There are always two parties involved in the legal separation of a marriage. The plaintiff is one spouse, and the defendant is the other. In a case of divorce, who is the defendant? Who is the divorce plaintiff? Why is this distinction important? This article explains the difference between a divorce plaintiff and a defendant and why it is so important to know this throughout all legal proceedings.
What is the difference between the plaintiff and the defendant in divorce?
In nearly all civil cases, the words “plaintiff,” “defendant,” and “accused” are used. In US law, a plaintiff is the person or company who initiates the lawsuit. The plaintiffs seek some legal recourse and file a court petition. The defendant is the person or organization that the plaintiff has filed a lawsuit against.
This rule can be translated to legal proceedings to understand the divorce process. When a marriage ends, or a couple separates, one spouse initiates a divorce. This person is also known as the plaintiff. The plaintiff is the person who files the divorce case and presents it to the court first. They are sometimes called the “petitioner,” and the other spouse assumes the defendant’s role. The plaintiff will send divorce papers to the defendant, who must sign them. They are also sometimes called the “respondent.”
Divorce grounds
Each state has its own rules defining the grounds for divorce. In this set of circumstances, the court would grant a separation of marriage and then terminate the marriage. In the past, all states were considered to be fault states. A divorce was only given if the spouse could show that the marriage ended because of their actions. Adultery, homosexuality, physical cruelty, abandonment, or a criminal conviction are all examples. Thirty-three US states have fault laws, which allow divorce plaintiff to blame their spouse when they file for divorce. Your attorney must prove your allegation if you file for a fault-based divorce.
Nevertheless, today every state in America accepts divorces without fault. Divorces can be granted even if there is no valid reason to end the marriage. Separating based on incompatibility or irreconcilable differences are examples. It means that any state can approve any divorce in the US without a real reason. In the United States, seventeen states have no-fault divorce laws. In these no-fault states, the plaintiff can only file a no-fault divorce.
What is the importance of filing for divorce first?
Many people wonder if being the defendant or plaintiff in a divorce is better. It doesn’t matter. All US states allow no-fault divorces. Therefore, the plaintiff doesn’t have to prove that the defendant has done anything wrong. The divorce proceeding will not be affected by the initial divorce filing. Despite this, the divorce plaintiff may have some advantages. As an example:
Setting The Tone: The divorce petitioner is in charge initially and can set the mood for the remainder of the proceedings. You can either discuss your separation with your partner or surprise them. Discussing the separation with your partner rather than blindsiding them is best.
Appointing an attorney: The divorce plaintiff will be the one to choose a family lawyer. It can be a huge benefit, especially if a family already has a family law attorney they are familiar with and have worked with. A good lawyer can help improve the settlement of a divorce.
Preparation: The person who files for divorce has more time to gather financial records, account numbers, and other evidence that will facilitate the proceedings. The defendant must return the divorce papers to the court within 20 days after the filing date. This extra time will help to reduce stress and make sure everything is in order.