At Boehmer Law LLC ,we understand that when you or a loved one is going through a divorce or family law issue, it can be a stressful time. Sometimes it may feel a bit confusing with all the terms and phrases that can be used. With words like “GAL”, “modification”, “petition”, “motion,” or “Form 14” being thrown around, it can be confusing, and maybe a little intimidating. Just in case you do not already know, here is some information that may help you out.
GAL: (Guardian ad Litem) In some Missouri family court cases, it is necessary for the Court to appoint a guardian ad litem. A GAL is usually an attorney and can be appointed in divorce, paternity and custody modification cases to represent the best interests of the children involved in the domestic matter.
Petitioner: The person who files the divorce or modification petition.
Respondent: The person on the receiving end of the divorce or modification petition.
Answer: The response filed by the respondent to the petition. Much of what is in the petition is not controversial (names, addresses, etc.), so those allegations will be admitted. If the respondent doesn’t agree with any allegation, then that allegation is denied.
Petition: The document that gets the legal process started. The petition sets out certain basic facts—where you live, the date you got married, if you have kids (or not), if you work outside the home, etc.—and then states that the marriage is “irretrievably broken.” Those last two words are required. Each factual declaration in the petition is referred to as an “allegation.”
Motion: Any request made to the court after a petition is filed.
PDL Motion: (Pendente Lite), essentially means while the divorce is pending. A PDL motion is a request for the court to enter orders that are in affect while the case is pending. The PDL motion can address issues such as parenting (child custody), child support, maintenance, attorneys’ fees, and/or protective orders (to protect assets or individuals). If the court grants any of these requests, the result can be referred to as a “PDL judgment” or “PDL order.”
Hearing: A proceeding before a judge. Sometimes these are “testimonial” hearings, in which evidence and testimony are presented. In other cases they are “non-testimony” motions, when lawyers argue issues before a judge but no witnesses appear. Judges issue orders following these hearings.
Form 14: Missouri’s mechanism for determining the amount of child support to be paid is a chart with calculations imbedded within it. It is based upon several factors, including both parties’ incomes, the cost of medical insurance, and the parenting schedule.
These are just a few of the terms that divorce lawyers use frequently. If your lawyer uses any words that you don’t understand, do not be afraid to ask what they mean and how they affect your case.
Please contact the St. Charles, Missouri divorce lawyers and Missouri family law attorneys of Boehmer Law LLC with your divorce and family law questions. Your first consultation visit is free so call 636-896-4020 to set an appointment.
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