NALA ACP - Family Law key terms

A nonlawyer giving legal advice, selecting legal strategy, or representing a party in court without a license. Paralegals may perform substantive work only under attorney supervision and may not independently counsel clients.

The requirement that a lawyer directly oversee and remain responsible for a paralegal's work product and client contact. The supervising attorney bears professional responsibility for errors and ethical breaches.

The duty to keep all information learned during representation secret, broader than the evidentiary privilege. It survives the end of the case and covers informal conversations, documents, and observations.

An evidentiary rule protecting confidential communications between client and attorney, or their agents, from compelled disclosure. It is narrower than confidentiality and can be waived by disclosure to third parties.

A circumstance where representation of one client is or may be materially limited by duties to another client, a former client, or the paralegal's own interests. It requires disclosure and often written waiver or withdrawal.

The agreed boundaries of what the attorney and paralegal will do for the client, documented in an engagement letter. It clarifies fees, tasks, exclusions, and the client's responsibilities.

A written agreement setting out the scope of work, fee structure, costs, retainer, and respective duties of attorney and client. It manages expectations and reduces later fee disputes.

An advance payment from the client against which fees and costs are drawn, or a fee paid to secure availability. Jurisdictions treat client funds as trust property requiring separate accounting.

A segregated bank account holding client funds, such as retainers and settlement proceeds, separate from the firm's operating money. Rules govern deposits, withdrawals, recordkeeping, and reconciliation.

The structured process of gathering a prospective client's facts, documents, goals, deadlines, and financial picture before the firm accepts the matter. It supports conflict checks and case screening.

A search of firm records for prior or current representations involving the parties, opposing counsel, or witnesses before accepting a new matter. It prevents disqualifying conflicts of interest.

The first substantive meeting where the attorney evaluates the legal issues, explains options, discusses fees, and decides whether to take the case. The paralegal often prepares the agenda and documents.

A statutory deadline for filing a claim, after which the right to sue is generally lost. Family law deadlines vary by claim type, such as divorce, paternity, or support arrearage enforcement.

A court's legal authority to hear a case and bind the parties. Divorce requires at least one spouse's domicile in the state, while support and custody may require separate personal or continuing jurisdiction.

The proper geographic location, usually a county, within a court system where a case should be filed. It is typically based on where the parties reside or where the marital property is located.

The minimum period a spouse must live in a state before filing for divorce there. Durations vary widely, and meeting them affects both jurisdiction and the timing of a filing.

A person's true, fixed, permanent home to which they intend to return, distinct from mere physical presence. It is often the key test for divorce jurisdiction and choice of law.

A dissolution granted without proving marital misconduct, usually based on irreconcilable differences or irretrievable breakdown. Most states now permit it, sometimes after a separation period.

A dissolution based on a spouse's proven marital misconduct, such as adultery, cruelty, or desertion. Fault grounds remain available in some states and can affect property or support outcomes.

The most common no-fault ground, meaning the marriage has broken down with no reasonable prospect of reconciliation. It avoids assigning blame and usually requires no proof beyond testimony.

The majority-rule approach dividing marital property fairly, not necessarily equally, considering factors such as duration, contributions, and earning capacity. Courts classify assets before distributing them.

A marital property system in a minority of states where most earnings and acquisitions during marriage belong equally to both spouses. Separate property brought to the marriage generally stays separate.

Assets and debts acquired during the marriage that are subject to division at divorce. It usually includes earnings, retirement accruals, and jointly titled property, subject to state rules.

Assets owned before marriage or acquired by gift or inheritance during it, generally not divided at divorce. Appreciation and commingling can convert part of it into marital property.

Mixing separate and marital funds or property so that tracing becomes difficult. It can cause separate assets to be treated as marital and therefore divisible.

A contract signed before marriage defining property rights and support if the marriage ends. Enforceability requires procedural fairness, full disclosure, and often independent counsel.

A contract executed during the marriage that adjusts property, support, or other rights on divorce or death. Courts scrutinize it more closely than a prenuptial agreement for fairness and voluntariness.

