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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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