Legal documents often contain words and phrases that are unfamiliar to people representing themselves. Court forms, filing instructions, and judicial procedures frequently use legal terminology that can make the process feel more complicated than it needs to be. Learning the meaning of these terms can make it easier to understand your paperwork and communicate more confidently throughout your case.
This glossary explains many of the legal terms commonly used in California family law and civil court proceedings. The definitions are written in plain language to help you better understand the document preparation process. They are provided for general educational purposes only and should not be interpreted as legal advice.
Select a letter below or scroll through the glossary to find definitions of common legal terms used in California family law and civil court proceedings.
An affidavit is a written statement of facts that is signed under oath. Although California courts more commonly use declarations signed under penalty of perjury instead of affidavits, the term is still frequently used in legal discussions and documents.
Affidavits and declarations serve a similar purpose by allowing an individual to present factual information to the court in writing. The information provided should be truthful, accurate, and based on the person’s own knowledge.
An appearance refers to a party’s participation in a court case. A person may appear by filing responsive documents with the court, attending hearings, or otherwise participating in the legal proceedings.
Making an appearance does not necessarily mean physically appearing in court. In many situations, filing the appropriate paperwork is considered an appearance under California court procedures.
A case number is the unique identification number assigned by the court when a new legal matter is filed. This number appears on nearly every document submitted during the case and allows the court to organize and track all filings associated with that matter.
Including the correct case number on court documents is essential because it ensures paperwork is filed in the proper case.
Child custody refers to the legal rights and responsibilities regarding the care and upbringing of a child. California courts generally distinguish between legal custody, which involves decision-making authority, and physical custody, which relates to where the child primarily lives.
Custody decisions are based on the child’s best interests. Existing custody orders may later be modified if circumstances change and the court determines a modification is appropriate.
Related service: Child Custody Modification.
Child support is financial assistance paid by one parent to help provide for a child’s needs. California uses statewide guideline calculations that consider factors such as parental income, parenting time, and other financial information when determining support obligations.
Existing child support orders do not change automatically when circumstances change. A parent generally must request a modification through the court before support obligations are adjusted.
Related service: Child Support Modification.
A civil complaint is the document that begins most civil lawsuits. It identifies the parties involved, explains the factual basis of the claim, and asks the court to provide specific legal relief.
Preparing a complete and properly formatted complaint is an important first step in many civil cases because it establishes the issues that will be addressed during the litigation.
Related service: Civil Lawsuit Document Preparation.
California is a community property state. In general, property and debts acquired by either spouse during the marriage are presumed to belong equally to both spouses unless an exception applies under California law.
Community property issues frequently arise during divorce proceedings because assets and debts must generally be identified, disclosed, and divided before a final judgment can be entered.
A contested divorce occurs when spouses cannot reach agreement on one or more significant issues, such as child custody, support, property division, or spousal support. These disagreements often require additional court proceedings before the case can be resolved.
Contested divorces are generally more complex than uncontested divorces and may require legal representation depending on the circumstances.
A court order is a written decision issued by a judge that establishes legal obligations or resolves specific issues within a case. Court orders remain legally enforceable until they expire, are modified, or are replaced by a subsequent court order.
Failure to comply with a court order may have legal consequences.
A declaration is a written statement signed under penalty of perjury that provides factual information to the court. Declarations are widely used in California family law and civil proceedings instead of traditional affidavits.
Declarations often accompany motions, Requests for Order, and other filings that require supporting factual information.
A default occurs when one party fails to respond or otherwise participate in a legal proceeding within the time allowed by law. If the necessary requirements are satisfied, the court may proceed without that party’s participation.
Default procedures vary depending on the type of case and the applicable California court rules.
A default judgment is a court judgment entered after one party fails to respond or appear as required. Once entered, a default judgment may establish legal rights and obligations unless the court later grants relief from the judgment under applicable procedures.
Individuals who discover a default judgment has been entered against them should act promptly to understand their available procedural options.
Discovery is the formal process through which parties obtain information and evidence from one another during a civil lawsuit. Discovery may include written questions, requests for documents, requests for admissions, and depositions.
The discovery process allows each side to gather relevant information before trial and plays an important role in evaluating claims, defenses, and potential settlement opportunities.
Related service: Discovery Package Preparation.
