Here’s a list of important terms to know when divorcing in California.
Petitioner-
The person asking the court to grant a divorce. The petitioner can dismiss the case if they change their mind.
Respondent-
The person against whom the legal action is being taken. The Respondent may or may not respond to the petition, but cannot stop the divorce against the Petitioner’s wishes.
Petition-
The document the Petitioner uses to ask the court for a divorce. In the petition, the petitioner can also ask the Court to determine how assets and liabilities are distributed, to order the Respondent to pay alimony, to establish a Parenting Plan, order child support and/or restore a former name. However, in cases that are to be filed with agreement, these issued can be reserved and addressed in the Stipulated Agreement.
Personal service-
The act of giving the Respondent the filed Petition. The Petition must be served to the respondent by someone over the age of 18 who is not a party to the case.
Notice of Acknowledgment of Receipt-
This form shows the court that the Respondent has received the petition from the Petitioner if the Petition was served by mail.
Response-
Once served, the Respondent has 30 days to file a Response to respond to the requests the Petitioner has made to the Court in the petition. This is important if you are not filing with agreement. The respondent will have to pay a $435 filing fee to file this document.
Default with Agreement-
If no response if filed, the parties can still come to agreement and submit their Stipulated Agreement to the court. This enables the Respondent to have a say without paying the $435 filing fee.
Stipulated Agreement-
These documents outline the Petitioner’s and Respondent’s decisions regarding division of assets and liabilities, spousal support (alimony), child support, and Parenting Plan.
This is by no means an exhaustive list of divorce term definitions and documents, but some help to assist you in understanding the basics. If you have further questions, give Peace Plan Divorce a call at 949-648-7838, or click here to start your case now. We’re here to serve you.
CC photo courtesy of Andrew Malone via Flickr