Legal Definitions - affirmative relief

Affirmative relief refers to a remedy or outcome that a party in a lawsuit seeks from the court, which goes beyond merely defending against a claim or preventing an action. Instead, it involves asking the court to compel the opposing party to perform a specific action, grant a particular right, or provide a tangible benefit to the party requesting it.

Essentially, when a party seeks affirmative relief, they are asking the court to *do something positive* for them, rather than just declaring something or stopping an action. This type of request often comes from a defendant who files a counterclaim or cross-claim, but it can also be a primary request made by a plaintiff.

• Example 1: Contract Dispute with Counterclaim

  A software development company sues a client for unpaid invoices, claiming the client failed to pay for completed work. The client, however, believes the software delivered was faulty and did not meet the agreed-upon specifications. In response, the client files a counterclaim asking the court to order the software company to refund the payments already made, compensate them for losses incurred due to the faulty software, and cover the costs of finding a new developer. This request for a refund and compensation is an example of affirmative relief because the client is not just defending against the claim of non-payment; they are actively seeking a positive financial outcome and specific actions (refund, compensation) from the court against the software company.

• Example 2: Divorce Proceedings Seeking Support and Property Division

  During a divorce, one spouse petitions the court not only for the dissolution of the marriage but also requests that the court order the other spouse to pay spousal support (alimony), child support, and equitably divide marital assets and debts. These requests for support payments and a specific division of property constitute affirmative relief. The spouse is asking the court to compel the other party to provide ongoing financial assistance and to actively redistribute assets, rather than simply agreeing to the divorce itself.

• Example 3: Property Dispute Requiring Removal of an Encroachment

  A homeowner discovers that their neighbor has built a new shed that extends several feet onto their property. The homeowner files a lawsuit asking the court to declare that the shed is indeed on their land and, crucially, to issue an order compelling the neighbor to dismantle and remove the encroaching shed. The demand for the neighbor to physically remove the structure is a clear instance of affirmative relief. The homeowner is seeking a positive, specific action from the court that will alter the physical situation and restore their property rights, rather than just a declaration of ownership.