Family Law Glossary | S

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Sales Comparison Approach: A set of procedures in which an appraiser derives a value indication by comparing the property being appraised to similar properties that have been sold recently, applying appropriate units of comparison, and making adjustments, based on the elements of comparison, to the sale prices of the comparables.

Sanctions: Court-ordered punishment.

Separate Maintenance: An action filed for support between two spouses not living together even though the spouse's are not actively seeking a divorce.

Separate Property: In community property states (California, Texas, Arizona, Idaho, Louisiana, New Mexico, Nevada and Washington), the property owned by one spouse which he/she acquired: a) before marriage, b) by inheritance, c) as a gift, d) assets traceable to other separate property such as money received from sale of a house owned before marriage, and e) property the spouses agree is separate property. State laws vary, but basically separate property can be controlled by the spouse owning it. The laws of descent applied to separate property and right to give separate property by will differ from the treatment of community property. For example a child may inherit part of one spouse's separate property if there is no will, while community property would pass automatically to the spouse. Upon divorce community property is divided equally, while separate property is kept by the owner without division with the other spouse.

Separation: When spouses no longer cohabitate or live together.

Separation Agreement: An agreement on support, child care and property covering the period before divorce but after separation.

Service of Process: Providing a formal notice to the defendant that orders him or her to appear in court to answer plaintiff's allegations.

Set Aside: To cancel, annul, or revoke a prior judgment of a court.

Set Off: A debt or financial obligation of one spouse that the court weighs against a debt or financial obligation of the other spouse.

Settlement Agreement: The written version of the settlement.

Severability: The understanding that one clause in a contract is independent of the others.

Sole Custody: A form of custody in which one parent is awarded both physical and legal custody.

Split Custody: A form of custody in which the actual time of physical custody is split between both parents, which gives both parents the right to make decisions.

Spousal Support: Payment for support of an ex-spouse (or a spouse while a divorce is pending) ordered by the court. More commonly called alimony, spousal support is the term used in California and a few other states as part of new non-confrontational language (such as "dissolution" instead of "divorce") now used since divorce is "no-fault" in all states but two.

Spouse: Husband or wife.

STBX: This is a common acronym which stands for, "Soon to be ex." It is the person to whom you're married now but are in the process of divorcing.

Stipulation: An agreement between the parties or their counsel.

Subpoena: A form issued by the court requiring someone to appear in court and/or bring documents. (May also be referred to as a "Summons.")

Summons: A written notification to the defendant or respondent that an action has been filed against him or her.

Supervised Visitation: Visitation by a parent with his child while another adult (other than the custodial parent) is present.

Support: Payment for housing, food, clothing etc.

Surrebutal: Evidence the defendant can present to counter rebuttal evidence