Who Should Be the Plaintiff?
My son is going through divorce mediation. He was told that he and his wife need to be the plaintiff and defendant in this matter. He wasn't sure what to do so he said he took the plaintiff roll. He does not want the divorce, the wife does. While my son was in Iraq, I was called by a private investigator stating that my son's wife was fooling around with her boss and that the bosses wife was bringing charges against her husband and my daughter in law. I DO Know that my daughter in law was supoenaed to go to court about this matter. What took place I don't know. My question to you is - should my son be the plaintiff in this matter as HE loves this woman and doesn't want the divorce but knows that this marriage is not going to work as SHE WANTS OUT? – Donna
Answer:
Donna: Plaintiff and Defendant are just names the court gives to the person filing a complaint for divorce and the person answering it, respectively. If the parties reach a fair and reasonable settlement, then it really does not make a difference which one of them initiates the legal procedure for ending the marriage.
