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Is There an Advantage to Being the First to File for Divorce
Is There an Advantage to Being the First to File for Divorce?
In my opinion, there is really no advantage to filing a divorce case first
as opposed to having the other party file first. It does not have a large
impact on the case. The only thing it really affects is the order that
you go in if you end up having a hearing in a contested divorce case.
The party who files the case is referred to as the petitioner. The petitioner
always goes first in the hearing. The other party is referred to as the
respondent. The respondent goes second. Really, the only impact who files
first has is the order you go in during a hearing.
Personally, I feel like being the respondent is actually beneficial because
you have the opportunity to respond to the other party’s evidence
and arguments in a way that you might not if you were the petitioner.
In general, I do not think there is any significant advantage to being
the person who files the divorce as opposed to the responding party.
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