What Does It Mean to Be the Plaintiff in a Divorce?

In regard to divorce or dissolution of marriage, there are always going to be two parties. One spouse is the plaintiff whereas the other spouse is the defendant. However, which is which in divorces? And does it really matter? The answer is not as complex as a lot of people might think. Here at Ogborne Law, we want to be sure all of our clients realize the roles in a divorce and the advantage of filing for divorce first.

What is the Difference Between the Plaintiff and Defendant in a Divorce?

The two words plaintiff and defendant are used in just about all civil cases. In the most basic legal terms, the plaintiff is the person initiating the divorce process.  When a marriage concludes, then usually one spouse is going to file for divorce. That’s not to say that the other spouse is not aware of what’s happening. Actually, it’s not uncommon for the divorce to be collectively agreed upon at the time of filing. Nevertheless, for the purpose of becoming legally divorced, the soon-to-be ex-spouses are required to adhere to the legal procedure to terminate their marriage.

In divorce cases, the plaintiff might also be known as the petitioner as the execution of filing the divorce involves filing a Petition for Divorce. This form officially tells both the soon-to-be ex-spouse and the judge that you are requesting the marriage be legally terminated.

The defendant is the individual that is served with the divorce papers following the plaintiff filing for divorce. As the defendant gives a response to the Petition for Divorce, they are additionally commonly known as the respondent.

Does it Matter Who Files for Divorce First?

In a lot of cases, it doesn’t really matter who starts the divorce proceedings. The court does not grant more or less based on the idea of who filed first. Nor will the court suppose you are the aggrieved party should you file first. Additionally, court costs seem to be likewise for both the plaintiff and the defendant with only slight differences.

Some spouses prefer to file first because it enables them to outline their requests from the beginning. Nevertheless, some individuals like to allow their spouse to initially file to get a better comprehension of what they are interested in. In any case, the court is not going to favor one individual over the other based on beneficial position.

Filing for Divorce

Whereas some people are completely taken by surprise when their spouse files for divorce, others tend to actually know. In any case, the divorce process can be emotionally, mentally, physically, and financially exhausting, even in the best of circumstances. This is the reason why hiring a qualified attorney is so important. An attorney can help you start the divorce process on the right out the gate by making sure all forms is filled out properly and that everything is in order for the proceedings to start.

Source: 

1. 1. 1. “What Does It Mean to Be the Plaintiff in a Divorce?” Retrieved on October 22, 2025 from https://www.thejimenezlawfirm.com/what-does-it-mean-to-be-the-plaintiff-in-a-divorce/

Ogborne Law, PLC In Scottsdale, AZ

Discussions about child custody issues are always difficult during a divorce. While there is no way to make them easy or comfortable, you can find ways to work together. The collaborative divorce process helps with tools and professionals to make child custody and other decisions a little more manageable. By working together as a team, you’re able to make the decisions that are best for the kids.

Collaborative divorce can make these challenging times more manageable. It requires you to work with your spouse at a time when you have decided you need to go your separate ways. When it comes to child custody, though, you want to do all you can to make the right parenting decisions. Collaborative divorce can help create pathways for you to cooperate. If you live in the Phoenix/Scottsdale area and want to learn more about collaborative divorce, contact Ogborne Law today.