Legal Procedure

Plaintiff

The person who initiates a divorce lawsuit by filing a petition or complaint with the court.

Understanding Plaintiff

In divorce proceedings, the plaintiff (also called the petitioner in many states) is the spouse who files the initial paperwork to start the divorce. Being the plaintiff does not give you an advantage in the outcome, though it may allow you to present your case first at trial. The other spouse becomes the defendant or respondent.

Real-World Examples

Sarah filed for divorce first, making her the plaintiff in the case.

Related Terms

Respondent

The spouse who receives the divorce petition filed by the other spouse (the petitioner or plaintiff).

Summons

A legal document notifying the respondent that a divorce action has been filed and they must respond within a set timeframe.

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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.