Petitioner Or Respondent When Filing California Divorce Request For Order

Petitioner Or Respondent When Filing Divorce Request For Order

So I had someone ask a question the other day that I thought was pretty clear, but after the question was posed, I could see the possible confusion.

Lets say you are the Respondent in a divorce case.  And you need to file an RFO also known as a Request For Order because you need some type of temporary orders.

That was the scenario with the person who had called.

So his question was, “if I am the Respondent in the divorce case and I am filing a Request For Order, am I the Petitioner of the Request For Order?”

He felt that although he was the Respondent in the divorce case, he was the one petitioning the court for the Request For Order.

While that may make sense, here is how it works.

If you are the Petitioner or Respondent in the divorce case, you will remain so during the divorce, regardless of what papers you file.  This is true even after the divorce is finalized (post judgment).

Think of the word “Petitioner” and “Respondent” as simply a way of identifying the parties.  Think of it as replacing your name throughout the divorce and you won’t have any trouble.

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