When it comes to divorce or dissolution of marriage, there are always two parties. One spouse becomes the plaintiff while the other spouse becomes the defendant. But who is the plaintiff and who is the defendant in a divorce? Why does it matter? The answer isn’t as complicated as many people might think. Here at The Jimenez Law Firm, we want to make sure all of our clients understand the roles in divorce and the benefit of filing for divorce first. What is the Difference Between the Plaintiff and Defendant in a Divorce? The terms plaintiff and defendant are used in almost all civil proceedings . In the simplest legal terms, the plaintiff is the individual initiating the divorce process. When a marriage ends, then typically one spouse will file for divorce. This isn’t to say that the other spouse isn’t aware of what’s going on. In fact, it’s not uncommon for the divorce to be mutually agreed upon at the time of filing. However, in order to become legally divorced, the married co...
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