Divorce and Parental Rights and Responsibilities: Glossary

Here's What They Mean: A Glossary of Legal Terms

You may see words in the court forms that you don’t understand. The court clerks and Magistrates may use words you don’t know. Here are some legal terms, explained in plain English.

Affidavit means a written sworn statement where you say, under oath, that the statement is true. You must sign an affidavit in front of a notary public or an attorney.

Appeal means asking a higher court to review and change the final decision. The deadline is 21 days from when the Judge issued the final order. Generally speaking, the appellate court can review “errors of law” but will not change "findings of fact."

Clerk is the person you go to for court forms. The clerk also files your papers in your court file. The clerk sets the time for conferences and hearings.

Complaint is one of the court forms you file and serve, to start your divorce or parental rights case.

Contested hearing is a formal court hearing, held when the parties do not agree on one or more issues. A Judge or Magistrate hears both parties tell their stories and then makes a decision. You can speak for yourself, bring witnesses, and present documents. Court rules of evidence and procedure will be followed.

Default means that the court gave the moving party what he asked for because the other party did not oppose the motion with a written response. The usual deadline for filing the response is 20 days after the motion is served. If you were served with a motion and you don't want to be defaulted, file your “Opposition to Motion” with the clerk within 20 days. On a Motion to Modify child support, the deadline for filing your objection and hearing request is 30 days. Also, either party can be defaulted for not following the rules or not showing up for court dates. But you still need to file required forms, respond to court notices, and show up for court dates.

Defendant is the person who gets the court papers (including the complaint and summons) from the plaintiff.

Family Law Magistrate: See Magistrates

Fee waiver is granted by the court if you cannot afford the costs. Read more about fee waivers here.

Filing a paper with the court simply means handing it, or mailing it, to the court clerk

Final order is the last step of your case (unless you appeal). This order is where the Judge or Magistrate says in writing what each party's ongoing rights and responsibilities are.

Guardian ad litem, or GAL, is a person appointed by the court to "protect and promote the best interests" of a child. A Court will appoint a GAL when it wants a trained, independent third party to look into child-related issues. The court will specify in a court order what issues the GAL is assigned to investigate. Typically, the GAL interviews the child, the parents, and others involved with the child. Then the GAL reports back to the court about what s/he has learned and what s/he thinks is best for the child. Read more about GAL's.

In forma pauperis means getting the Court to waive your court fees because you can't afford to pay. If you need this, ask the clerk for an "Application to Proceed Without Payment of Fees" and an "Indigency Affidavit." Read More.

Interim Hearing and Order is a procedure to decide emergency issues that can't wait until your case is completed. The court tries to take care of your children’s urgent needs while your cases is pending. Later, a final order will take the place of this order. Read more

Judgment is the final order you got from the court in your original divorce or parental rights case. In a divorce, this is also sometimes called the “divorce decree.”

Law Court is the Maine Supreme Judicial Court, acting as the appellate court. All appeals in family law cases go directly to the Law Court. This Court reviews whether the trial court made any errors of law. It does not hear new evidence or retry the facts of your case.

Magistrates have some, but not all, of the powers of Judges. For example, the Magistrate can order how much child support must be paid. Also, the Magistrate helps you to understand the court process and to move your case along. The Magistrate will hold your first court meeting. Typically, the Magistrate will handle your case from the beginning to the end. However, in some cases, a Judge may take over the final stages of the case.

Marital property is property that either of you got during your marriage (even if it is in your name alone). Generally speaking, property each of you got before you were married, as well as gifts made to you alone during the marriage, are not marital property (i.e. “non-martial property”). Each of you may claim your non-marital property. The divorce order must include how all of your “marital property” is going to be divided. If you have pensions, retirement plans, or other property issues, try to get a lawyer.

Mediator is a person who helps you figure out whether there are issues you can agree upon. The mediator cannot order you to do anything. However, the court requires both parties to make a "good faith" effort to mediate.

Motion is a paper you file with the court, asking the Judge or Magistrate to decide an issue. Begin the motion by copying the heading (court location, names of plaintiff and defendant) from your complaint form. Then substitute "Motion" for "Complaint," to help the clerk identify and file your paper. Then explain what you are asking the court to do, such as waive mediation. Some courts will accept a less formal request. So, if this is too difficult, see if the clerk will accept a letter from you, stating what you are asking the court to do and why. You must mail a copy to the other party. For many types of common motions, the court has forms that you can use. Get interactive forms here.

Mutual children are children the two parties had together. Usually the court will deal with mutual children only. But the Maine courts have started granting parental rights and responsibilities to step-parents in certain cases, where the step-parent has become the "de facto parent," or where future contact is in the best interests of the child. Read more.

Notary public is a person who can be a witness when you sign papers that have to be "sworn to" or "notarized." (See affidavit.) When a court form calls for this, go to your local "notary," a bank or law office, or the court clerk, to find a person who can watch you sign the form.

Objection to Magistrate's Final Order: If you disagree with the Magistrate’s final order in a contested case, you can file written objections. The deadline is 21 days from your final hearing.

Parental Rights and Responsibilities is the term Maine courts use instead of using terms like “custody.” Parental Rights include the right to: 1) make important decisions regarding the child’s welfare, 2) live with the child, and 3) have contact with the child. Responsibilities include a parent’s duty to financially provide for a child. In Maine, if you are not married to the other parent, you file a “parental rights and responsibilities case.” If you are married, you file a divorce. As part of the divorce, the court will address parental rights and responsibilities, as well as property, debt, and spousal support.

Plaintiff is the person who files and serves the court papers to start the case.

Pre-trial or pre-trial conference is when the court will ask you questions, including what issues you have not resolved, how long your court hearing will need to be, and how many witnesses you plan to call.

Primary residence is where a mutual child lives most of the time.

Pro se means doing your own court case without a lawyer.

Public assistance benefits, in the court complaint form, means TANF and MaineCare.

Residence refers to where the children will live. Possible options are "equally shared residence" or "primary residence" (where the children live more of the time).

Serve (or "service") means giving the court papers to the other party. Court rules say how this must be done.

Spousal support or “alimony” is money given to a former spouse to help support them.

Spouse means your husband or wife.

Status conference is a meeting with the magistrate to go over what happened in your case and to outline next steps. Read more.

Subpoena is a paper that orders a person to go to a court hearing to testify.

Summons is one of the court forms you file and serve, to start your divorce or parental rights case. You cannot get this form online. You must buy it from the clerk for $5.00.

Uncontested hearing is the type of hearing you will have at the end of your case if you have agreed on all issues. It is a very short formal court hearing where the Magistrate or Judge asks a few simple questions. The Magistrate or Judge will also review your agreement with you, to make sure everyone understands what the final order will say.