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Main Forums => Dear Socrateaser => Topic started by: Ref on Oct 16, 2005, 06:11:15 AM

Title: Who is the petitioner and who is the respondent?
Post by: Ref on Oct 16, 2005, 06:11:15 AM
Dh is filing for modification of CS. His ex was the petitioner in the original CS order. Is he now the petitioner or does he maintain respondent status?
Title: RE: Who is the petitioner and who is the respondent?
Post by: socrateaser on Oct 16, 2005, 10:40:09 AM
>Dh is filing for modification of CS. His ex was the
>petitioner in the original CS order. Is he now the petitioner
>or does he maintain respondent status?

The nomenclature never changes, unless you are issue a new case number. Whomever is issued the case number is the Petitioner (or Plaintiff, depending on the jurisdiction).
Title: In WI it does change per WI new family law statute
Post by: smtotwo on Oct 17, 2005, 09:14:16 AM
It's not really new,. January 2004, but
DH filed pro se and we filled out paperwork with DH as petitioner.
When we finally retained an attorney she reprimanded both of us for not lisitng DH as respondent.

I had to show her the wording in the statute that says Who ever is filing with be the petitioner, regardless of who was petitioner in original filing.

Title: RE: In WI it does change per WI new family law statute
Post by: socrateaser on Oct 17, 2005, 11:07:13 AM
>It's not really new,. January 2004, but
>DH filed pro se and we filled out paperwork with DH as
>petitioner.
>When we finally retained an attorney she reprimanded both of
>us for not lisitng DH as respondent.
>
>I had to show her the wording in the statute that says Who
>ever is filing with be the petitioner, regardless of who was
>petitioner in original filing.

Good info for your jurisdiction, and definitely a change from the common law doctrines.
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