Filing Divorce Virginia, Virginia Divorce

MENS REA - Mens Rea is a phrase that you are most likely to hear in the criminal courts and means literally "guilty mind". Certain crimes require that a person intended to carry out the crime, and thus the prosecution would have to prove that there was mens rea at the time the offense was committed.

MINUTES OF SETTLEMENT - When a court action is settled out of court, the settlement is written up in what is known as "minutes of settlement." This document details the agreement reached between you and your spouse.

MISREPRESENTATION - a misrepresentation occurs where someone is persuaded to enter into an agreement on the basis of facts which are false. Depending upon the extent and severity of the misrepresentation, the party who has been falsely persuaded may be entitled to deny the validity of the contract or agreement and possibly even entitle the person to damages as a result.

MITIGATION - mitigation has two distinct meanings in law. On the one hand it is the steps which a person must take to minimize the loss which they incur for example when the other party to a contract has broken the terms of that contract. In other words, the wronged party cannot simply let a loss continue to mount up and then hold the other person responsible - they must attempt to limit the damage caused. The other main meaning is that it is the facts which are put forward, normally in a criminal case, as to why the convicted person should be given a lesser sentence than they would otherwise receive. Such a "plea in mitigation" will be considered by the judge before sentencing takes place.

MORTGAGE - a mortgage is a security given by one person to guarantee to another person who lends them money that the money will be repaid. The most common form of mortgage is the one taken out by a home owner and granted to the lender that enables them to purchase a property, in which case the mortgage will be over the property purchased. The mortgage will normally be created by a mortgage deed which then becomes recorded against the title to the land subject to it. The land can then only be sold if the mortgage is first paid off or, as usually happens, an undertaking is given by a solicitor that the mortgage will be paid off from the proceeds of the sale.

MORTGAGE/LOAN BROKER - Acts as an intermediary to secure financing for real estate. The property can be commercial and/or residential.

MOTION - a request to the court.

MOTION - It can take a year or more for a divorce case to be completed. That can be too long to wait for certain things - such as receiving child support or spousal support, or deciding on a parenting schedule. In such cases, you need to file a motion with the court to obtain temporary (interim) decisions about the matters in your case. A motion can also be filed if you need direction from the court about procedural matters in your case.

NEGLIGENCE - negligence is an example of a civil wrong known as a tort and is where one person acts carelessly or in such a way that damage, injury or loss is suffered by someone to whom the person committing the act had a duty of care. In determining whether or not someone was negligent, account has to be taken of whether the actions were careless, whether a duty was owed to the person complaining of the negligence and the remoteness of the damage caused.

NEGOTIATION - Negotiation is the process of discussing issues arising from the breakdown of your marriage with a view to resolving them. An agreement is usually a compromise representing a modification of the original positions of the spouse. The negotiation can be done directly between you and your spouse, or between your lawyers.

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