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Daniel Solutions
Daniel Solutions, Divorce Lawyer
Category: Family Law
Satisfied Customers: 9934
Experience:  Practicing Attorney for over 15 years
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My wife filed for divorce on the grounds of irretrievably broken,

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My wife filed for divorce on the grounds of irretrievably broken, listing herself as petitioner and me as respondent and requested that her attorney fees be reimbursed. I answered on 9/26/12 that the marriage is not broken.
2 questions: why would she use petioner/respondent rather than plaintiff/defendant?

If I file a REQUEST FOR PRODUCTION OF DOCUMENTS AND NOTICE TO PRODUCE to her attorney, do I still reference O.G.C.A sections 9-11-34 and 9-11-26 in paulding county Georgia, or are the codes different when the respondent (defendant) is requesting documents from the petitioner?

My paragraph states (plus the 20+ pages of descriptions):

Pursuant to O.G.C.A sections §9-11-34 and §9-11-26, the above named Respondent herein serves upon you the following Request for Production of Documents & Notice to Produce Documents. You are requested to produce the following documents indicated below for inspection and copying to the Respondent, xx-xxx-xxxx, within forty eight (48) days from the date of this request and at any Court hearing scheduled in this matter.

Hello,

Sometimes there may be a delay in receiving a reply from me as I work on creating the best solution to the question you have presented.

I am sorry to hear that you are divorcing but glad to see you are taking proactive steps to help yourself in this divorce process.

2 questions: why would she use petioner/respondent rather than plaintiff/defendant:

The person seeking the divorce (the "plaintiff" or "petitioner") must file a document in the appropriate Superior Court. This document is called the "complaint" or "petition." A copy of the complaint will be served on the other spouse (the "defendant" or "respondent"). There is no advantage or disadvantage of using either term as they mean the same.

do I still reference O.G.C.A sections 9-11-34 and 9-11-26 in paulding county Georgia, or are the codes different when the respondent (defendant) is requesting documents from the petitioner?:

You can use O.C.G.A sections 9-11-34 and 9-11-26. A party that is engaged in a contested legal matter may make a written request for a document production on the opposing party. The Civil Practice Act as codified in the Official Code of Georgia (Section 9-11-34 (a) (1) & (b)).

Finally your written statement as posted here appear to be appropriate.

I hope you found this answer helpful and I'm here in the future if you have additonal questions.

Have a good day,

Dan

Daniel Solutions and 4 other Family Law Specialists are ready to help you

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