What Do the Terms “Plaintiff” and “Defendant” Mean in a Divorce Case?

What Do the Terms “Plaintiff” and “Defendant” Mean in a Divorce Case? What are the Roles of the “Plaintiff” Versus the “Defendant”?

When a divorce case is filed with the Court, the divorcing parties are assigned the role of Plaintiff or Defendant. The term Plaintiff refers to the party who initiates the divorce proceedings. To initiate a divorce, the Plaintiff must file what is referred to as the Complaint for Divorce. The Compliant for Divorce sets forth the disputed issues in the case, or at least the issues that the Plaintiff believes are in dispute, which may involve the division of real property, custody, parenting time, child support, and spousal support.

Once the Complaint for Divorce has been filed by the Plaintiff, the case is considered active. The Plaintiff must then put the opposing party, known as the Defendant, on notice of the divorce proceedings by serving the Defendant with the Complaint for Divorce. Once the Defendant has been served with the Complaint for Divorce, he/she must file what is referred to as the Answer to the Complaint for Divorce. In the Answer the Defendant must attest whether he/she agrees or disagrees with the disputed issues as set forth in the Complaint for Divorce.

Once the initial pleadings have been filed with the Court, either party may petition the Court at any time by way of filing what is referred to as a Motion to settle the disputed issues in the case. Hence, the Defendant is no longer required to wait in defense of the Plaintiff as he/she may initiate a filing with the Court at any time.

The Judgment of Divorce is filed at the conclusion of the case once all the disputed issues have been resolved. It is typically prepared by the Plaintiff or the Plaintiff’s attorney if counsel is retained. Both parties will then appear before the Court to have the Judgment of Divorce entered and finalized with the Court. The Plaintiff, as the initiating party, is required to appear before the Court to have the Judgment of Divorce entered. The Defendant, on the other hand, is typically afforded the option of appearing, however, this practice may vary depending on the Judge assigned to the case.