Dissolution of marriage is the legal term used in California for divorce. A judgment of dissolution formally ends the legal marriage after all required procedures have been completed and the court enters a final judgment.
California law establishes residency requirements, mandatory waiting periods, financial disclosure obligations, and other procedural requirements before a dissolution of marriage can be finalized.
Family law is the area of law that addresses legal matters involving families and domestic relationships. California family law includes divorce, legal separation, child custody, visitation, child support, spousal support, parentage, and related court proceedings.
Family law cases often involve multiple court forms, financial disclosures, and procedural requirements. While many matters can be resolved cooperatively, others may require hearings before a judge if the parties cannot reach an agreement.
A fee waiver is a request asking the court to excuse filing fees because a person cannot afford to pay them. California courts review fee waiver applications based on financial information provided by the applicant.
Approval is not automatic. The court will determine whether the applicant qualifies under California’s fee waiver guidelines after reviewing the submitted forms.
Filing is the process of submitting completed legal documents to the court so they become part of the official case record. Most filings require specific forms, proper formatting, payment of applicable filing fees, or an approved fee waiver.
Court clerks review submitted documents for compliance with filing requirements before accepting them into the case.
Financial disclosures are documents exchanged between parties in most California divorce proceedings that provide information about income, expenses, assets, and debts. These disclosures promote transparency by allowing each party to understand the financial circumstances involved in the case.
California courts generally require complete financial disclosures before a divorce can be finalized, even when both spouses agree on all issues.
A hearing is a scheduled court proceeding during which a judge considers specific issues in a case. Depending on the type of hearing, the court may review written documents, hear testimony, consider legal arguments, or issue temporary or final orders.
Not every case requires multiple hearings. Many uncontested matters involve few or no appearances before a judge.
An Income and Expense Declaration is a Judicial Council form that provides detailed financial information to the court. It is commonly required in cases involving child support, spousal support, attorney’s fees, or other financial issues.
The form typically includes information regarding employment, monthly income, living expenses, assets, debts, and other financial obligations. Accurate financial information helps the court evaluate requests involving support or other monetary issues.
A judgment is the court’s final written decision resolving some or all issues in a legal case. Once entered, the judgment establishes the legal rights and obligations of the parties unless it is later modified, appealed, or set aside according to California law.
In divorce cases, the judgment formally dissolves the marriage and addresses issues such as property division, custody, child support, and spousal support when applicable.
Judicial Council forms are the standardized legal forms approved for use throughout California courts. Most family law and many civil proceedings require these official forms to ensure consistency across the state’s court system.
California periodically updates these forms. Using the most current version helps reduce the risk of filing delays caused by outdated paperwork.
Jurisdiction refers to a court’s legal authority to hear and decide a particular case. Jurisdiction depends on factors such as the type of legal matter, where the parties live, where events occurred, and other requirements established by California law.
A court must have proper jurisdiction before it can issue legally enforceable orders.
Legal custody refers to a parent’s authority to make important decisions regarding a child’s health care, education, welfare, and other significant matters. Parents may share legal custody jointly, or one parent may receive sole legal custody depending on the circumstances.
Legal custody is different from physical custody, which concerns where the child lives.
A Legal Document Assistant (LDA) is a professional authorized under California law to prepare legal documents for self-represented individuals at the client’s specific direction. An LDA may assist with completing court forms, organizing legal paperwork, and providing procedural information permitted by law.
An LDA is not an attorney and cannot provide legal advice, recommend legal strategies, represent clients in court, or choose legal options on behalf of a client. Clients remain responsible for making their own legal decisions while the LDA prepares documents based on the information and instructions they provide.
Legal Document Assistants are often a cost-effective option for uncontested or cooperative legal matters where professional document preparation is needed but legal representation is not.
Related page: About Superior Court Docs.
A Marital Settlement Agreement (MSA) is a written contract between spouses that sets out the terms of their divorce settlement. It commonly addresses issues such as property division, debt allocation, spousal support, child custody, child support, and any other matters the parties have agreed upon.
When both spouses reach a complete agreement, a properly prepared Marital Settlement Agreement can simplify the divorce process by clearly documenting the terms that will be presented to the court.
Related service: Marital Settlement Agreement.
