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Johnston, Root & Leibenguth P.C.

Family Law Glossary

Petitioner: Person who originally files for divorce
Respondent: Opposite party. Oregon law requires a response to the petitioner's filing within 30 days.
Discovery: A legal process that provides divorce information as a part of every court case. Each side may ask the other questions and request documents that have anything relevant to the case.
Litigation: To engage in legal proceedings. This encompasses the entire process of a divorce.
Mediation: An increasingly popular alternative to going to court, this process allows for a non-biased third party to help guide a couple through the divorce process. The mediator will provide reasonable solutions and help everyone involved work towards an amicable agreement.
Paternity: The legal action taken by the court to determine the rights of a child born out of wedlock.
Restraining order: Protection order that legally requires your spouse to stay away.
Retainer: An agreed upon fee(s) between lawyer and client to work on a case
Appeal: If someone disagrees with a ruling, or feels cheated they may ask a higher court to review a judge's decision in hopes of a more favorable one.
Divorce by default: A provision in the law that allows for judgment against a party who can not be found or refuses to take part in the legal process.

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