Payments from one spouse to the other after separation or divorce to address need and standard of living. Amount and duration depend on statutory factors such as income, duration, and health.

Temporary support paid while the divorce is pending, intended to maintain the status quo and fund litigation. It ends when the final decree is entered or the case is dismissed.

Income a court attributes to a party based on earning capacity rather than actual earnings, often when a spouse is voluntarily unemployed or underemployed. It affects support calculations.

The right and responsibility to make major decisions for a child, including education, healthcare, and religion. It may be sole or joint, regardless of where the child primarily lives.

Where a child resides and who provides day-to-day care, often expressed as a parenting time schedule. Courts may order primary, joint, or shared physical custody arrangements.

The governing standard for custody and parenting decisions, weighing factors such as stability, caregiving history, safety, and each parent's ability to support the child's relationship with the other.

A written schedule and set of rules covering decision-making, residential time, holidays, exchanges, and communication. Courts often require it in custody cases and may incorporate it into the order.

Time a noncustodial parent or other person is granted with a child. Modern practice often calls it parenting time and may include supervised or restricted arrangements when safety is a concern.

A court-appointed representative who investigates and advocates for a child's best interests in custody or abuse proceedings. The role may be investigative or may include legal representation.

An assessment by a psychologist or social worker of parents, children, and family dynamics, resulting in recommendations to the court. Evaluators interview parties, observe interactions, and review records.

Statutory formulas calculating support from parental income, number of children, and factors like childcare and health insurance. Courts may deviate only with written findings.

An administrative or court order directing an employer to deduct child or spousal support from wages and remit it to a support agency or recipient. It is a primary enforcement tool.

Past-due support that has not been paid and accumulates as a judgment-like obligation. Remedies include wage garnishment, liens, license suspension, and contempt proceedings.

A court-ordered change to support, custody, or alimony based on a substantial change in circumstances or statutory criteria. The change generally applies from the date of filing, not retroactively.

A remedy for willfully disobeying a court order, such as failing to pay support or follow a parenting schedule. It may be civil, coercive, or criminal, and can carry fines or jail.

Written questions served on an opposing party that must be answered under oath within a set time. They are a standard discovery tool for finances, assets, and parenting facts.

A discovery demand requiring the other party to produce documents, records, or things for inspection and copying. In family law it commonly targets bank statements, tax returns, and communications.

Sworn out-of-court testimony recorded by a court reporter, used to gather facts, preserve testimony, and impeach at trial. Counsel may object but usually must reserve objections for trial.

The pretrial exchange of information and evidence through interrogatories, document requests, depositions, and requests for admission. It narrows issues and supports settlement or trial preparation.

The initial pleading that starts a family law case, stating the parties, the claim, and the relief requested. It is served on the respondent with a summons and must meet pleading rules.

A formal written request asking the court to take a specific action, such as temporary support, continuance, or enforcement. It is supported by a brief and often a hearing.

A written statement of facts sworn or affirmed before a notary or other authorized officer. It supports motions and pleadings and may be used as evidence in some proceedings.

A court order directing a party to appear and explain why the requested relief should not be granted. It often sets a short deadline and may include temporary relief pending the hearing.

A notice issued with a petition informing the respondent of the case and the deadline to respond. Proper service of the summons is essential to the court's personal jurisdiction.

The legally prescribed delivery of the petition and summons to the respondent to give notice and establish jurisdiction. Rules specify who may serve and acceptable methods.

A confidential, voluntary process where a neutral facilitator helps parties negotiate their own settlement. The mediator does not decide the case, and agreements may be reduced to a binding writing.

A process where a neutral third party hears evidence and issues a decision that may be binding. It is less common in family law and often limited to property or support issues.

A team-based approach where both parties and their attorneys commit to settle without litigation. If negotiations fail, the attorneys typically must withdraw, which creates strong settlement incentives.

A written contract resolving some or all disputed issues, often incorporated into the final decree. Courts review it for fairness, especially when children or support are involved.

A court order entered by agreement of the parties rather than after a contested hearing. It has the same enforceability as any order and can be modified only under applicable standards.