Mediation is a process in which a neutral third party helps individuals discuss disputed issues and work toward a voluntary agreement. The mediator does not make decisions for the parties or provide legal advice.
In California family law cases, mediation is commonly required before certain child custody disputes are heard by the court. If an agreement is reached, the terms may later be incorporated into a court order.
A motion is a written request asking the court to make a decision or issue an order regarding a specific issue in a pending case. Motions may address procedural matters, requests for relief, scheduling issues, or other questions that arise before a case is concluded.
Many motions require supporting declarations, notice to the other party, and compliance with California court rules before the court will consider the request.
A parenting plan outlines how parents will share responsibilities for their child after separation or divorce. Parenting plans often address custody arrangements, visitation schedules, holiday schedules, transportation, communication, and other matters affecting the child’s daily life.
A clear parenting plan can reduce misunderstandings and provide consistency for both parents and children.
The petitioner is the individual who begins a legal case by filing the initial documents with the court. In a California divorce, the petitioner files the Petition for Dissolution of Marriage.
Being the petitioner does not provide any automatic advantage in the outcome of the case. Both parties have equal opportunities to present their positions to the court.
Physical custody refers to where a child lives and how parenting time is shared between parents. Physical custody may be joint, allowing the child to spend substantial time with both parents, or sole, where the child primarily resides with one parent.
California courts determine physical custody based on the child’s best interests.
A pleading is a formal legal document filed with the court that states a party’s claims, defenses, or requests for relief. Complaints, petitions, answers, and certain responses are common examples of pleadings.
Pleadings establish the issues that will be addressed during a legal case and become part of the official court record.
A process server is an individual who delivers legal documents to another party in accordance with California service requirements. Proper service helps ensure that all parties receive notice of legal proceedings and have an opportunity to respond.
Different types of cases may have different service requirements, so following the applicable rules is an important part of the filing process.
A Proof of Service is a document confirming that legal papers were delivered to another party in the manner required by law. It identifies who served the documents, when service occurred, and how the documents were delivered.
California courts generally require a properly completed Proof of Service before many proceedings can move forward.
Property division is the process of determining how assets and debts will be allocated between spouses during a divorce. California community property laws generally govern how property acquired during the marriage is divided, although the specific outcome depends on the facts of each case and any agreements reached by the parties.
Proper documentation of property division helps ensure the final judgment accurately reflects the agreed-upon or court-ordered terms.
A Request for Order is a court filing used to ask a judge to make or modify orders in an existing family law case. Requests for Orders are commonly used for matters involving child custody, child support, spousal support, attorney’s fees, and other post-filing issues.
Most Requests for Order require supporting declarations, financial documents when appropriate, and proper service before the hearing date.
Related services: Child Support Modification, Child Custody Modification, and Spousal Support Modification.
The respondent is the individual who receives the initial legal documents after a case has been filed. In a California divorce, the respondent has the opportunity to file a Response and participate fully in the proceedings.
Like the petitioner, the respondent has the right to present information, request relief, and participate in resolving the issues before the court.
A self-represented litigant is an individual who handles their own legal case without hiring an attorney. California courts provide self-help resources to assist self-represented individuals, but each person remains responsible for understanding court procedures, meeting deadlines, and filing complete and accurate paperwork.
Many self-represented litigants choose to work with a Legal Document Assistant to help prepare court documents while remaining in control of their case.
Service of process is the formal delivery of legal documents to another party in accordance with California law. Proper service ensures each party receives notice of the legal proceedings and has an opportunity to respond.
Different types of legal matters have different service requirements. Failing to complete service correctly may delay a case or require documents to be served again.
A settlement is an agreement reached between the parties that resolves some or all issues in a legal case without requiring the court to decide those issues after a contested hearing or trial.
Settlements often save time, reduce legal expenses, and allow the parties to maintain greater control over the outcome of their case.
Small claims court is a division of the California court system that allows individuals and businesses to resolve qualifying monetary disputes using simplified procedures. Small claims cases generally involve lower dollar amounts and are designed to be more accessible than traditional civil litigation.
Although the process is simplified, parties must still prepare and file the required court documents correctly.
Spousal support, sometimes referred to as alimony, is financial support that one spouse may be ordered to pay the other following separation or divorce. The amount and duration of support depend on California law and the specific circumstances of each case.
