The next few series of posts will define some of the most common terms that you will hear when going through with a Memphis divorce or in speaking with a Memphis divorce attorney.

1.  
   1. Complaint - The pleading used to commence a divorce action that is filed with the court clerk.
   2. Petition - Same as a complaint. In Memphis courts we generally use the term petition.
   3. Plaintiff or Petitioner - The person who files the complaint. May be called Petitioner if a petition is used instead of a complaint.
   4. Defendant or Respondent - The person who the complaint is filed against. This person is usually required to answer the complaint within a certain number of days, or file a waiver to the complaint. After the complaint is field, the defendant is usually served with a copy of the complaint and a summons directing the defendant to answer the complaint.
   5. Summons - This is a document signed by the Court Clerk and served on the defendant. It informs the defendant that a complaint has been filed and directs the defendant to file an answer within the required time.
   6. Waiver of Process - In cases where the defendant does not desire to file an answer, or where the defendant agrees to the divorce, the defendant will file a waiver of process.
   7. Entry of Appearance - Often the defendant will include an entry of appearance with the waiver of process and the forms are sometimes combined into a single form. The entry basically provides that the defendant enters his or her appearance in the case and may consent to any entry of divorce.
   8. Court Clerk - Courts have clerks who handle the court papers, hearings and other matters. A complaint is filed with the Court Clerk usually in the county of residence of the parties. The clerk is the clerk of the court who handles domestic matters in Shelby County.
   9. Waiting Period - Tennessee has a waiting period from the time of filing the complaint before the matter may be heard or a final judgment entered. You cannot set the case for trial or present a judgment of divorce until the waiting period has expired.
   10. Final Judgment - The form which concludes the divorce is called a final judgment, i.e. Fianl Judgement of Divorce or Dissolution of Marriage. It is presented to the Court after all requirements to obtain the diorce have been met. In a no-fault case, the final judgment may attach and incorporate the terms of a settlement agreement or recite the provisions of a filed settlement agreement. Same as a Decree.

This entry was posted on Tuesday, March 18th, 2008 at 8:54 am and is filed under Divorce Law, Top 10 Lists. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.