Does it matter who is the petitioner in a divorce?
Does it matter who is the petitioner in a divorce?
The name given to the spouse that files first for divorce is the Petitioner and the spouse that files second is called the Respondent. The clearest advantage to filing for divorce first is that at trial the Petitioner gets to present his/her evidence first.
What happens if respondent does not respond to divorce?
If you have served your spouse with a legal petition for divorce and he or she is not responding, your divorce may be granted by default in California. Failing to respond will not stop the divorce from occurring, it will simply end in a true default divorce.
Does the respondent have to serve the petitioner?
After you file a petition, the respondent must be told about the case. Any person 18 years or older may serve papers, except the petitioner or respondent in your case. The person can be a friend, relative, or anyone else. You can also hire a professional to serve the papers for you.
What does a respondent do?
The respondent is the party against whom a petition is filed, especially one on appeal. The respondent can be either the plaintiff or the defendant from the court below, as either party can appeal the decision thereby making themselves the petitioner and their adversary the respondent.
Does the respondent have to pay court fees?
If you are the one who is being divorced (the “respondent”), the Court might order you to pay the legal fees of both sides. This is unjust, but it is based on the old court principles that if you can prove your case before them, then you will also get your costs.
Does respondent pay for divorce?
The petitioner always pays the divorce fees Initially, the person filing for the divorce (known as the Petitioner) will always pay the divorce filing fee. The petitioner can ask for the respondent to pay their costs in a fault-based divorce, or in a 2-year separation case if they both agree.
What happens at the first family court hearing?
A First Hearing and Dispute Resolution Appointment (FHDRA) is the first court hearing after an application has been made to court in private family law. It is held to assist the court in identifying issues between the parties at an early stage and to see if it is possible for the parties to reach an agreement.
Who should pay for divorce costs?
Usually, the person who applies for a divorce (also known as the ‘petitioner’) has to pay the fee. If you’re applying for the divorce, you’ll need to pay a £550 fee when you send your divorce application to the divorce centre.
