A divorce can only occur after the divorce paperwork is filed. For this lớn happen, there needs lớn be a petitioner and a respondent. It’s important lớn understand what each of these terms means and the roles that each plays in the divorce. Let’s compare and contrast the petitioner vs respondent in a divorce.
What Does the Petitioner Do?
The petitioner is the spouse who files for the dissolution of marriage. In Arizona, dissolution of marriage is simply the term used for divorce on all of the court papers. It means the same thing.
Bạn đang xem: petitioner là gì
When you tệp tin your petition for dissolution of marriage, you will tệp tin it with the Clerk of the Superior Court. This written petition will require that you pay a filing fee when you tệp tin. If you are unable lớn pay the cost of filing, you can ask the court lớn defer the payment, so sánh you can pay it later. You could also ask the court lớn waive the fee by filing an application that you turn into the Clerk of the Superior Court.
The petition that is filed is a legal paper that is essentially asking the court lớn over your marriage and lớn issue any other orders that might be required lớn handle things lượt thích property and debt division, financial tư vấn, parenting time, requests for custody, etc. It’s important lớn keep in mind that typically the court can’t give a spouse anything that’s not requested and included in the petition you tệp tin.
You can fill out and tệp tin the petition on your own. However, there’s a risk that you might forget lớn add something important lớn the petition, or that you fill it out incorrectly, which would mean you have lớn start over. You might want lớn have an attorney help you, or at least go over the petition with you after you have filled it out. This can help lớn prevent any mistakes from being made.
Other paperwork that will be needed when filing includes the notice of right lớn convert health insurance, a joint preliminary injunction, and a creditor notice. You also need lớn tệp tin the summons, which is a legal document that lets your spouse, the respondent, know that the divorce case has been filed and that they need lớn take some type of action if they want lớn be heard by the court.
The petitioner must then serve their spouse with the divorce papers. The papers can be served in several ways. Petitioners may decide that they want lớn hire a private process server lớn deliver the papers lớn their spouse. The cost for this can vary. Another option is lớn have the papers served by a sheriff’s deputy. This tends lớn be less expensive phàn nàn hiring a process server. These are the most common ways of serving divorce papers.
What Does the Respondent Do?
The respondent is the person who receives the divorce papers from their spouse. The person who receives the paperwork may already be expecting it if they’ve talked with their spouse about divorce. However, it could also come out of the xanh rì. Whether they are expecting the paperwork or not, it can be jarring because you are now going through the formal process of dissolving your marriage. It can truly feel lượt thích a match of petitioner vs respondent.
Xem thêm: có nên rửa mặt sau khi đắp mặt nạ
The respondent is required lớn respond lớn the paperwork promptly. In Arizona, they will have đôi mươi days lớn respond lớn the petition by filing a responsive pleading. The 20-day timeline begins on the day the respondent received the petition. If they bởi not respond in đôi mươi days (or 30 days if they are out of state), the petitioner can then tệp tin a request for mặc định. If this happens, it typically means that you can’t contest anything that is in the petition.
Naturally, you don’t want this lớn happen, because you will immediately be at a severe disadvantage and will not get what you may deserve in the divorce.
The respondent needs lớn read the petition for divorce and understand what it all means. If they agree with everything in the petition, they don’t have lớn respond. However, if there are areas where they disagree, they will need lớn tệp tin a response pleading that contests what is in the petition. This will initiate a contested divorce.
If you have minor children, make sure you are filling out and using the correct response forms. There are two options—one for divorces without minor children and one with minor children. If the respondent has any questions or concerns, they should talk with a family law attorney right away. They have lớn remember that they have a limited time lớn respond, and they need lớn bởi it right. It’s often better lớn have the advice of an attorney just lớn be sure there are no mistakes. This is a very important step in the divorce process.
Xem thêm: thời gian thi đánh giá năng lực 2023
Petitioner vs Respondent
One of the common questions that come up is whether it’s better lớn be the petitioner or the respondent. For the most part, it doesn’t matter. Arizona is a no-fault divorce state, so sánh you don’t need lớn have any reasons for getting a divorce other phàn nàn it’s something you want lớn bởi because you and your spouse no longer want lớn be together.
However, being the petitioner does give you a slight advantage at least when it comes lớn how you feel. You may feel lượt thích you are more in charge, and you are the one who begins lớn phối the terms that you want in the divorce.
What Happens Next?
If there are areas where the parties don’t agree, they will move ahead with the divorce process, which often included negotiation. The parties will often try lớn come lớn agreements, so sánh it doesn’t come lớn a rigorous battle of petitioner vs respondent. They can settle the divorce without needing lớn go lớn trial. This gives them more control over what happens in the divorce since the court will not be the ones who are making all of the decisions. However, if there are still areas where they can’t agree, it will eventually have lớn go lớn litigation. Although you can represent yourself in a divorce, having attorneys help can make the process easier at each step.