Affidavit: A written statement of facts made under oath and signed before a notary public. Affidavits are used primarily when there will not be a hearing with live testimony. The attorney will prepare an affidavit to present relevant facts. Affidavits may be signed by the parties or in some cases by witnesses. The person signing the affidavit may be referred to as the “Affiant.”
Allegation: A statement that one party claims is true.
Alimony: Court-ordered spousal support payments from one party to another, often to enable the recipient spouse to become economically independent.
Answer: A written response to the petition for divorce. It serves to admit or deny the allegations in the petition and may also make claims against the opposing party. This is sometimes called a “Responsive Pleading.”
Appeal: The process by which a higher court reviews the decision of a lower court. In Kansas family law cases, a person will first file an appeal with the Kansas Court of Appeals. After that appeal is decided there may be a further appeal to the Kansas Supreme Court.
Child support: Financial support for a child paid by the noncustodial parent to the custodial parent.
Court order: A court-issued document setting forth the judge’s orders. An order can be issued based upon the parties’ agreement or the judge’s decision. An order may require the parties to perform certain acts or set forth their rights and responsibilities. An order may also prohibit or restrain a party from acting. An order is put in writing, signed by the judge, and filed with the court.
Contempt of court: The willful and intentional failure of a party to comply with a court order, judgment, or decree. Contempt may be punishable by a fine or jail, or some other sanction.
Contested case: Any case in which the parties cannot reach an agreement. A contested case will result in a trial to have the judge decide disputed issues.
Cross-examination: The questioning of a witness by the opposing counsel during trial or at a deposition, in response to questions asked by the other lawyer.
Custody: The legal right and responsibility awarded by a court for the possession of, care of, and decision-making for a minor child.
Decree of Divorce: A final court order dissolving the marriage, dividing property and debts, ordering support, if any, and entering other orders regarding finances and the minor children.
Deposition: A witness’s testimony taken outside of court, under oath, and in the presence of lawyers and a court reporter. If a person gives a different testimony at the time of trial, he or she can be impeached with the deposition testimony; that is, statements made at a deposition can be used to show untruthfulness if a different or contrary answer is given at trial. Such contrary statements can damage the witness’s credibility.
Direct examination: The initial questioning of a witness in court by the lawyer who called him or her to the stand.
Discovery: A process used by attorneys to discover information from the opposing party for the purpose of fully assessing a case for settlement or trial. Types of discovery include interrogatories (written questions), requests for production of documents, and requests for admissions.
Equitable distribution of property: The method by which real and personal property and debts are divided in a divorce. Given all the relevant financial and economic circumstances of the parties, Kansas law requires that marital property and debts be divided in a fair and reasonable manner.
Ex parte: Usually in reference to a motion, the term used to describe an appearance of only one party before the judge, without other party being present. For example, an ex parte restraining order may be granted immediately after the filing of a petition for divorce and without the participation of the other party.
Guardian ad litem (GAL): A person, often a lawyer or mental health professional, appointed by court to conduct an investigation and/or make recommendations regarding the children’s best interests.
Hearing: Any proceeding before the court for the purpose of resolving disputed issues between the parties through presentation of testimony, affidavits, exhibits, or argument.
Interrogatories: Written questions sent from one party to the other that are used to obtain facts or opinions related to the divorce under oath or penalty of perjury.
Joint custody: The shared right and responsibility of both parents awarded by the court for possession, care, and decision-making for minor children.
Mediation: A process by which a neutral third party facilitates negotiations between the parties on a wide range of issues, frequently leading to a final agreement of those issues.
Motion: A written application or request to the court for relief, such as temporary child support, custody, or restraining orders.
No fault divorce: The type of divorce Kansas has that court does not require evidence of marital misconduct. This means that abandonment, cruelty, drug, alcohol, gambling or pornography addiction, and adultery are neither relevant nor required to be proven for the purposes of granting the divorce.
Notice of hearing: A written statement sent to the opposing lawyer or other party listing the date, method of hearing (by Zoom or in-person), and the nature of the issues or matters that will be heard by the court. In Kansas, one party is required to give the other party reasonable notice of any court hearing.
Party: The person in a legal action whose rights or interests will be affected by the divorce. For example, in a divorce case the parties may include the two spouses.
Pending: During the case. For example, the judge may award you temporary support while your case is pending.
Petition: The first document filed with the clerk of the court in an action for divorce, separation, or paternity. The petition sets forth the facts and legal grounds on which the requested relief is based.
Petitioner: The person who files the petition initiating a divorce.
Pleadings: Documents filed with the court. The petition and any motion filed are pleadings in the case.
Qualified domestic relations order (QDRO): A type of court order that provides for direct payment or transfer from a retirement account to a former spouse.
Request for production of documents: A written request for documents sent from one party to the other during the discovery process.
Respondent: The responding party to a divorce; the party who did not file the petition initiating the divorce.
Settlement: The agreed resolution of disputed issues, usually in writing.
Show cause: Written application to the court to hold another person in contempt of court for violating or failing to comply with a current court order.
Stipulation: An agreement reached between parties or an agreement by their attorneys.
Subpoena: A document delivered to a person or witness that requires him or her to appear in court, appear for a deposition, and/or produce documents. Failure to comply could result in punishment by the court. A subpoena requesting documents is called a “subpoena duces tecum.”
Temporary restraining order (TRO): An order of the court prohibiting a party from certain behavior. For example, a temporary restraining order may order a person not to cancel any insurance coverage during a pending divorce action.
Trial: A formal court hearing in which the judge will decide disputed issues raised by the parties’ pleadings after receiving evidence from both parties.
Under advisement: A term used to describe the status of a case, usually after a court hearing on a motion or a trial, when the judge has not yet made a decision.