Legal Definitions
Understanding common legal terms can make the process less intimidating. Use this glossary as a reference as you navigate your legal matter.
- Annulment
- A legal declaration that a marriage was never valid. Unlike divorce, an annulment treats the marriage as though it never existed. Grounds for annulment include fraud, bigamy, or incapacity at the time of marriage.
- Child Custody
- The legal arrangement determining where a child lives and who makes decisions about their upbringing. Legal custody refers to decision-making authority; physical custody refers to where the child resides. Both can be sole or joint.
- Child Support
- Court-ordered financial payments made by one parent to the other to help cover a child's living expenses. The amount is calculated using California's guideline formula, which considers each parent's income and the amount of time each parent spends with the child.
- Civil Lawsuit
- A legal dispute between two or more parties seeking money damages or specific performance rather than criminal penalties. Common civil cases include breach of contract, personal injury, and property disputes.
- Conservatorship
- A court-supervised arrangement in which a person (the conservator) is appointed to manage the personal care or finances of an adult who is unable to care for themselves due to age, illness, or disability.
- Corporation
- A legal entity separate from its owners (shareholders) that can enter contracts, own property, and be held liable. Corporations offer limited liability protection to their owners and are governed by a board of directors.
- Dissolution of Marriage
- The legal term for divorce in California. A dissolution legally ends a marriage and addresses division of property, spousal support, child custody, and child support. California is a no-fault state, meaning neither party needs to prove wrongdoing.
- Expungement
- A court order that seals or erases a criminal conviction from a person's record. In California, an expungement allows a person to legally state they have not been convicted of the expunged offense in most circumstances.
- Guardianship
- A legal relationship in which a court appoints a person (the guardian) to care for a minor child or an incapacitated adult. A guardian of the person manages day-to-day care; a guardian of the estate manages finances.
- Legal Document Assistant (LDA)
- A registered, bonded professional authorized under California law to prepare legal documents for self-represented individuals. An LDA is not an attorney and cannot provide legal advice, but can assist with document preparation at a fraction of attorney fees.
- Legal Separation
- A court-recognized arrangement in which a married couple lives apart and divides assets and responsibilities without legally ending the marriage. Couples may choose legal separation for religious, financial, or insurance reasons.
- Living Trust
- A legal document that places your assets into a trust during your lifetime and transfers them to your beneficiaries upon your death — without going through probate. A revocable living trust can be changed or revoked at any time while you are alive.
- Marital Settlement Agreement
- A written contract between divorcing spouses that outlines how they will divide property, debts, and responsibilities including child custody and support. Once signed and approved by the court, it becomes a legally binding court order.
- Name Change
- A court-ordered legal process to officially change a person's name. In California, a name change petition is filed with the Superior Court and, once granted, allows the person to update all government-issued identification.
- Power of Attorney
- A legal document authorizing one person (the agent) to act on behalf of another (the principal) in financial, legal, or medical matters. A durable power of attorney remains in effect if the principal becomes incapacitated.
- Probate
- The court-supervised process of distributing a deceased person's estate. If the deceased had a will, probate validates it and oversees distribution. Without a will, the estate is distributed according to California's intestate succession laws.
- Property Deed
- A legal document that transfers ownership of real property from one party to another. Common types include grant deeds, quitclaim deeds, and trust transfer deeds. Recording the deed with the county makes the transfer official.
- QDRO (Qualified Domestic Relations Order)
- A court order that divides a retirement account between divorcing spouses without triggering early withdrawal penalties or taxes. A QDRO is required to transfer funds from 401(k)s, pensions, and other qualified retirement plans.
- Small Claims Court
- A division of the California Superior Court that handles disputes involving smaller amounts of money — currently up to $12,500 for individuals. The process is designed to be simple and affordable, with no attorneys allowed to represent parties at the hearing.
- Spousal Support
- Also known as alimony, spousal support is court-ordered financial assistance paid by one spouse to the other after separation or divorce. The amount and duration depend on factors such as the length of the marriage and each spouse's earning capacity.
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