Is it better to be the plaintiff or defendant in a divorce?

Is it better to be the plaintiff or defendant in a divorce?

There is one advantage to being the one to file the divorce. The person who files the divorce, under the code of civil procedure, is called the plaintiff and the other party is called the defendant. Another advantage to being a plaintiff is the way a non-suit is handled under the code of civil procedure.

What happens after interrogatories are answered?

Interrogatories – Interrogatories are written questions that are sent by one party to another. Generally speaking, the party who receives these questions has 30 days to answer them. If the other party fails to respond on time, within 30 days, then the questions are deemed admitted.

Do I have to respond to a counterclaim?

You have to answer the counterclaims. They have the same effect as your lawsuit. It is not wise to proceed with litigation without an attorney.

How long does plaintiff have to respond to counterclaim?

within 21 days

What is the difference between a claim and a counterclaim?

A claim is the main argument. A counterclaim is the opposite of the claim, or argument.

Can I counter sue someone for suing me?

No, you cannot. The other party has ever legal right to file a lawsuit, and you cannot counter sue just because a lawsuit was filed against you and you don’t like that or your daughter is upset because of this.

Can I sue someone for causing me stress?

So yes, as a general matter, you can sue for emotional distress in California. In fact, whether you are filing an insurance claim or pursuing a personal injury action in court, your emotional distress damages may account for a significant part of your financial recovery.

Who pays legal fees if found not guilty?

A. The short answer to your question is yes, but only in limited circumstances. Ordinarily if you are charged with a criminal offence, plead not guilty, are taken to trial and are then acquitted (either by magistrates or a jury) you will not be liable to pay court costs.

How do you fight excessive attorney fees?

If there is no local bar program, the State Bar may provide fee arbitration. To start the process, complete a fee arbitration request form from the local bar association and submit the filing fee. Include information about the attorney’s fees and costs and explain why you believe the attorney’s fees are excessive.

Should you tell your attorney everything?

Most (but not all) criminal defense attorneys want their clients to tell them everything—the good, the bad, and the ugly—because an attorney cannot defend against what he or she does not know. No matter what, with a few exceptions, attorneys are required to maintain lawyer-client confidentiality.

What do you do when your attorney ignores you?

If you think your attorney has acted unethically You can complete a complaint form online or download a PDF complaint form from the State Bar’s website. You may also call the State Bar at (in California) or (outside California) to discuss the complaint-filing process.