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Petitioner

Tags:
Motion
Service of Process
Please note that the legal information presented on this page is written for those living in the state of Illinois.

What Does it Mean?

The petitioner to a civil court case is the person who asked the court to start the case. This is done by filing a petition with a court and serving the other party, who is called the respondent.

Things You Should Know

The person that becomes the petitioner to a case will be the petitioner for the rest of the case. The same is true for the respondent.

See Related

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Articles
Definitions
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Definitions

Modifying a (Marital) Settlement Agreement

Certain aspects of a (martial) settlement agreement may be modified, but ONLY IF it can be shown to a judge that doing so is in the best interests of both parties and/or their children.A substantial change in one's financial circumstances, such as a change in employment status or the added presence of a mental or physical disability, may warrant a
Read more

Filing an Appearance

Filing an appearance is the next step for the respondent to a civil court case to take after the petitioner to the case files a petition and serves the respondent with a notice of summons. An appearance is a document that confirms the respondent will either be represented by an attorney, or represent themselves as their own attorney (pro se) during
Read more

Motion to Reconsider

A motion to reconsider is a notice of motion that can only be filed within 30 DAYS of receiving a court order you disagree with.For example, if you have been ordered to pay an amount in child support that you disagree with, you can file a motion to reconsider within 30 days of the order being entered. This will request that the court schedules a ne
Read more

Respondent

The respondent to a civil court case is the person who first received a notice of summons and therefore is required to file their appearance in order to schedule their first court date. The person who originally filed the summons and the original petition is called the petitioner to the case. The petitioner and respondent to a case will continue t
Read more

Terminating a Child Support Order

Terminating a child support order is the process through which a child support order is declared null and void. Once a child support order is terminated, no future child support payments are owed for the child(s) on the order.Generally speaking, there are two valid reasons to terminate a child support order:the child(s) on the order is over the age
Read more

Modifying Parenting Time

A parenting plan (visitation schedule) can be modified to increase or decrease the amount of parenting time a caregiver has with the child(s).A modification may be granted if you can show to the judge that there has been a change in either caregivers capacity to care for the child(s) since the original parenting plan was ordered.Additional reasons
Read more

Modifying a Legal Separation Agreement

If a judge has ordered that you and your partner or spouse are legally separated, and you have experience a significant change in financial circumstances – such as a change in employment status or the additional presence of a mental or physical disability – you may be able to modify certain aspects of your legal separation agreement, including:temp
Read more

Filing a Petition

Filing a petition is the process through which the majority of civil court cases begin. In order for a petition to be heard by a judge in court, a notice of summons must be properly served to the opposing party. Generally speaking, petitions must be filed electronically through the Clerk of Court's website – see here. The party that files the
Read more

Notice of Summons

A notice of summons is a document that is filed when the petitioner starts a civil court case through filing a petition. The summons notifies the respondent that they have 30 days to file their appearance. The respondent must be properly served the notice of summons, or else the entire case may be considered invalid.
Read more

Modifying a Child Support Order

Modifying a child support order is the process through which certain aspects of a previously issued child support order are changed, and a new child support order is created. There are two main reasons for modifying a child support order:1. Modifying the $ amount of child support owed (including alimony and cash-medical support)Depending on the cir
Read more

Service of Process

Service of process is a requirement for filling a notice of summons or a notice of motion. It refers to the process through which the recipient of the summons or notice is made personally aware of the case or of the changes to the case.There are three primary ways to conduct service of process when filing a petition or notice of motion:through the
Read more

Fee Waiver

A fee waiver is an application open to those who cannot afford to pay court fees or any related legal fees, such as filing a petition or filing an appearance. You will need to have the following information to apply for a fee waiver: the public benefits you receive, such as LINK/SNAP, TANF, Medicaid, or SSI the amount income you earned last month,
Read more

Modifying a Custody Arrangement

A parenting plan (custody order) can be modified to change which caretaker has custody of a child(s), but only within TWO (2) YEARS of its originally being ordered. Additionally, a modification will only be approved if you can show to a judge in court that doing so would be in the best interest of the child(s).Modifying a parenting plan may result
Read more

Notice of Motion

A notice of motion is a written request to the courts that a issue a specific court order, or a judgement regarding a particular aspect of the case. Examples of common motions include: a motion to modify a child support order a motion to enforce parenting time (visitation rights); or a motion to appeal a divorce judgementIn order for a notice of
Read more
Show all related Definitions
Hide all related Definitions

Definitions

Modifying a Custody Arrangement

A parenting plan (custody order) can be modified to change which caretaker has custody of a child(s), but only within TWO (2) YEARS of its originally being ordered. Additionally, a modification will only be approved if you can show to a judge in court that doing so would be in the best interest of the child(s).Modifying a parenting plan may result
Read more

Modifying Parenting Time

A parenting plan (visitation schedule) can be modified to increase or decrease the amount of parenting time a caregiver has with the child(s).A modification may be granted if you can show to the judge that there has been a change in either caregivers capacity to care for the child(s) since the original parenting plan was ordered.Additional reasons
Read more

Terminating a Child Support Order

Terminating a child support order is the process through which a child support order is declared null and void. Once a child support order is terminated, no future child support payments are owed for the child(s) on the order.Generally speaking, there are two valid reasons to terminate a child support order:the child(s) on the order is over the age
Read more

Notice of Summons

A notice of summons is a document that is filed when the petitioner starts a civil court case through filing a petition. The summons notifies the respondent that they have 30 days to file their appearance. The respondent must be properly served the notice of summons, or else the entire case may be considered invalid.
Read more

