Complaint
Papers filed with a court clerk by the plaintiff to initiate a lawsuit by setting out facts and legal claims (usually called causes of action). In some states and in some types of legal actions, such as divorce, complaints are called petitions and the person filing is called the petitioner. To complete the initial stage of a lawsuit, the plaintiff's complaint must be served on the defendant, who then has the opportunity to respond by filing an answer. In practice, few lawyers prepare complaints from scratch. Instead they use -- and sometimes modify -- pre-drafted complaints widely available in form books.
Common Law Marriage
In some states, a type of marriage in which couples can become legally married by living together for a long period of time, representing themselves as a married couple and intending to be married. Contrary to popular belief, the couple must intend to be married and act as though they are for a common law marriage to take effect -- merely living together for a long time won't do it.
What privileges do I enjoy as a U.S. citizen?
If you are a U.S. citizen, you, you have the right to vote in national, state, and local elections. Besides, you have the right to travel on a U.S. passport under the protection of U.S. government. And you may sponsor relatives, such as your parents, spouse, children, brothers and sisters for permanent resident status in the U.S.
Child Support
The entitlement of all children to be supported by their parents until the children reach the age of majority or become emancipated -- usually by marriage, by entry into the armed forces or by living independently. Many states also impose child support obligations on parents for a year or two beyond this point if the child is a full-time student. If the parents are living separately, they each must still support the children. Typically, the parent who has custody meets his or her support obligation through taking care of the child every day, while the other parent must make payments to the custodial parent on behalf of the child -- usually cash but sometimes other kinds of contributions. When parents divorce, the court almost always orders the non-custodial parent to pay the custodial parent an amount of child support fixed by state law. Sometimes, however, if the parents share physical custody more or less equally, the court will order the higher-income parent to make payments to the lower-income parent.
Best interests (of the child)
The test that courts use when deciding who will take care of a child. For instance, an adoption is allowed only when a court declares it to be in the best interests of the child. Similarly, when asked to decide on custody issues in a divorce case, the judge will base his or her decision on the child's best interests. And the same test is used when judges decide whether a child should be removed from a parent's home because of neglect or abuse. Factors considered by the court in deciding the best interests of a child include:
• age and sex of the child
• mental and physical health of the child
• mental and physical health of the parents
• lifestyle and other social factors of the parents
• emotional ties between the parents and the child
• ability of the parents to provide the child with food, shelter, clothing and medical care
• established living pattern for the child concerning school, home, community and religious institution
• quality of schooling, and
• the child's preference.
Annulment
A court procedure that dissolves a marriage and treats it as if it never happened. Annulments are rare since the advent of no-fault divorce but may be obtained in most states for one of the following reasons: misrepresentation, concealment (for example, of an addiction or criminal record), misunderstanding and refusal to consummate the marriage.
Answer
A defendant's written response to a plaintiff's initial court filing (called a complaint or petition). An answer normally denies some or all facts asserted by the complaint, and sometimes seeks to turn the tables on the plaintiff by making allegations or charges against the plaintiff (called counterclaims). Normally a defendant has 30 days in which to file an answer after being served with the plaintiff's complaint. In some courts, an answer is simply called a "response."
Alimony
The money paid by one ex-spouse to the other for support under the terms of a court order or settlement agreement following a divorce. Except in marriages of long duration (ten years or more) or in the case of an ailing spouse, alimony usually lasts for a set period, with the expectation that the recipient spouse will become self-supporting. Alimony is also called "spousal support" or "maintenance."
Adultery
Consensual sexual relations by a married person with someone other than his or her spouse. In many states, adultery is technically a crime, though people are rarely prosecuted for it. In states that have retained fault grounds for divorce, adultery is always sufficient grounds for a divorce. In addition, some states alter the distribution of property between divorcing spouses in cases of adultery, giving less to the "cheating" spouse.
How long will it take to become naturalized?
The time it takes to be naturalized varies from one local office to another. In 1997, in many places, it took over 2 years to process an application. USCIS continues to improve the naturalization process. As of October 2001, USCIS reported that it takes, on average, between 6 and 9 months to become naturalized.
Who can form a corporation?
Anyone who completes the articles of incorporation and pays the state filing fee can form a corporation. There is no age, residency or other legal requirement.
Abandonment (of a child)
A parent's failure to provide any financial assistance to or communicate with his or her child over a period of time. When this happens, a court may deem the child abandoned by that parent and order that person's parental rights terminated. Abandonment also describes situations in which a child is physically abandoned -- for example, left on a doorstep, delivered to a hospital or put in a trash can. Physically abandoned children are usually placed in orphanages and made available for adoption.
What is a limited liability company?
A limited liability company, or LLC, is an entity created under state laws which has characteristics of both a corporation and a partnership. Like a corporation, the owners of a LLC are not personally liable for the debts of the LLC. Like a partnership and sole proprietorship, an LLC has operating flexibility and is a pass-through entity for tax purposes. This means that the profits of the LLC are passed through and taxable to the owners of the LLC.
In the naturalization process, how long should I reside in the U.S. to become a citizen?
If you are married to a U.S. citizen, you must physically reside in the U.S. at least accumulative eighteen months prior to applying for naturalization. If you are not married to a U.S. citizen, then you must physically reside in the U.S. at least accumulative thirty months prior to applying for naturalization.
What is a corporation?
A corporation is a distinct legal entity created under state laws which can open a bank account, purchase property, enter into contracts and operate a business. One of the most important features of a corporation is that generally, its owners are not personally liable for the debts of the corporation.