Glossary of Family Law Terms
Glossary of Family Law Terms
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Bailiff: The court attendant in charge of
maintaining order in the courtroom.
Bankruptcy: A legal proceeding in which a
person who is financially insolvent requests the federal
bankruptcy court to determine his or her debts and use his or her
assets to pay those debts. Property in bankruptcy usually is
administered for the benefit of the bankrupt person's creditors.
Some forms of bankruptcy seek to discharge all debt if there are
no assets to distribute to the creditors. Child support
obligations cannot be discharged by bankruptcy.
Bench Warrant: An order issued by a court
for the arrest of a person who has failed to appear in court as
ordered. A bench warrant can also be issued for a witness who has
failed to appear in response to a subpoena.
Beneficiary: Person named in a document,
such as a will or insurance policy that receives a benefit.
Best Interest of the Child: A discretionary
legal standard that pertains to support, visitation and custody.
Bigamy: A criminal offense committed when
one spouse enters a marriage when the previous marriage has not
been terminated.
Bill of Particulars: The formal title for
information attached to a complaint or petition.
Biological Parent: A parent by blood.
Blood Test: The process by which blood is
drawn from a child and its parents and tested to determine
biological parentage. It involves genetic HLA and DNA testing.
Bona Fide: Truthfully, honestly and without
deceit.
Brief: A document presented to the court
outlining one side's position.
Burden of Proof: One spouse must prove to
the court any claims made against the opposing spouse. The claims
must be supported with sufficient evidence.
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