Fee Waiver

A fee waiver is an application open to those who cannot afford to pay court fees or any related legal fees, such as filing a petition or filing an appearance. You will need to have the following information to apply for a fee waiver: the public benefits you receive, such as LINK/SNAP, TANF, Medicaid, or SSI the amount income you earned last month,
Read more

Modifying a Child Support Order

Modifying a child support order is the process through which certain aspects of a previously issued child support order are changed, and a new child support order is created. There are two main reasons for modifying a child support order:1. Modifying the $ amount of child support owed (including alimony and cash-medical support)Depending on the cir
Read more

Motion to Reconsider

A motion to reconsider is a notice of motion that can only be filed within 30 DAYS of receiving a court order you disagree with.For example, if you have been ordered to pay an amount in child support that you disagree with, you can file a motion to reconsider within 30 days of the order being entered. This will request that the court schedules a ne
Read more

Service of Process

Service of process is a requirement for filling a notice of summons or a notice of motion. It refers to the process through which the recipient of the summons or notice is made personally aware of the case or of the changes to the case.There are three primary ways to conduct service of process when filing a petition or notice of motion:through the
Read more

Modifying a Legal Separation Agreement

If a judge has ordered that you and your partner or spouse are legally separated, and you have experience a significant change in financial circumstances – such as a change in employment status or the additional presence of a mental or physical disability – you may be able to modify certain aspects of your legal separation agreement, including:temp
Read more

Filing an Appearance

Filing an appearance is the next step for the respondent to a civil court case to take after the petitioner to the case files a petition and serves the respondent with a notice of summons. An appearance is a document that confirms the respondent will either be represented by an attorney, or represent themselves as their own attorney (pro se) during
Read more

Modifying a (Marital) Settlement Agreement

Certain aspects of a (martial) settlement agreement may be modified, but ONLY IF it can be shown to a judge that doing so is in the best interests of both parties and/or their children.A substantial change in one's financial circumstances, such as a change in employment status or the added presence of a mental or physical disability, may warrant a
Read more

Filing a Petition

Filing a petition is the process through which the majority of civil court cases begin. In order for a petition to be heard by a judge in court, a notice of summons must be properly served to the opposing party. Generally speaking, petitions must be filed electronically through the Clerk of Court's website – see here. The party that files the
Read more

Notice of Motion

A notice of motion is a written request to the courts that a issue a specific court order, or a judgement regarding a particular aspect of the case. Examples of common motions include: a motion to modify a child support order a motion to enforce parenting time (visitation rights); or a motion to appeal a divorce judgementIn order for a notice of
Read more

Respondent

The respondent to a civil court case is the person who first received a notice of summons and therefore is required to file their appearance in order to schedule their first court date. The person who originally filed the summons and the original petition is called the petitioner to the case. The petitioner and respondent to a case will continue t
Read more
Hide all related Definitions
Hide all related Definitions

Articles

What Does it Mean to Quash Service?

This article offers an overview of what it means to quash service. The word "quash" is used to mean something is invalid. Quashing service refers to the process of filing a motion to tell the courts you believe there was invalid service of process in your case. Below, we discuss when and how a person can make a request to quash service to help thei
Read more

Limited Scope Representation

It is no secret that hiring a private attorney is expensive. Recognizing this, some private attorneys offer a cheaper arrangement for providing legal help. One such arrangement is called limited scope representation (AKA unbundled, or a la carte legal services). This article provides an overview of limited scope representation – what it is, and wha
Read more

Legal Advice vs. Legal Representation: What's the Difference?

Lawyers can offer a variety of services to folks seeking legal help. Typically, lawyers argue on their client's behalf in front of a judge in court. When a lawyer represents their client's interests in court, this arrangement is called legal representation. While there are many free and low-cost legal resources in Chicago, some of these attorneys a
Read more
Show all related Articles
Hide all related Definitions

Articles

What Does it Mean to Quash Service?

This article offers an overview of what it means to quash service. The word "quash" is used to mean something is invalid. Quashing service refers to the process of filing a motion to tell the courts you believe there was invalid service of process in your case. Below, we discuss when and how a person can make a request to quash service to help thei
Read more

Limited Scope Representation

It is no secret that hiring a private attorney is expensive. Recognizing this, some private attorneys offer a cheaper arrangement for providing legal help. One such arrangement is called limited scope representation (AKA unbundled, or a la carte legal services). This article provides an overview of limited scope representation – what it is, and wha
Read more

Legal Advice vs. Legal Representation: What's the Difference?

Lawyers can offer a variety of services to folks seeking legal help. Typically, lawyers argue on their client's behalf in front of a judge in court. When a lawyer represents their client's interests in court, this arrangement is called legal representation. While there are many free and low-cost legal resources in Chicago, some of these attorneys a
Read more

When do I have to pay Court Fees?

If you wish to resolve your legal problem in court, you may be required to pay court fees. The requirement to pay court fees depends on the type of legal problem you would like the courts to help with. In this article, we will cover when individuals will have to pay court fees. Additionally, we discuss what to do if you can't afford your court fees
Read more
Hide all related Articles
Hide all related Definitions
SAEF Legal Aid is not a law firm and does not provide any legal advice. SAEF is a legal information provider and is not a substitute for an attorney or law firm. By using SAEF to obtain referrals to legal service providers, you do not enter any form of an attorney-client relationship with SAEF, nor with any of the attorneys to which you are referred.
SAEF is a registered 501(c)(3) not-for-profit organization based in Chicago, Illinois. SAEF's tax identification number is 85-0832245
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