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LEGAL TERMS

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.'

CONFINEMENT IN PRISON

In most states with fault divorce, grounds for a spouse not in prison to obtain a fault divorce if the other spouse has been imprisoned for a certain number of ... (more...)
In most states with fault divorce, grounds for a spouse not in prison to obtain a fault divorce if the other spouse has been imprisoned for a certain number of years.

PHYSICAL CUSTODY

The right and obligation of a parent to have his child live with him. Compare legal custody.

MARRIAGE

The legal union of two people. Once a couple is married, their rights and responsibilities toward one another concerning property and support are defined by the... (more...)
The legal union of two people. Once a couple is married, their rights and responsibilities toward one another concerning property and support are defined by the laws of the state in which they live. A marriage can only be terminated by a court granting a divorce or annulment. Compare common law marriage.

SEPARATE PROPERTY

In community property states, property owned and controlled entirely by one spouse in a marriage. At divorce, separate property is not divided under the state's... (more...)
In community property states, property owned and controlled entirely by one spouse in a marriage. At divorce, separate property is not divided under the state's property division laws, but is kept by the spouse who owns it. Separate property includes all property that a spouse obtained before marriage, through inheritance or as a gift. It also includes any property that is traceable to separate property -- for example, cash from the sale of a vintage car owned by one spouse before marriage-and any property that the spouses agree is separate property. Compare community property and equitable distribution.

DEPENDENTS BENEFITS

A type of Social Security benefit available to spouses and minor or disabled children of retired or disabled workers who qualify for either retirement or disabi... (more...)
A type of Social Security benefit available to spouses and minor or disabled children of retired or disabled workers who qualify for either retirement or disability benefits under the program's rigorous qualification guidelines.

DILUTION

A situation in which a famous trademark or service mark is used in a context in which the mark's reputation for quality is tarnished or its distinction is blurr... (more...)
A situation in which a famous trademark or service mark is used in a context in which the mark's reputation for quality is tarnished or its distinction is blurred. In this case, trademark infringement exists even though there is no likelihood of customer confusion, which is usually required in cases of trademark infringement. For example, the use of the word Candyland for a pornographic site on the Internet was ruled to dilute the reputation of the Candyland mark for the well-known children's game, even though the traditional basis for trademark infringement (probable customer confusion) wasn't an issue.

INTERLOCUTORY DECREE

A court judgment that is not final until the judge decides other matters in the case or until enough time has passed to see if the interim decision is working. ... (more...)
A court judgment that is not final until the judge decides other matters in the case or until enough time has passed to see if the interim decision is working. In the past, interlocutory decrees were most often used in divorces. The terms of the divorce were set out in an interlocutory decree, which would become final only after a waiting period. The purpose of the waiting period was to allow the couple time to reconcile. They rarely did, however, so most states no longer use interlocutory decrees of divorce.

SURVIVORS BENEFITS

An amount of money available to the surviving spouse and minor or disabled children of a deceased worker who qualified for Social Security retirement or disabil... (more...)
An amount of money available to the surviving spouse and minor or disabled children of a deceased worker who qualified for Social Security retirement or disability benefits.

SAMPLE LEGAL CASES

Herpich v. Estate of Herpich

... As part of the divorce proceedings, they executed a marital settlement agreement dividing all their marital assets. Six months after the divorce was final, Appellant and Mr. Herpich remarried. Mr. Herpich died intestate two years later, while still married to Appellant. ...

Jones v. Jones

... Since the divorce, they have maintained joint custody over their daughter. ... During the hearing, Ms. Jones first recounted an incident in 2005, prior to the Joneses' divorce, in which Mr. Jones had pushed Ms. Jones and hit a tray on which she was carrying a sandwich. ...

Taylor v. Taylor

... 3. In the event of a separation or divorce, the parties shall have no right against each other by way of claims for support, alimony, maintenance, compensation or division of property existing of this date. 4. In the event of separation ...