D

DAMAGES - the monetary harm caused by the actions of another person.

 

DEBTOR - a person who owes money.

 

DECLARATION OF DISCLOSURE documents which must be completed disclosing all information about assets and debts by each spouse to the other.  Failure to disclose can result in severe consequences.  A dissolution cannot be granted in California if disclosure is not completed.

 

DECREE - the final decision made on an action for divorce.  In California , this document will be entitled Judgment.

 

DEED - a written, legal instrument that conveys an estate or interest in real property when it is executed and delivered. There are numerous types of deeds.

 

DEFAULT ORDER OR JUDGMENT - an order or judgment made based on only the plaintiff's (petitioner's) complaint, due to no response or presence of the defendant (respondent).

 

DEFENDANT - the spouse who defends against the lawsuit brought against him or her by the other spouse.

 

DEFERRED ANNUITY - an income stream that begins at some time in the future.

 

DEFERRED COMPENSATION PACKAGE - this includes all retirement assets (such as a pension, 401K, IRA) and any other saving or postponed income earned during the marriage.

 

DEPOSITION - the testimony of a witness under oath and reduced to writing. It is also used to question opposing spouse and is done outside of the courtroom and outside the presence of the judicial officer.

 

DEPRECIATION - in appraising, a loss in property value from any cause. In regard to improvements, deterioration and Obsolescence. In accounting, an allowance made against the loss in value of an asset for a defined purpose and computed using a specified method.

 

DIRECT EXAMINATION - the initial questioning of a witness called to the stand by an attorney.

 

DIRECT PAYMENT - child or spousal support paid directly to the parent who has custody by the parent who does not have custody.

 

DISBARMENT - the official seizing of an attorney's license to practice law.

 

DISCOUNTING - the procedure used to convert periodic income and reversions into present value: based on the assumption that benefits received in the future are worth less than the same benefits received now.

 

DISCOVERY - procedures used to obtain documents and information that pertain to the case so that each side can complete the required disclosure documents.

 

DISCRETION OF THE COURT - an area of choice available to a judge to make decisions after reviewing reasonable evidence.  In family law proceedings, most things are left to the discretion of the court.

 

DISMISS - the termination of a case without a final disposition of the matter.

 

DISSOLUTION OF MARRIAGE - a legal judgment that severs a marriage relationship and returns each person to single status.

 

DISSOMASTER the computer program used by the courts and most attorneys to calculate child support.

 

DIVORCE - a final decree required to legally terminate a valid marriage.

 

DOCKET - the calendar schedule of the court.

 

DOCKET NUMBER - the number assigned by a court to a civil or criminal case. It is used to identify all court actions and it appears on all documents filed with the court in a specific case.

 

DOMICILE - the place where a person lives and will return if temporarily absent.