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Filing a Petition If one of the spouses does not attend divorce proceedings or agree to the divorce, the court will likely issue a default judgment and grant the divorce to the petitioning spouse.
The right to petition is protected by the First Amendment in the Bill of Rights. Although often overlooked in favor of other more famous freedoms, and sometimes taken for granted, many other civil liberties are enforceable against the government only by exercising this basic right.
DEFINITION: A petition is a written request to the court for some type of legal action grant a divorce, for example. The person who asks for legal action is called the petitioner and remains the petitioner throughout the case. Types of Family Court Petitions: Divorce. Divorce involving relocating (moving) children.
Important. More generally, a petition is a formal request advocating for a cause and addressed to an authority. Many signatures are often sought in order to demonstrate support for the cause.
to make a formal request for a decision or action, especially from a court of law: He could have petitioned for the appeals court to consider his request.
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The judge will either grant or deny the motion. If it is granted, the case is over and the defendant wins. If the motion is denied, as it usually is, the defense is given the opportunity to present its evidence. Diagram of How a Case Moves Through the Courts.

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