Is it better to be the petitioner or respondent in divorce?

Is it better to be the petitioner or respondent in 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 is general denial divorce?

All a general denial means is that you want your spouse to put on evidence of the things they are saying in their divorce petition. You are not saying the things in the divorce petition are untrue.

What is a divorce citation?

Citation: The Citation is the document that should have been served on you by the process server when they originally dropped off the Original Petition for Divorce. This document is important because it will tell you exactly how many days you have to submit your response to the court.

What is a general denial in court?

According to this federal district court case, an answer to a complaint that states that the defendant lacks sufficient information to admit or deny an allegation is considered a general denial and not affirmative defense to the allegation.

What does a general denial mean in court?

In pleading, a general denial is a denial that relates to all allegations which are not otherwise pleaded to.

What is a qualified denial?

General: The defendant may make a “general” denial, by which he/she denies each and every allegation in your complaint. Qualified: Defendant may make a “qualified” denial, i.e., a denial of a particular portion of a particular allegation.

What is the effect of a general denial to an allegation in a complaint?

The responses must be accurate and made in good faith. General denials, namely, summarily denying every allegation in the complaint, are highly disfavored and may negatively affect an individual’s credibility with the court. Additionally, the responses should typically be limited to one-sentence.