Quick Answer: Is It Better To Be The Petitioner Or The Respondent In A Divorce UK?

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 it matter who is the petitioner in a divorce?

The courts call the person who initiates the divorce proceeding the “petitioner.” If a divorce proceeding makes it to trial, the petitioner makes his or her case first. However, there are usually many hearings between the initial filing and a trial – this process can take up to a year or more.

Is it better to be 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.

Is there any advantage to being the petitioner in a divorce?

One of the main legal advantages that a person gains by filing the divorce petition before his or her spouse does is that the filer can request a Standing Order from the court when filing the petition. … If the matter should go to a hearing, the person who files the petition usually presents his or her case first.

Does the respondent have to pay for divorce UK?

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. If you can’t afford the fee, find out if you can get help to pay it at GOV.UK.

Which comes first plaintiff or defendant?

(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.

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.

What happens if a respondent refuses a divorce?

State and local rules may vary, but generally, if your spouse failed to respond to your divorce petition within 30 days, you may file a request to enter a default along with a proposed judgment. It may also be allowed when a spouse can’t be located for service. The court will set a hearing date and ask that you appear.

Who pays for divorce if adultery?

In this case, your spouse’s adultery may result in he or she paying more alimony. Your spouse’s adultery can only affect the divorce so much, however. When determining alimony, the adultery must generally have made an obvious financial impact on you and your spouse’s finances.

What is the difference between a petitioner and respondent?

“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.

What can you not do during a divorce?

Here are the top 10 tips on what to avoid when filing for divorce.Don’t Get Pregnant. … Don’t Forget to Change Your Will. … Don’t Dismiss the Possibility of Collaborative Divorce or Mediation. … Don’t Sleep With Your Lawyer. … Don’t Take It out on the Kids. … Don’t Refuse to See a Therapist. … Don’t Wait Until After the Holidays.More items…•

What is the respondent in a protection order?

HOW DO I GET A RESTRAINING ORDER? called the petition. The person completing the petition is called the petitioner. The person you file against is called the respondent.