815 Orienta Ave. Suite 1030 Altamonte Springs, FL 32701

Family Law 101: Words that You Should Know Before You File Your Lawsuit

Family Law 101: Words that You Should Know Before You File Your Lawsuit

Family Law 101: Words that You Should Know Before You File Your Lawsuit

Have you recently filed for divorce?  Are you about to file to get the alimony you deserve?  Although your relationship may be over, the legal process is just beginning, and this brings about many questions, concerns, or even worries.  If you have acquired property together, like your house, pensions, bank accounts, and debts, you will want to hire a family law practice in Altamonte Springs to work with you to ensure you make the best choices for your interests.  Before you get started with your family law case, there are a few terms that you'll want to become familiar with to help you better understand the entire process.

Plaintiff

The person suing for a divorce is the plaintiff. When you file the divorce, you are considered to be the plaintiff in the case.

Defendant

On the other hand, the defendant is the individual (either the husband or wife) divorced by the plaintiff. In the divorce case, the defendant will be served with papers.

Torts and Intentional Torts

In court, torts refer to wrongful actions that are not considered a crime or a violation of a contract but have still resulted in injury. If a tort ends up being intentional, this can result in the defendant facing criminal and civil charges. In a divorce case, the torts' claim will be dissipation of marital properties, a personal injury resulting from domestic violence, physical assault and battery, breach of duty, and intentional emotional distress.

Damages

Damages refer to the compensation that the plaintiff is seeking in the case. When you file as the plaintiff in your divorce case, the damages you will claim can be monetary compensation.  They may also be assets, like homes, property, or other items that you've acquired over the course of your marriage.

Statute of Limitations

Whenever you are considering filing a divorce case, you will want to understand the statute of limitations. The term refers to the amount of time you have to file your lawsuit.  Be sure that you begin your case within the statute of limitations so that your legal team can actually work to defend you and get you the settlement you deserve.

Negligence

Divorce claims may also be filed due to someone else's negligence. In this case, understanding this term is essential in knowing how to prove it. To prove negligence, you must show that the other party had a responsibility to act with care and caution but failed to do so. When another party is deemed to be negligent, you may end up receiving more benefits from your divorce settlement and future financial status.  

These are some of the legal terms that you'll want to know to understand better the process of filing your divorce. Whenever you want to file the divorce, you will want to have the best attorney in your corner.  Contact our family law practice in Altamonte Springs to schedule a consultation with our experienced attorneys today.