M MAGISTRATE - a person who performs the functions of a judge but does not have the power to issue a court order. Judges sometimes pass work, hearings and trials, to magistrates or masters who then in turn make recommendations to the judge as to the particulars of the case. MAINTENANCE - the same as spousal support or alimony. MARITAL PROPERTY - property that is acquired by the spouses during the marriage. It typically does not include any property owned prior to marriage. MARITAL SETTLEMENT AGREEMENT - a written agreement entered into by the spouses getting divorced stating their rights and agreements pertaining to property, support and custody. MARKETABLE TITLE - a title not subject to reasonable doubt or suspicion of invalidity in the mind of a reasonable and intelligent person: one which a prudent person guided by competent legal advice would be willing to accept and purchase at market value. MEDIATION - a non - adversarial divorce procedure where the spouses are assisted in reaching a settlement by a neutral third party that is trained in the divorce process. MEDIATOR - a neutral person who presides over the mediation process. MILITARY ALLOTMENT - a deduction from child support from the salary of a noncustodial parent on active duty in the United States Military. MINUTE ORDER - an official record of a court proceeding. It is prepared by the court clerk and is not a judgment. MISTRIAL - a trial that is terminated due to some kind of error that would declare the trial invalid. MODIFICATION - an order changing the terms of another order. MOTION - a written or oral request to the court for some type of action. MOTION TO MODIFY - a written request of the court to change a previous order regarding child custody, support, alimony or other divorce - related decisions. Return to the Dictionary Page

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