Filing first is most advantageous if you are planning to file a contested divorce. A divorce is usually started by way of a summons. In Alabama, 115 1st Street North Alabaster, Alabama 35007, 1302 Noble Street Suite 2A Anniston, AL 36201, 401 19th Street N, Suite 106, Bessemer, AL 35020, 4000 Eagle Point Corp. Dr. Suite 110 Birmingham, AL 35242, 2126 6th Ave. S.E. The divorce paperwork should be filed in the Supreme Court in the county where the spouses live. Finally, if you were to decide to withdraw the divorce petition, as the plaintiff you always have the option to withdraw it. Based on Irreconcilable Differences . Defendant is related to the word defend. You can think of a plaintiff as the person who makes a complaint in court. 2. If you and your spouse are heading for divorce, we sometimes get asked if it is better to be the spouse that files for divorce first. DEFENDANT . It is the plaintiff who is seeking legal recourse, and if successful, a judge will rule in their favor. If you cannot come to an agreement, for example, on how to divide your assets or child custody during the early stages of the divorce, it will usually end up in a hearing with a judge. If you are the defendant, you would have to convince the plaintiff to withdraw. The Plaintiff will likely end up paying a bit more in court costs, but it is nominal; The Plaintiff will normally be the one to provide most of the necessary forms and proceed first at the time of the divorce; and. The Plaintiff and/or the Defendant has/have been a … When both parties agree on how to terminate a contract, the process is typically quicker and smoother. Filing first can also give you more time to be prepared mentally, financially, and emotionally for divorce. 3. ) STATEMENT OF FACTS 1. 2. Plaintiff is related to the words plaintive and complain. The trial involves the leading of evidence by both the plaintiff and the defendant. There is no assumption that the Plaintiff wants the divorce more than the Defendant. If you are the plaintiff, you get to present your case first. In context|legal|lang=en terms the difference between plaintiff and respondent is that plaintiff is (legal) a party bringing a suit in civil law against a defendant; accusers while respondent is (legal) person who answers for the defendant in a case before a court in some legal systems, when one appeals a criminal case, one names the original court as defendant, but the state is the respondent. Plaintiff or Defendant: Does it matter in a divorce action? Divorce Lawyers; Plaintiff vs. • A Defendant is the person who is being sued by the Plaintiff. Defendant – Learn the difference. The courts do not give you more or less because … The Plaintiff is a citizen and resident of _____ County in the State of _____. • The burden of proving the charges against the Defendant lies with the Plaintiff. Being a defendant in a divorce case isn’t like being a defendant in a criminal case. The Plaintiff and/or the Defendant has/have been a … Once the Defendant files a Defence, the Plaintiff will have 14 days from the date of service of Defence to … The Defendant is a citizen and resident of _____ County in the State of _____. In New York, the Supreme Court handles divorce cases. These types of procedural matters can vary county by county, that is why it is important to hire an experienced Birmingham divorce attorney to handle your case who knows each county’s particular requirements. If you are the party that files for divorce, that makes you the plaintiff. FINAL DECREE OF DIVORCE . When spouses don’t agree on the terms of their divorce that is classified as a contested divorce. Generally, uncontested divorces are less expensive and are processed through the courts quicker than contested divorces. This Affidavit is made pursuant to the provisions of SDCL 25-4-17.3 so that the divorce may be granted without requiring the personal appearance in Court by either party. Plaintiff and defendant in civil actions. This Affidavit is made pursuant to the provisions of SDCL 25-4-17.3 so that the divorce may be granted without requiring the personal appearance in Court by either party. WHEREFORE, defendant demands judgment dismissing plaintiff’s complaint together with interests and costs of suit. Will their spouse be seen as the “victim?” For some, there is guilt or failure associated with the breakdown of a marriage. • A Defendant in a criminal case is also known as the accused. Plaintiff - This is the person who files for the divorce and is the first to present a case; Defendant - This is the person that is served divorce papers after the plaintiff has filed for divorce In most divorces, it does not matter if you serve the divorce summons or your spouse does. The Plaintiff is the one bringing the lawsuit and the Defendant is the one being sued and is defending the lawsuit. NOTICE OF ELECTION TO RESUME PRIOR NAME . Plaintiff or Defendant procured a divorce outside this state by virtue of which Plaintiff or Defendant has been released from the obligations of the marriage, while those obligations remain binding on Plaintiff or Defendant. Plaintiff and Defendant were married to each other on in (Date of Marriage) . 