Viola Family Law Lawyer, Idaho
Includes: Collaborative Law, Domestic Violence & Neglect, Paternity, Prenuptial Agreements
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LEGAL TERMS
SPOUSAL SUPPORT
See alimony.
DISSOLUTION
A term used instead of divorce in some states.
BRIEF
A document used to submit a legal contention or argument to a court. A brief typically sets out the facts of the case and a party's argument as to why she shoul... (more...)
A document used to submit a legal contention or argument to a court. A brief typically sets out the facts of the case and a party's argument as to why she should prevail. These arguments must be supported by legal authority and precedent, such as statutes, regulations and previous court decisions. Although it is usually possible to submit a brief to a trial court (called a trial brief), briefs are most commonly used as a central part of the appeal process (an appellate brief). But don't be fooled by the name -- briefs are usually anything but brief, as pointed out by writer Franz Kafka, who defined a lawyer as 'a person who writes a 10,000 word decision and calls it a brief.'
PREMARITAL AGREEMENT
An agreement made by a couple before marriage that controls certain aspects of their relationship, usually the management and ownership of property, and sometim... (more...)
An agreement made by a couple before marriage that controls certain aspects of their relationship, usually the management and ownership of property, and sometimes whether alimony will be paid if the couple later divorces. Courts usually honor premarital agreements unless one person shows that the agreement was likely to promote divorce, was written with the intention of divorcing or was entered into unfairly. A premarital agreement may also be known as a 'prenuptial agreement.'
MISREPRESENTATION
A lie by one spouse before marriage that provides grounds for an annulment. For example, if a spouse failed to mention that he was still married or was incapabl... (more...)
A lie by one spouse before marriage that provides grounds for an annulment. For example, if a spouse failed to mention that he was still married or was incapable of having children, he has misrepresented himself.
UNCONTESTED DIVORCE
A divorce automatically granted by a court when the spouse who is served with a summons and complaint for divorce fails to file a formal response with the court... (more...)
A divorce automatically granted by a court when the spouse who is served with a summons and complaint for divorce fails to file a formal response with the court. Many divorces proceed this way when the spouses have worked everything out and there's no reason for both to go to court -- and pay the court costs.
ACCOMPANYING RELATIVE
An immediate family member of someone who immigrates to the United States. In most cases, a person who is eligible to receive some type of visa or green card ca... (more...)
An immediate family member of someone who immigrates to the United States. In most cases, a person who is eligible to receive some type of visa or green card can also obtain green cards or similar visas for accompanying relatives. Accompanying relatives include spouses and unmarried children under the age of 21.
PETITION (IMMIGRATION)
A formal request for a green card or a specific nonimmigrant (temporary) visa. In many cases, the petition must be filed by someone sponsoring the immigrant, su... (more...)
A formal request for a green card or a specific nonimmigrant (temporary) visa. In many cases, the petition must be filed by someone sponsoring the immigrant, such as a family member or employer. After the petition is approved, the immigrant may submit the actual visa or green card application.
SHARED CUSTODY
See joint custody.
SAMPLE LEGAL CASES
State v. Payne
... For instance, in IC § 41-1325, "`immediate family member' means a parent, mother-in-law,
father-in-law, husband, wife, sister, brother, brother-in-law, sister-in-law, son-in-law,
daughter-in-law, or a son or daughter." IC § 41-1325(2). Likewise, in IC § 44-1601, "`[i]mmediate ...
Dawson v. Cheyovich Family Trust
... purchase price of the property was $60,000, with Dawson contributing $30,000, Jack Lee McClean
contributing $15,000, and the Cheyovich Family Trust contributing ... The interpretation of the Idaho
Rules of Civil Procedure is a matter of law over which this Court has free review. ...
Anderson v. Rex Hayes Family Trust
... Neider v. Shaw, 138 Idaho 503, 506, 65 P.3d 525, 528 (2003). This Court exercises free review
over questions of law. Id. III. ANALYSIS. ... Russ Ballard & Family Achievement Inst. v. Lava Hot
Springs Resort, Inc., 97 Idaho 572, 579, 548 P.2d 72, 79 (1976). ...
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