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M

Term Definition
Magistrate
A person who performs a judge's functions but who lacks the power to issue a court order. In certain instances, judges transfer matters to magistrates or masters, who then make recommendations to the judge. See also "Master."
Maintenance
Funds given to another for support. See also "Alimony," "Spousal support" and "Spousal maintenance."
Marital property
Assets, including real and intangible property, acquired by a couple while legally married. It generally does not include any property acquired by either spouse prior to the marriage. See also "Community property."
Marital settlement agreement
A written document by divorcing spouses that details their individual rights and obligations with regard to issues of property, support and custody.
Marital termination agreement
An agreement between divorcing spouses that details the decisions made regarding all issues in an action for dissolution of marriage. Matters in the termination agreement can include custody, child support, spousal maintenance, property, debts, etc.
Marketable title
The title, or legal ownership document, to a property that a reasonable and prudent person is willing to accept and purchase at market value.
Master (also known as Special Master)
A court-appointed individual, usually an attorney, who assists the court in resolving a dispute. Matters related to discovery are typically handled or coordinated by a master, especially when one or both parties fail to comply with discovery requests. A master is not a judge and while his or her have weight and are considered by the court, the judge has final word. See also "Magistrate."
Med/arb
The shorthand phrase for "mediation/arbitration." This dispute resolution method is a mixture of mediation and arbitration, where opposing parties begin mediation and agree that if they are unable to reach an amicable and equitable agreement, they will allow the mediator to act as an arbitrator and make binding decisions.
Mediation
A dispute method whereby an impartial third party, often one with specialized training in dispute resolution, facilitates an agreement between two or more persons. This is often employed by parties in a non-adversarial divorce.
Mediator
A neutral person who presides over mediation efforts.
Military allotment
A child support deduction from the salary of a non-custodial parent who is an active duty member of the U.S. military.
Minute order
An official record of a court proceeding that, while prepared by the court clerk, is not a judgment.
Mistrial
The termination of a trial due to some error that would render the legal proceedings to date invalid.
Modification
An order that alters the terms of another order.
Motion
A request, either written or oral, for some type of action to be made by the court.
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