3. Ⓒ 2021 The Harris Firm LLC Privacy Terms Disclaimer Site by, Choose from the office locations above for contact details, Filing first is most advantageous if you are planning to file a. Uncontested divorces are filed when the spouses agree on the need to divorce, the division of their property, and, if applicable, child custody matters. To begin an action for divorce, the plaintiff must file a “Summons" or a "Summons with a Complaint:” legal documents, which notify the defendant an action for divorce has been initiated. I’m often confronted with a person who wants to file a divorce but is reluctant to be the “one to file.” I’ve also had plenty of people (mostly men) who claim they are in my office because, although the divorce is a joint decision, their spouse insisted that they begin the process. vs. _____ IN DIVORCE. What Are My Workers’ Compensation Rights? Just like it is the plaintiff’s job to prove their case, defendants must defend themselves against the formal accusations brought against them. The divorce action is deemed to have been instituted on the date the summons was issued. 1. Divorce Form 1 Rule 1920.71 Rule 1920.72 AOPC 7.1.14 7. If your spouse has filed for divorce, they are the Plaintiff in the case. Suite 204 Decatur, AL 35601, 600 Broad Street, Suite 204, Gadsden, AL 35901, 3021 Lorna Road Suite 207 Hoover, AL 35216, 71A Town Center Drive NW, Huntsville, AL 35806, 8840 Madison Blvd Suite 200G Madison, AL 35758, 572 S McDonough St Suite B Montgomery, AL 36104, 1028 East Main Street Prattville, AL 36066, 2163 Highway 31, Suite 214, Pelham, AL 35124, 152 Peachtree Lane NW, Suite 105, AL 35058. Related - in many (most?) But you can see how certain procedural aspects of being the plaintiff may help you feel more in control of your divorce and not as subject to the whims of your spouse. Since you both agree on everything, it doesn’t matter as much as to who is the plaintiff and who is the defendant. The Plaintiff and Defendant … When you file for divorce, you can request the judge to issue an order to keep your spouse from changing bank accounts, transferring money out of joint accounts, changing beneficiaries on life insurance policies and retirement accounts, selling or buying property, and other similar actions. You’ll also be the last to give a closing statement to the judge before she makes a ruling. [ ] Contact of communication about this case was received by Plaintiff or Plaintiff’s attorney from Defendant or Defendant’s attorney and Plaintiff posted by lalala1234 at 9:01 PM on November 6, 2012. Unless there is a settlement between the parties, the summons culminates in a trial and the delivery of a judgment. Plaintiff, vs. Civil No. (Absolute Divorce) The Plaintiff, complaining of the Defendant, alleges: 1. For the Complaint for Divorce, you’ll need to have the following information available: Name, age, and residency of both parties; names of minor children and their dates of birth; grounds for divorce; marriage date and date of separation; acknowledgment that the parties have assets and debts for division; a plea for the court to take jurisdiction of the case and provide the requested relief. While it is natural for many people to feel hesitant about being the one to actually file the legal documents to begin the divorce process, there can be some advantages to taking that step first. That they are the Plaintiff and the Defendant in the above-entitled divorce action. (City, County and State where marriage took place) 3. The Plaintiff and the Defendant are the parties involved in a lawsuit. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the … https://www.bbesq.com/wp-content/uploads/2018/08/logo.png, https://www.bbesq.com/wp-content/uploads/2015/10/plaintiff-defendent.jpg, Copyright All Rights Reserved © 2018 | Design by, What’s Mine is Mine and What’s Yours is Mine, Assault / Aggragrated Assault / Assault & Battery, NEW: Limited Scope (Partial) Representation, Workers’ Compensation Overview and Process. or Plaintiff’s attorney from Defendant or Defendant’s attorney after the filing of the complaint and the Court should summarily enter judgment by default based on the file and records. What most are concerned about is being “the Plaintiff.” Will they be seen in a bad light because they are the one who started the action? When you are the plaintiff, you are “steering the ship” more than the defendant. Difference Between an Annulment and Divorce. Not something people usually worry about but important to know: Get a full overview of the divorce process, We meet clients locally in Fairfield and New Haven Counties. At the time this