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The role of the defendant is drastically different, however. In a lawsuit, the defendantâs aim is to disprove the allegations against him. A major difference between a plaintiff and a defendant is that the plaintiff must present a case. Technically, a defendant could remain silent in a lawsuit and merely leave the burden on the plaintiff. For a defendant to proceed through a lawsuit without presenting any evidence or arguments is not a common strategy.
An opposing party in a divorce case is called the respondent, because he responds to the initial petition that begins the divorce process.Some states require a complaint for divorce rather than a petition. cross-petition, or counterclaim, might require payment of the same filing fee paid by the petitioning spouse, but it allows the opposing spouse to make statements and allegations of his own, and ask the court for what he wants both during the litigation process and in the final decree.