Words Can Make a Difference
Typically, when spouses are involved in court cases, they are referred to as “Petitioner” or “Respondent” by judges, court staff, and attorneys.
In legalese, a Petitioner submits a formal application to a court requesting judicial action and a Respondent is required to answer or defend themselves in response. These are similar terms to Plaintiff and Defendant, which typically contribute to people assuming adversarial mindsets.
California’s Governor Gavin Newsom recently signed Senate Bill 1427 to provide parents in 2026 the option to no longer need use those adversarial labels unless a contested hearing is requested.
It makes a difference when parents no longer need to refer to one another as Petitioner and Respondent, but instead simply by their names. This change can reduce any distance and hostility the language creates because it’s John and Jane Doe who are dealing with their issues, not John as Petitioner and Jane as Respondent.
Words can create a mindset during mediation and avoiding adversarial ones can result in participants coming to agreements.