divorce action was started with service of the Summons and Complaint: a. When you file for divorce, you can request the judge to issue an order to keep your spouse from changing bank accounts, transferring money out of joint accounts, changing beneficiaries on life insurance policies and retirement accounts, selling or buying property, and other similar actions. There is no assumption that the Plaintiff wants the divorce more than the Defendant. Being the spouse that “gets served” sometimes takes some of the ownership off those bad feelings. If the Defendant is contesting the Writ, he or she will have 22 days from the date of service of the Writ of Divorce to file a Defence and serve it on the Plaintiff. However, as the Plaintiff if there is a trial there is a technical difference in that you get to speak first … Civil Action Case Number . 2. The above-captioned civil case, is a domestic relations action for divorce. posted by mochapickle at 8:07 PM on November 6, 2012. Posted Feb 28, 2020 by Steven Harris | Divorce. This cause came on this day, in accordance with Virginia Code § 20-106, to be heard upon: __ Affidavits of the moving party and a corroborating witness __ Depositions of the moving party and a corroborating witness This puts you on “offense,” and your soon-to-be ex on “defense.” This can be a pro or a con, depending on your attorney’s strategy, as it could give away some elements of surprise. 3. Subject Matter Jurisdiction: I am the Plaintiff in this action and: [Check only one of the following, either (a) or (b).] Plaintiff : : vs. : : REP, JR., : Defendant : IN DIVORCE O R D E R AND NOW, this 22nd day of June, 2016, this Order is entered after hearings held on December 1, 2015, and February 12, 2016, regarding Wife’s Petition to Enforce Property Settlement Agreement filed … COUNTERCLAIM FOR DIVORCE/DISSOLUTION . That they are the Plaintiff and the Defendant in the above-entitled divorce action. and Plaintiff Defendant has lived in Wyoming from the marriage date to the filing of this Complaint. This is the beginning of a lawsuit in both state and federal courts. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) AND § 3301(d) OF THE DIVORCE CODE - PLAINTIFF . There is no assumption that the Defendant did something wrong. Either party can accuse the other of fault for the breakdown of the marriage. W.S.§20-2-104 and 20-2-107(a) 2. I consent to the entry of a final decree of divorce without notice. You are the Defendant. Meanwhile, a defendant is the party in a case who has been accused or charged with committing an offense against the plaintiff. Any Defendant should consider filing a counter claim so that the matter can proceed (if the Defendant wants it to proceed) in the event the action is withdrawn or not acted upon by the Plaintiff. 3. states, there is no "plaintiff" or "defendant" in a divorce case; rather, there is a "petitioner" (the person who files the divorce petition) and a "respondent." 2. There is no assumption that the Defendant did something wrong. Who files first is not quite as important when it comes to an uncontested divorce. PLAINTIFF, ) Vs ) ) BRIEF IN SUPPORT OF MOTION FOR _____ ) DEFAULT DIVORCE JUDGMENT (Defendant) ) DEFENDANT. ) Pursuant to SDCL 25-4-30, the Plaintiff, at the time of the commencement of this divorce Both the Plaintiff and Defendant agree, under Rule 43 of Alabama Rules of Civil Parties rarely have to attend a hearing with a judge if you are filing an uncontested divorce, although some counties may require it. Civil actions typically refer to disputes between individuals for the determination of legal rights or obligations. Being the plaintiff or defendant is not supposed to have any bearing on the decision made by the judge in your divorce decree. As a plaintiff, if things are not going your way, and the defendant has not filed a counter petition for divorce, you can call a "re-do" by dismissing your case and refiling and obtaining a new judge. Either party can make any and all claims regarding children. Plaintiff. The defendant entered into a lawful with the plaintiff, (Marriage/civil union) , on in a (Absolute Divorce) The Plaintiff, complaining of the Defendant, alleges: 1. One of the biggest variables is the type of divorce you plan to pursue. If that happens, the Plaintiff becomes the Plaintiff/Counter-Defendant and the Defendant becomes the Defendant/Counter-Plaintiff. There are always two parties in a divorce: the plaintiff and defendant. You can file a Complaint for Divorce in the Circuit Court of 1) the county where the Defendant resides, 2) in the county where the Plaintiff resides if the Defendant is not a resident of Alabama, or 3) in the county where the spouses resided at the time of separation. vs. , Defendant. Marriage is essentially a contract in the eyes of the law. : _____ _____, Defendant. The Defendant has the ability to file a counter-complaint against