What Does It Mean When You Waive the Right to File a Response to the Petition?
- It may be helpful to understand the terminology used. A petition is a formal request to the court, asking the judge to make a ruling on an issue in the petition. The person filing the petition is the petitioner or plaintiff, and the party who must reply to the petition is the respondent.
- When an individual files a petition for bankruptcy, his creditors have the right to respond to his petition. They may ask the court to dismiss the bankruptcy petition, object to a discharge of the debt or ask the judge to give their debt priority in a repayment plan. If the amount of the debt is nominal and the creditor has no reason to suspect fraud on the debtor's part, the creditor may choose to waive the right to respond and therefore save the legal fees that would result from writing a response.
- When a spouse files a petition for divorce, he normally states the reason he is seeking a divorce, the division of property he desires, which spouse should have custody of minor children and the amount of child support or alimony he wishes to pay. If his spouse does not object to the allegations he made, the property distribution or other issues, she may choose to waive a response. If she does so, the court will make the final determination and issue a default judgment.
- A grandparent may petition a child's ex-spouse to secure visitation rights with their grandchildren. If the child's custodial parent has no objection, he may waive his right to respond. Perhaps a 16-year-old in foster care has already completed high school and petitions the court to be an emancipated minor. If the Department of Social Services does not object, the agency may waive its right to respond.
- If a respondent feels that the petitioner's case is so frivolous that the Supreme Court will refuse to hear the case, the respondent may waive a response. A case appealed to a state or district court may also be considered too insubstantial to warrant a response from the respondent. If, however, the judge feels it is necessary, he may order the respondent to reply or to appear before him to offer testimony.
