Defendant
The spouse who is served with divorce papers and must respond to the petition. Also called the respondent in many jurisdictions.
Understanding Defendant
The defendant (respondent) is the spouse who did not initiate the divorce filing. Upon being served, the defendant has a limited time to file an answer and, optionally, a counter-petition. Being the defendant does not put someone at a legal disadvantage — courts treat both parties equally. The defendant has the same rights to request custody, support, and property division as the plaintiff. However, failing to respond in time can result in a default judgment, so prompt action is essential.
Real-World Examples
The wife is the defendant in the divorce case and files her answer within 20 days, including a counter-petition for joint custody.
Related Terms
The initial legal document filed to start a divorce case. Also called a petition for dissolution of marriage. It identifies the parties, grounds for divorce, and relief requested.
AnswerThe formal legal response filed by the respondent (defendant) to a divorce petition or complaint. It addresses each allegation and may include counterclaims.
Counter-PetitionA legal filing by the respondent in a divorce case that makes their own requests regarding custody, property, and support, rather than merely responding to the original petition.
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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.