If my husband is the petitioner in our legal separation case, would I then still be the respondent when I file for temporary

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spousal support? I know there has to already be a case open, so do I use that case number and continue as the respondent or would I know become the petitioner because Im filing a claim asking for spousal support? Please help Im stuck and I need to file quickly

Attorney Answers

2
Edna Straus ·
You will still be the Respondent. Good luck.
0 upvotes
Gregory Benton ·
The initial filing of a new case determines who the Petitioner is and who the Respondent is. When you file a motion or RFO that is not a new case but you are asking the court to decide a smaller issue within the larger case. We keep the designation of Petitioner and Respondent consistent as a means of identifying the parties even though the Respondent files a motion or RFO. When you file a motion or RFO, then you are legally called the moving party. The other side is the responding party - not to be confused with the term Respondent. So, you would still put your name in the part of the RFO designated for Respondent even though you are the moving party on this issue within the larger legal separation case.
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