Difference between revisions of "Terminology"

;service, affidavit of:A legal document required by the rules of court in which a person who as personally served someone described the circumstances in which the person was served. This may be essential to prove personal service, particularly if the serving party intends to seek a default judgment, as is usually the case in a desk order divorce. See "default judgment" and "personal service".

;service, substituted:Personal service performed in a way other than required by the rules of court, as may be authorized by the court. If a Respondent cannot be served for some reason, such as if he or she is hiding or refusing service, the court may permit a Claimant to serve the other party "substitutionally" by means including an ad in the legal notices section of a newspaper's classified ads or posting the document in the court registry. See "personal service".

;settlement:A resolution of one or more matters at issue in court proceeding or in a legal dispute with the agreement of the parties to the proceeding or dispute, usually recorded in a written agreement or in an order that all parties agree the court should make. A court proceeding can be settlement at any time before the trial. See "action", "consent order", "family law agreements" and "offer".

;sine die:A Latin phrase meaning "without a day". An application adjourned ''sine die'' has been adjourned without a specific date being set for the hearing, often in the expectation that it will never need to be set for hearing. See "adjournment" and "application".

;Spousal Support Advisory Guidelines:An academic paper released by the Department of Justice that describes a variety of mathematic formulas that can be applied to determine how much spousal support should be paid and how long spousal support should be paid for, once a spouse is found to be entitled to receive support. The Advisory Guidelines is not a law.

;spouse:Under the ''Divorce Act'', either of two people who are married to one another, whether of the same or opposite genders. Under the ''Family Law Act'', married spouses, unmarried parties who have lived together in a marriage-like relationship for at least two years, and, for all purposes of the act other than the division of property or debt, unmarried parties who have lived together for less than two years but have had a child together. See "marriage" and "marriage-like relationship".

;statute: An act; legislation; a written law made by a government.

;statutory declaration:A written statement made on affirmation or oath pursuant to the requirements of a particular piece of legislation. See "act", "affidavit", "affirm" and "oath".