Law Office of Allyson Hughes, P.A.

Contingent Liability: A liability that you may owe later, such as payments for lawsuits, unpaid taxes, or debts that you have agreed or guaranteed to pay if someone else does not.

Counter-Petition: A written request to the Court for legal action, which is filed by a respondent after being served with a petition.

Default: A failure of a party to respond to a pleading of another party. This failure to respond my allow the Court to decide the case without input from the party who did not appear or respond.

Delinquent: Late.

Dependent Child(ren): Child(ren) who depend on their parent(s) for support either because they are under the age of 18, they have a mental or physical disability that prevents them from supporting themselves, or they are in high school while between the ages of 18 and 19 and are performing in good faith with reasonable expectation of graduation before the age of 19.

Deputy Clerk: An employee of the office of the Clerk of the Court, which is usually located in the county courthouse or a branch of the county courthouse.

Dissolution of Marriage: A divorce; a court action to dissolve a marriage.

Enjoined: Prohibited by the Court from doing a specific act.

Ex Parte: Communication with the Judge by only one party. In order for a Judge to speak with either party, the other party must have been properly notified and have an opportunity to be heard. If you have something you wish to tell the Judge, you should ask for a hearing or file information in the Clerk of the Court’s office, with certification that a copy was sent to the other party.

Filing: Delivering a petition, response, motion or other pleading in a court case to the Clerk of the Court’s office.

Filing Fee: An amount of money, set by law, that the Petitioner must pay when filing a case. This amount varies from county to county.

Final Hearing: Non-jury trial in your case.

Financial Affidavit: A sworn statement that contains information regarding your income, expenses, assets and liabilities.

Final Judgment: A written document signed by a judge and recorded in the Clerk of the Circuit Court’s office that contains the judge’s decision in your case.

Guardian Ad Litem: A neutral person who may be appointed by the Court to evaluate or investigate your child’s situation, and file a report with the Court about what is in the best interests of your child(ren). Guardians do not "work for" either party. The Guardian may interview the parties, visit their homes, visit the child(ren)’s school(s) and speak with teachers, or use other resources to make their recommendations.

Hearing: A legal proceeding before a judge or designated officer (general master or hearing officer) on a motion.

Judge: An elected official who is responsible for deciding matters on which you and the other parties in your case are unable to agree. A judge is a neutral person who is responsible for ensuring that your case is resolved in a manner which is fair, equitable, and legal. A judge is prohibited by law from giving you or the other party any legal advice, recommendations, or other assistance, and may not talk to either party unless both parties are present, represented, or at a properly scheduled hearing.

Judicial Assistant: The judge’s personal staff assistant.

Liabilities: Everything owed by you or your spouse, including mortgages, credit cards, or car loans. A liability may be marital or non-marital, but that distinction is for the Court to determine if you or your spouse do not agree.

Lump Sum Alimony: Money ordered to be paid by one spouse to another in a limited number of payments, often a single payment.

Mandatory Disclosure: Items that must be disclosed by both parties except those exempted from disclosure by Florida Family Law Rule 12.285.

Marital Asset: Generally, anything that you and/or your spouse acquired or received (by gift or purchase) during the marriage. For example, something you owned before your marriage may be non-marital. An asset may only be determined marital by agreement of the parties or determination of the judge.

Marital Liability: Generally, any debt that you and/or your spouse incurred during the marriage. A debt may only be determined to be non-marital by agreement of the parties or determination of the judge.

Mediator: A person who is trained and certified to assist parties in reaching an agreement before going to Court. Mediators do not take either party’s side and are not allowed to give legal advice. They are only responsible for helping the parties reach an agreement and putting that agreement into writing. In some areas, mediation of certain family law cases may be required before going to Court. Pasco County requires parties attempt mediation, while Pinellas County does not.

Modification: A change made by the Court in an order or final judgment.

Motion: A request made to the Court, other than a petition.

No Contact: A Court order directing a party not to speak to, call, send mail to, visit or go near his or her spouse, ex-spouse, child(ren) or other family member.

Non-Marital Asset: Generally, anything owned separately by you or your spouse. An asset may only be determined to be non-marital by either agreement of the parties or determination of the judge.

Non-Marital Liability: Generally, any debt that you or your spouse incurred before your marriage or since your separation. A debt may only be determined to be non-marital by either agreement of the parties or determination of the judge.

Non-Party: A person who is not the petitioner or respondent in a Court case.

Obligee: A person to whom money, such as child support or alimony, is owed.