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CAPTION - the heading of a motion or other document illustrating the names of the plaintiff and the defendant, the name of the court, the court term and the identification number.  This will never change over time.

CERTIFIED COPY - a copy of the document contained in the court file. It includes a stamped seal confirming that the copy is indeed a true and correct copy of the document contained in the court file.

 

CHANGE OF VENUE - a change in the location, or court in which the case is filed, for example from one county to  another.  This can occur for a variety of reasons.

 

CHATTEL - personal property.

 

CHILD ABUSE the act of physically or emotionally battering a child.   Such acts can lead to the removal of a child from the custody of the parents and placement in a foster home.

 

CHILD CUSTODY - deals with the living arrangements (physical) and the (legal) decision - making concerning the child.  Custody can be Joint or Sole.

 

CHILD SUPPORT - the money the non - custodial parent pays to the custodial parent to help pay for the needs of the child.

 

CHILD SUPPORT GUIDELINES - a series of mathematical formulas that help derive the proper amount of child support that should be awarded.  A computer program is universally used to determine this amount using the percentage of time each parent spends with the child, income and other factors. 

 

CIVIL COURT - the court which presides over non-criminal cases.

 

CLAIM - the charge by one spouse against another.

 

CLEAR TITLE - transferring ownership of an asset without any encumbrances, obstructions or burdens that present any reasonable question of law or fact.

 

CLERK - the person responsible for keeping court records and procedures in an orderly fashion.

 

COBRA - Federal Legislation which guarantees that all individuals who are covered by medical insurance have the right to continue coverage for a monthly fee if employment changes or marital status changes.

 

COHABITATION - two people living together. This can be grounds for terminating support in California .

 

COLA - the cost of living adjustment (a COLA offset).

 

COMMON - LAW MARRIAGE - a marriage in which no formal ceremony took place and no license exists.  Common law marriage does not exist in California .

 

COMMUNITY PROPERTY - all income or property that was acquired during the marriage, with exception to gifts or inheritances without regard to the location of the property.  Certain facts may cause this property to be transmuted, or changed into one spouses separate property.

 

COMPARABLES - a shortened term for competitive property sales, rentals, or operating expenses used for comparison in the valuation process.

 

COMPLAINT an alternative term used to describe the initial pleading filed for divorce with specific grounds stated.  In California , a dissolution is initiated using a Petition and no specific grounds must be shown.  A statement that there are irreconcilable differences is sufficient.

 

CONCILIATION - the attempt to establish an agreement between the divorcing spouses concerning the children and any other areas in which they do not agree.

 

CONFLICT OF INTEREST - when any professional is not capable of performing services due to previous relationships or present relationships and/or a situation where confidentiality can be broken.

 

CONSTABLE - a person who is given the legal right to serve process.

 

CONSTRUCTIVE ABANDONMENT - the refusal of one spouse to engage in sexual relations with the other spouse.

 

CONSTRUCTIVE SERVICE OF PROCESS - when the service of process is delivered through other methods such as a newspaper due to the unknown whereabouts of the spouse.  This is also known as service by publication.

 

CONTEMPT OF COURT - any deliberate failure to comply with valid court orders when one has the ability to comply, including the disruption of the court.

 

CONTESTED DIVORCE - a divorce where at least one issue has not been settled before court. The court must decide the issue or issues.  In California , one cannot contest the issue of the ultimate granting of the dissolution.  A unilateral request for dissolution will be granted.

 

CONTINGENT FEE - an agreement which specifies that the attorney does not get paid unless the client wins the case. This type of arrangement is generally not used in divorce and custody cases.

 

CONTINUE - the act of postponing a scheduled court hearing to a later time.

 

CONVEY - to transfer property to someone by selling it or by other means.

 

COST APPROACH - a set of procedures in which an appraiser derives a value indication by estimating the current cost to reproduce or replace the existing structure, deducting for all accrued depreciation in the property, and adding the estimated land value.

 

COUNT - a statement of facts that clearly defines the complaint.  In family court proceedings, this term applies to contempt proceedings or criminal proceedings for failure to support only.

 

COURT CLERK - the administrative personnel of the court who handle the filings for court procedures and answers questions concerning them.  They clerks cannot give you legal advice.

 

COURT ORDER - a written document ordering a person to do or not to do something. It is issued by a court and signed by a judge or other judicial officer such as a Commissioner.

 

CREDITOR - a person to whom money is owed.

 

CROSS-EXAMINATION - the questioning of a witness of the opposing party in court or at a deposition. The purpose is to test the credibility or pursue advantageous avenues.

 

CUSTODIAL PARENT - the parent a child normally lives with, and the one who makes legal decisions concerning the child. There are  different types of custody arrangements.

 

CUSTODY - the legal right and responsibility to raise a minor child and to make decisions.