What does respondent mean in divorce?

Asked by: Raheem Jast  |  Last update: December 16, 2023
Score: 4.2/5 (29 votes)

What Is the Difference Between a Petitioner and a Respondent? In a divorce, the petitioner is the spouse who initiates the divorce proceedings. The respondent is the spouse who responds to the petition for divorce.

What is the difference between a petitioner and respondent?

The next four variables identify the parties to the case. "Petitioner" refers to the party who petitioned the Supreme Court to review the case. This party is variously known as the petitioner or the appellant. "Respondent" refers to the party being sued or tried and is also known as the appellee.

Is the petitioner the defendant?

The petitioner is the party who presents a petition to the court. On appeal, the petitioner is usually the party who lost in the lower court. This can be either the plaintiff or defendant from the court below, as either of the parties can present the case to a higher court for further proceedings. See also respondent.

What is a wife entitled to in a divorce in California?

A wife in California can be entitled to up to half of the assets in the marriage along with up to 40% of their partner's income for child support, spousal support, and primary child custody.

How do I respond to divorce papers in Indiana?

In Indiana, the respondent isn't required to file a response to the divorce petition. So your spouse can skip this step if you've already agreed on the issues and submitted your settlement agreement with the petition. (Ind. Code §§ 31-15-2-6, 31-15-2-8, 31-15-2-9 (2021).)

Is it better to be a petitioner or respondent in a divorce or family law case?

36 related questions found

How long until a divorce is final in Indiana?

Waiting Period for Indiana Divorces

In Indiana, the court cannot sign off on your divorce for at least 60 days after you file. So regardless of other circumstances, your divorce will take at least 60 days to complete.

What happens if my ex doesn't respond to divorce papers?

In this state, respondents have up to 30 days after the date of service to respond to a divorce petition unless they receive an extension. If they don't acknowledge the papers, it won't stall the case. Instead, the spouse who filed the petition will be granted what's called a 'true default divorce. '

Can I empty my bank account before divorce?

To sum up, you can clean up the bank account before divorce: If it says so in the prenuptial agreement. If there is no prenuptial agreement or if the agreement is silent on the issue, you can still withdraw the funds so long the bank account is classified as your “separate property.”

What are the benefits of staying married but separated?

A legal separation would mean one spouse may still be eligible for health insurance coverage from the other spouse's job, whereas a divorce would end this coverage. A legal separation also allows you and your spouse to continue filing taxes jointly, which can lead to some tax benefits.

How long do you have to be married to get half of everything in California?

How Long Do You Have to Be Married to Get Half of Everything? In California, anything accumulated during the marriage—whether that's five months or fifty years—is considered community property, and subject to an equitable split.

Who is respondent in a case?

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.

Who is the petitioner vs respondent vs plaintiff?

Parties include plaintiff (person filing suit), defendant (person sued or charged with a crime), petitioner (files a petition asking for a court ruling), respondent (usually in opposition to a petition or an appeal), cross-complainant (a defendant who sues someone else in the same lawsuit), or cross-defendant (a person ...

Is petitioner first or second?

(In the trial court, the first name listed is the plaintiff, the party bringing the suit. The name following the "v" is the defendant. If the case is appealed, as in this example, the name of the petitioner (appellant) is usually listed first, and the name of the respondent (appellee) is listed second.

Who is the plaintiff and who is the defendant?

What's the difference between a plaintiff and a defendant? In a civil case, the person or entity that files the lawsuit is called the plaintiff. The person or entity being sued is called the defendant.

What does et al mean in court?

Primary tabs. Et al. is short for the Latin expression “et alia,” “et alius,” or “et alii.” Et al. means “and others” or “and the other people” and usually follows the name of a person or a list of names and represents the remainder of the group.

Am I the petitioner or sponsor?

Some people call the petitioner a "sponsor." However, in legal terminology, "sponsor" actually refers to the person providing financial sponsorship to the immigrant. It's true that the petitioner must, as part of the immigration process, be the first and primary financial sponsor.

What not to do during separation?

Things You Should Not Do During Legal Separation
  • Do Not Move Out of Your Family Home. ...
  • Do Not Rush into a New Relationship. ...
  • Do Not Deny Your Partner the Right to Co-Parenting. ...
  • Do Not Involve Your Family Members and Friends in Your Separation Process. ...
  • Do Not Sign Any Documents Without the Consent of Your Lawyer.

Am I still married after 10 years of separation?

If you have had a legal separation in place for a decade, the only step left may be terminating the marriage itself. Odds are other issues related to your marriage likely were dealt with earlier during the legal separation proceedings. Oftentimes, this will make a subsequent divorce case easier to conclude.

Do I have to give my wife money if we are separated?

Who's Eligible for Spousal Support in a Legal Separation? A common misconception is that spousal support is awarded to the wife, meaning the husband must make monthly payments. However, a court can order either spouse to receive or pay it.

Can your wife freeze your bank account at the time of divorce?

Courts have the discretion to freeze a couple's assets during divorce proceedings through the issuance of a court order specifically forbidding the parties from selling, wasting, or even accessing certain assets. In many cases, courts will take this step early in the proceedings.

Can I spend money from a joint account during divorce?

As the name suggests, a joint bank account is one owned by two or more people. Each party has the right to deposit funds, make decisions regarding the account, and withdraw money. If you are in the process of divorce, you and your spouse each have a legal right to empty the account.

How can I protect my money in a divorce?

Here are six things you can do to prepare:
  1. Hire an experienced divorce attorney. Ideally, this person will emphasize mediation or collaborative divorce over litigation. ...
  2. Open accounts in your name only. ...
  3. Sort out mortgage and rent payments. ...
  4. Be prepared to share retirement accounts.

What happens when one spouse doesn't want a divorce?

If your spouse refuses to sign the divorce papers and give consent, you must prove the breakdown of the marriage, such as adultery or physical/mental cruelty. If you can show evidence of this when the court hears your divorce application, then you may be granted a divorce.

Do I have to talk to my ex during a divorce?

You do not have to speak to your husband if you don't want to. Sometimes your ex is so antagonistic, your relationship so adversarial, or there is a restraining order in place that the best course of action is to communicate exclusively through your attorney. Above all, exercise restraint and discretion.

Can my husband divorced me without me knowing?

A Spouse is Entitled to Knowing They're Going to Be Divorced

In every court in the country, it is the requirement of the court and the petitioning party that the wife be informed that her husband is seeking to get divorced. The reasons for this are obvious.