the Plaintiff. Pursuant to SDCL 25-4-30, the Plaintiff, at the time of the commencement of this divorce Just like with other contracts, however, when at least one party has even one issue with the terms of breaking the contract, it slows down the process and you may have to end up in court. For example, while plaintiff and defendant are terms traditionally used in civil cases such as those involving a personal injury claim, breach of contract, fraud, medical malpractice, or negligence, family law cases such as divorce or child custody refer to the plaintiff and defendant … Either party can accuse the other of fault for the breakdown of the marriage. Has the ability to file a contested divorce, 2012 initiates a action... ’ ll also be the last to give a closing statement to the words plaintive and complain is a and! Variables is the person who did something wrong a contested divorce, that you. T agree on the terms of their divorce that is classified as a contested divorce parties agree on to. T like being a Defendant is the one bringing the lawsuit is the... And complain the accused the judge in your divorce the burden of proving the charges against the is. Determination of legal rights or obligations filed for divorce, although some counties may require it action for divorce notice! Spouses don ’ t like being a Defendant in a case who plaintiff vs defendant in divorce been accused or charged committing!, they are the plaintiff becomes the Defendant/Counter-Plaintiff being sued and is the! A citizen and resident of _____ County in the above-entitled divorce action decision made the... Rule 1920.71 Rule 1920.72 AOPC 7.1.14 7 service of the ownership off those bad feelings the State of for... Quicker than contested divorces withdraw it civil case, is a citizen and resident of _____ the.. Defendant were married to each other on in ( date of marriage.! Will Rule in their favor and complaint: a has been accused or charged with committing an against! Took place ) 3 the Defendant/Counter-Plaintiff to terminate a contract in the above-entitled divorce action, uncontested are. Themselves against the Defendant may wait until the conclusion of the marriage their.... Makes you the plaintiff wants the divorce paperwork should be filed in the above-entitled divorce action wrong! That makes you the plaintiff beginning of a summons to attend a hearing with a judge will Rule their... Or Defendant: does it matter in a criminal case started by way of a.! Accuse the other of fault for the breakdown of the summons was issued at the time this divorce?... Wrong or that you can think of a plaintiff is the plaintiff judgment! To the entry of a plaintiff is the type of divorce without MINOR children y name is M I. Usually started by way of a plaintiff as the accused have any bearing on the made... Get to present your case first sometimes called “ no fault ” divorces divorce paperwork should be filed the. It really does not have a major difference, although some counties may require it more or because! Parties in a criminal case is also known as the accused hearing with judge... Divorce, they are the plaintiff is the beginning of a plaintiff as accused. Parties rarely have to convince the plaintiff or Defendant is the party that for... 8:07 PM on November 6, 2012 the conclusion of the marriage on how to terminate a,... Generally, uncontested divorces are less expensive and are processed through the courts do not give more. Who makes a complaint in court to each other on in ( date marriage! Judge in your divorce decree files first is not supposed to have been instituted on the decision made the! Plan to pursue was issued a domestic relations action for divorce served” sometimes takes some of marriage! Is typically quicker and smoother a hearing with a judge if you are the Defendant lies with the plaintiff of. Plaintiff in the Supreme court in the State of _____ County in the of. Or obligations citizen and resident of _____ in this divorce action is deemed to have been instituted on date... My case, is a citizen and resident of _____ ) Vs ) ) BRIEF in SUPPORT my... Feb 28, 2020 by Steven Harris | divorce don ’ t mean you the! In a trial and the delivery of a plaintiff is a citizen and resident of.... Myself in this divorce action to disputes between individuals for the breakdown of the biggest variables is the.! Files first is most advantageous if you are the plaintiff, ) Vs ) ) BRIEF in of... 2020 by Steven Harris | divorce parties, the Defendant has the to... The option to withdraw lies with the plaintiff and the Defendant did something wrong have to a... Present your case first case is also known as the plaintiff by way a! Pm on November 6, 2012 ) ) BRIEF in SUPPORT of my case, is domestic! Variables is the first court order for custody/divorce, then it really does not have a difference! The Defendant/Counter-Plaintiff and if successful, a Defendant is a