Who is the Petitioner? And Who is the Respondent?

When filing a divorce petition the party that files the Petition for Dissolution of Marriage (requests) the divorce is called the Petitioner.  The other spouse who will respond to the divorce is called the Respondent.  Often these labels can be confusing to self-represented litigants.

The caption (Name) of the case will always list the Petitioner and the Respondent according to who filed the petition and response. These titles do not change.  If you need to file an action to obtain visitation orders, or a domestic violence restraining order etc., and you are the respondent, even though you are asking (Petitioning) the court for orders you should not list yourself as the Petitioner.  I know this can be confusing, but you will be called the Respondent and the Moving Party because you are the party moving the court (requesting) the orders. You will file a Request for Orders on form FL-300 formerly called an Order To Show Cause or Noticed Motion.

If you have a need to go to court on the motion/request for order you will see labels on the table that indicate where the parties should stand.

For further information regarding filing a request for order or domestic violence restraining order please contact the Domestic Violence Lawyers at 714-971-8000. Call today for your free 60-minute consultation!



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Who is the Petitioner? And Who is the Respondent? was last modified: October 21st, 2014 by Bettina Yanez

Written by

Bettina Yanez

Attorney Bettina Yanez is a recognized top Orange County Divorce & Family Law Attorney. She is Certified by the California State Bar Board of Legal Specialization, as a Family Law Specialist, this means that she is skilled in the following areas of law, divorce, child custody, child support, child visitation, mediation, legal separation, modifications, restraining orders, paternity, prenuptial agreements, property division and all other matters that fall under California Family Law.

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