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.
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