Domestic Relations Order directs an ERISA retirement plan to pay an alternate payee, such as a former spouse. The plan must approve the order before it will distribute benefits.

Prenuptial agreement

A written contract executed before marriage that sets property and support rights on divorce or death. It must be voluntary, free of fraud or duress, and often requires asset disclosure.

Rehabilitative alimony

Time-limited spousal support intended to help the recipient gain education or job skills and become self-supporting. The term and amount are set by statute and court findings.

Substantial change in circumstances

The threshold for modifying support or custody. The change must be material, continuing, and not contemplated by the original decree; accrued arrears are generally not modifiable retroactively.

TCJA alimony treatment

For divorce instruments executed after December 31, 2018, alimony is neither deductible by the payor nor includible as income to the payee. Earlier instruments retain the old treatment.

Best interests of the child

The controlling custody standard, weighing statutory factors such as stability, parental fitness, caregiving history, the child's preference, and each parent's ability to support the relationship.

Legal versus physical custody

Legal custody is authority to make major decisions about education, health, and religion. Physical custody is where the child resides; joint legal custody does not require equal parenting time.

UCCJEA home state

The state where the child lived with a parent for at least six consecutive months before the proceeding. That state has exclusive continuing jurisdiction over custody.

Relocation notice

A statutory requirement that a custodial parent give the other parent advance written notice, often 30 to 60 days, before moving. The move then requires consent or court approval.

Income shares model

A child support method combining both parents' incomes to find a basic obligation, then allocating it in proportion to each parent's income share. Most states use this model.

Melson formula

A child support guideline that first reserves a subsistence amount for each parent, then applies a percentage to remaining income. It is used in Delaware and Hawaii.

Deviation from guidelines

A support award differing from the presumptive guideline amount. It requires written findings that the guideline is unjust or inappropriate, such as special needs or shared parenting time.

Income withholding

An enforcement mechanism in which the obligor's employer deducts support from wages and remits it to the state disbursement unit. It is the primary federal enforcement tool.

Mandatory financial disclosure

A family law requirement that parties exchange sworn financial statements, tax returns, pay stubs, and account records. It supplements formal discovery and supports support and property claims.

Spousal communication privilege

A privilege protecting confidential communications between spouses during a valid marriage. Its scope and exceptions vary by state, and disclosure to third parties can waive it.

Best evidence rule

The requirement that the original writing, recording, or photograph be produced to prove its content. Duplicates are admissible unless authenticity is disputed or fairness requires the original.

Privilege log

A document identifying withheld materials and the privilege asserted for each. It is produced in discovery so the opposing party can evaluate and challenge the claims.

Temporary orders

Pendente lite relief while the case is pending, covering support, custody, exclusive use of the residence, attorney fees, and restraining orders. They last until final judgment.

Contempt of court

A proceeding to enforce a valid order that the party knew of and willfully violated. Civil contempt is coercive and remedial; criminal contempt is punitive and requires proof beyond a reasonable doubt.

Mediation confidentiality

Statutory and privilege protection making mediation communications inadmissible in later proceedings. Exceptions include threats of harm, mandatory reporting, and agreements signed by the parties.

Collaborative practice

A voluntary process in which the parties and counsel sign a participation agreement disqualifying the lawyers from litigating if settlement fails. It emphasizes interest-based negotiation and joint experts.