Petitioner
The spouse who initiates the divorce by filing the petition with the court, also called the plaintiff or complainant in some states.
Understanding Petitioner
The petitioner is the person who starts the legal divorce process by filing the initial paperwork. The other spouse is called the respondent (or defendant). While being the petitioner gives some procedural advantages — like choosing the jurisdiction and presenting your case first at trial — it does not give a substantive advantage in the outcome. In some cases, filing first allows the petitioner to obtain temporary restraining orders protecting assets. Both parties have equal rights regardless of who filed first.
Real-World Examples
As the petitioner, she chose to file in the county where she lived, which required her husband to travel for court appearances.
Related Terms
The formal legal document filed with the court to initiate divorce proceedings, also called a complaint in some states.
Filing FeeThe fee charged by the court to process a divorce petition, typically ranging from $100 to $450 depending on the state and county.
JurisdictionThe legal authority of a court to hear and decide a divorce case, typically based on where the spouses live.
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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.
Always consult a licensed attorney in your area for advice specific to your situation.