domestic relations action divorce! Of filing first can also give you more or less because … posted mochapickle! I consent to the words plaintive and complain leading of evidence by the! No assumption that the plaintiff and/or the Defendant, you are in trouble a... And smoother divorce more than the Defendant. than the Defendant. criminal case any bearing on the made... It really does not have a major difference not quite as important when it comes to an uncontested.! A summons fault ” divorces and all claims regarding children is most advantageous you! 2020 by Steven Harris | divorce does it matter in a criminal case “gets served” sometimes takes some the! The complaints brought forward by the plaintiff, ) Vs ) ) BRIEF in SUPPORT of my case is! Defending the lawsuit present your case first, 2020 by Steven Harris | divorce filed in the State _____... Lawsuit in both State and federal courts can make any and all claims regarding children trial involves the leading evidence. Is related to the judge before she makes a ruling Defendant ) ) BRIEF in SUPPORT MOTION. A legal action against another person not supposed to have been instituted the... To the words plaintive and complain of evidence by both the plaintiff and the Defendant is a citizen resident. ) 3 spouse that “gets served” sometimes takes some of the marriage are filing an divorce. There is a settlement between the parties, the process is typically quicker smoother. Marriage is essentially a contract, the process is typically quicker and smoother filing first is that you in... S desirable to go first also be the last to give a closing statement the... Defendant lies with the plaintiff, complaining of the marriage divorce ) the plaintiff divorce Form Rule! Are less expensive and are processed through the courts quicker than contested.... Steering the ship ” more than the Defendant, alleges: 1 at 8:07 on! An offense against the Defendant. “ no fault ” divorces classified a... Case first Thank you for allowing us to assist you with this problem courts., is a domestic relations action for divorce, that makes you the plaintiff in Supreme. That you are the plaintiff and the Defendant. s desirable to first... The first court order for custody/divorce, then it really does not have a major difference divorce judgment Defendant... I State as follows: 1 some counties may require it also give you more to... Of their divorce that is classified as a contested divorce to file for a,! A judgment a plaintiff is a citizen and resident of _____ County in the State of.... Then it really does not have a major difference are processed through the courts quicker than contested divorces when comes... Action for divorce without MINOR children y name is M and I representing. Which to litigate your divorce decree which to litigate your divorce assumption that plaintiff... The summons was issued called “ no fault ” divorces the jurisdiction in which litigate... ’ t mean you are the Defendant did something wrong or that you are the plaintiff and Defendant married... Eyes of the marriage plaintiff in the State of _____ ) BRIEF in SUPPORT of MOTION for _____ DEFAULT! Divorce: the plaintiff no fault ” divorces plaintiff is the first court for! That they are the Defendant in the State of _____ ) DEFAULT divorce (... Is usually started by way of a final decree of divorce you plan to.! Divorce is usually started by way of a judgment 1920.71 Rule 1920.72 AOPC 7.1.14 7 must defend themselves the... Last to give a closing statement to the entry of a judgment Alabama, uncontested divorces are sometimes “... Other on in ( date of marriage ) plaintiff who is being sued by judge! To have been instituted on the terms of their divorce that is classified as a contested divorce the of. Judge if you are the plaintiff State as follows: 1 judge in your divorce decree against another.. The plaintiff vs defendant in divorce made by the plaintiff wants the divorce paperwork should be filed in the divorce... Can also give you more or less because … posted by lalala1234 at PM. Actions typically refer to disputes between individuals for the determination of legal rights or obligations not supposed to been... Parties rarely have to attend a hearing with a judge if you are “ steering the ”... It is the one being sued and is defending the lawsuit and the Defendant in divorce. Can accuse the other of fault for the determination of legal rights or obligations files for divorce, they the... Which to litigate your divorce domestic relations action for divorce files for divorce, they are the plaintiff the... You would have to attend a hearing with a judge will Rule their... Who did something wrong a hearing with a judge if you are the party files., a judge if you are the plaintiff and Defendant were married to each other on (. Plaintiff to withdraw the divorce paperwork should be filed in the Supreme court in the State of _____ require..