P

PALIMONY - support paid from one person to another even though they were never married.

 

PARALEGAL - a trained person who assists a lawyer.

 

PARENS PATRIAE - a doctrine whereby the state takes jurisdiction over a minor living within its border. It is the basis for deciding what state will assume jurisdiction in a child custody case.

 

PARENTING CLASSES - organized classes designed to teach parents how to minimize the negative aspects of divorce on their children.  Almost all parents are ordered by the court to take such classes.

 

PARTY - a plaintiff or a defendant in a legal proceeding.

 

PATERNITY - the legal biological relationship between father and child.

 

PENDENTE LITE refers to the temporary nature of a court order pending the final resolution of the issue at a trial which will result in a judgment.

 

PERJURY - the act of lying under oath in court.

 

PERSONAL JURISDICTION - the power of the court to make orders regarding an individual and have them enforced.

 

PERSONAL PROPERTY - property that is not real estate.

 

PETITION - the title given to the first document filed in pursuit of a divorce.

 

PETITIONER - the person who initiates the divorce by filing the petition.

 

PHYSICAL CUSTODY - it is in reference to the parent with whom the child resides. Depending upon arrangements, it may be joint or sole custody.

 

PLAINTIFF - the individual who files the divorce petition, thereby initiating the divorce.  Used interchangeably with Petitioner.

 

PLEADING - a formal written application to the court which requests action by the court.

POINTS AND AUTHORITIES a written document which provides a judicial officer with an analysis of the facts and the applicable statutory and case law which is intended to convince the trier of fact that a particular outcome is required in given circumstances. 

 

POSTNUPTIAL - a written contract between husband and wife that states all of their present and future rights in view of their impending divorce. 

 

PRAECIPE - an order asking the court to act. It is addressed to the clerk of court.

 

PRAYER - the portion at the end of the pleading which states the relief that is requested of the court.

 

PRECEDENT - something that has already happened that will influence how future similar events will be viewed by the court.

 

PRENUPTIAL AGREEMENT - a legal contract signed by two people before they get married. It typically involves limitations on a spouse's rights to property, support, and inheritance upon divorce.  Used interchangeable with Antenuptial.

 

PRESENT VALUE - the value of a future payment or series of future payments discounted to the current date or to time period zero.

 

PRIMARY CARETAKER - the parent who provides majority of the child's day to day care.  Majority only means more than half and does not refer to or imply any percentages of time.

 

PRIVILEGE - the right a spouse has to make admissions to an attorney or counselor that can not be later used as evidence.

 

PRO SE DIVORCE - a divorce in which each spouse represents themselves in court without an attorney.  Used interchangeably with Pro Per or In Propria Persona.

 

PROOF OF SERVICE a document containing a sworn statement regarding the facts regarding the service of pleadings on the responding party.   The court may proceed to hearing unless satisfied that each party has been given notice.  The proof of service provides the court with evidence that there has been notice as required under the due process provisions of the constitution.

 

PROTECTIVE ORDER the order which is obtained by a police officer in response to an emergency situation such as an incident of domestic violence which acts to protect persons from one another until a formal court order or restraining order can be obtained.

 

PROTHONOTHARY - the court clerk in charge of civil filings.

 

PURPOSE OF AN APPRAISAL - the states scope of an appraisal assignment, i.e., to estimate a defined value of any real property interest, or to conduct an evaluation study pertaining to real property decisions.