Existing spousal support orders generally remain in effect until modified by the court or otherwise terminated according to law.
Related service: Spousal Support Modification.
A status conference is a court hearing used to review the progress of a case. The judge may discuss scheduling, outstanding issues, deadlines, settlement efforts, or other matters affecting the management of the case.
Status conferences do not necessarily determine the final outcome of a case but help ensure it continues moving through the court process.
A stipulation is a written agreement between the parties concerning one or more issues in a legal case. After approval by the court when required, a stipulation may become part of an enforceable court order.
Stipulations often help simplify proceedings by resolving issues without the need for contested hearings.
Summary dissolution is a simplified divorce procedure available to qualifying California couples who meet specific eligibility requirements established by state law. Requirements generally relate to the length of the marriage, property ownership, debts, children, and other statutory criteria.
Not every couple qualifies for summary dissolution. Reviewing the eligibility requirements before beginning the process helps determine whether this simplified procedure is available.
Related service: Summary Dissolution.
A Summons is an official court document that notifies the responding party that a legal action has been filed. In California divorce cases, the Summons accompanies the Petition for Dissolution and explains certain legal rights, responsibilities, and automatic restraining orders that apply during the case.
Proper service of the Summons is an important step in beginning many legal proceedings.
A trial is a formal court proceeding in which a judge, and sometimes a jury, hears evidence and makes decisions regarding disputed legal issues. Trials generally occur only after earlier efforts to resolve the case have been unsuccessful.
Many family law matters are resolved before trial through agreements, settlements, or stipulated court orders.
An uncontested divorce is a divorce in which both spouses generally agree on all major issues, including property division, child custody, child support, and spousal support if applicable. Because there are fewer disputed issues, uncontested divorces are often completed more efficiently than contested cases.
Even in an uncontested divorce, California courts still require properly prepared paperwork and compliance with all applicable filing procedures.
Related services: Divorce Without Children and Divorce With Children.
Venue refers to the proper court or geographic location where a legal case should be filed. California law establishes venue requirements based on factors such as the type of case and the residence of the parties.
Filing a case in the proper venue helps ensure it is heard by the appropriate court.
Visitation refers to the schedule that allows a parent to spend time with a child when the child primarily resides with the other parent. California courts encourage parenting arrangements that serve the child’s best interests while considering the circumstances of each family.
Visitation schedules may be modified later if circumstances change and the court determines a modification is appropriate.
The petitioner is the person who starts a legal case by filing the initial paperwork with the court. The respondent is the person who receives the filed documents and has the opportunity to respond. Both parties have the same opportunity to participate throughout the case.
Legal custody concerns a parent’s authority to make important decisions regarding a child’s education, healthcare, and welfare. Physical custody concerns where the child lives and how parenting time is shared.
Community property generally refers to assets and debts acquired during a marriage that are presumed to belong equally to both spouses under California law, unless an exception applies.
A Request for Order is a court filing used to ask a judge to make or modify orders in an existing family law case. It is commonly used for matters involving child custody, child support, and spousal support.
Service of process is the legal procedure for delivering court documents to another party. Proper service helps ensure all parties receive notice of the legal proceedings and allows the case to move forward according to California court rules.
Yes. A Legal Document Assistant may explain general legal terminology and court procedures. However, an LDA cannot provide legal advice, recommend legal strategies, or interpret how the law applies to a particular situation.
California Judicial Council forms help standardize court filings throughout the state. Using official forms promotes consistency and allows courts to process cases more efficiently.
This glossary is provided for general educational purposes only. Superior Court Docs is a California Legal Document Assistant (LDA) service and is not a law firm. We prepare legal documents and provide self-help services at the specific direction of our clients but cannot provide legal advice, represent clients in court, or recommend legal strategies.
If you need legal advice regarding your rights, obligations, or the legal options available in your particular situation, you should consult a licensed California attorney.
Understanding legal terminology is an important first step, but preparing court documents requires careful attention to California court procedures and filing requirements. Superior Court Docs assists individuals throughout Los Angeles County by preparing court-ready legal documents for divorce, family law matters, civil lawsuits, and other self-help legal proceedings.
If you’re ready to move forward with your case, contact Superior Court Docs to learn how our Legal Document Assistant services can help you prepare accurate legal documents while remaining in control of your case.
