Q: In a Motion to Modify, does the original Petitioner/Respondent remain the same as the original divorce?
I recently filed a Motion to Modify for my previous divorce. I am representing myself and the response I received from my wife's attorney states her as the Petitioner and me and the Respondent. This is a little confusing for me as I am the one who filed the motion to Modify. However, she was the one that filed the original divorce.
Since she filed the original divorce, is she always going to be listed as the Petitioner?
A: Yes, you remain labeled as the Respondent. You are modifying the original judgment where you were the Respondent so it stays the same. However, since you filed the motion to modify, you get to present evidence first. If she has an attorney, you may want to seek legal counsel for full or limited representation to best protect your rights.
2 users found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
