I am the Respondent in a divorce case, can I file a request for judgment with all the forms if petitioner signs them as well?

Asked 6 months ago - Santa Clara, CA

What Im asking is can my name be at the top of the forms even though im the Respondent? If I write them up the Petitioner is willing to sign them.

Attorney answers (3)

  1. David Alexander Yomtov


    Contributor Level 16


    Lawyers agree

    Answered . It is completely irrelevant whose name is on top, just as it is irrelevant who is the Petitioner and who is the Respondent.

    Your rights are the same, either way.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Leslie Faye Juris

    Contributor Level 11


    Lawyer agrees

    Answered . Yes you can. Either party may file the documents needed to obtain a Judgment.

  3. Luz Eliana Phelps


    Contributor Level 10


    Lawyer agrees

    Answered . The characterization as a Petitioner or Respondent is important for purposes of acquiring jurisdiction, the first party to file the petition with the court and to serve the summons and the petition on the other party will determine the court that will entertain the action if there are two courts with equal jurisdiction based on the place of residence of either one of the spouses at the time the petition is filed and the summons are served and proof of service is filed with the court.
    If you are filing for a request for judgment, you must identify yourself as Respondent as you have been identifying yourself during all the stages of the divorce proceedings. either one of you can prepare and submit forms to the court when the type of action you are asking the court to take is proper for the stage of the procedure and a judgment can be requested.
    You just submit the forms for the other party (petitioner) to sign it and you will submit the form to the court with the proper identification of the parties. Because you are the party requesting the court to take an action does not mean that you must be the petitioner and not the Respondent. As indicated above, you are entitled to request the court to take an action that is proper when that action can be taken independent of your participation as petitioner or respondent.'

    This response is intended as a legal advise but at no time will constitute attorney client privilege or serve the... more

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