Does it matter who petitions for divorce?
Does it matter who petitions for divorce?
You have until your spouse files an answer to your complaint to cancel the divorce. By filing first you are the plaintiff and she will be the defendant. At trial, if your divorce case goes that far, you would go first. This means the reason for the divorce doesn’t matter.
What happens if you don’t agree with divorce petition?
When one spouse in California files a petition for divorce, the other spouse must be formally served with papers. When a spouse doesn’t respond to a divorce petition, the person who failed to file the answer to the court will lose his or her rights to make arguments about property division, support, and child custody.
Is it better to be the petitioner or the respondent in a divorce?
Though you may have amicably agreed to divorce, one of you needs to start the process. That person will be the petitioner from that point on. There is no advantage or disadvantage to being either the petitioner or respondent. They are simply terms to make it easier to refer to each party during the divorce process.
Who usually pays for a divorce?
Each party in the divorce action pays for his or her attorney fees and costs. However, there are circumstances in which a judge may order a husband to pay the wife’s attorney fees and costs.
Who is the respondent in divorce?
The spouse who has been served with the divorce/dissolution petition is called the “respondent” or “defendant” in the divorce/dissolution process. He or she must respond to (“answer”) the petition within a certain time (usually about three weeks).
Does the petitioner pay for a divorce?
Usually, the person who applies for a divorce (also known as the ‘petitioner’) has to pay the fee.
How do you win a divorce case?
But, if you are in a situation where you feel you need to win your divorce case, here are some tips to make that happen.
- Assemble a Great Team.
- Gather Your Assets.
- Stay in the Marital Home.
- Be Mindful of What You Say, Text Message, or Post Online.
- Be Smart, Not Emotional.
