Question: Does it matter who files for divorce first in Oklahoma?

Is there an advantage to who files for divorce first?

Filing for divorce before your spouse allows you more control over the situation from the beginning and could provide some strategic options. Filing for divorce first does not give you any inherent rights over your spouse. … By filing first, you will be in a better position to predict when these dates will happen.

Does it make a difference who files first in a divorce?

If you file first, you control when the divorce gets filed. … You have until your spouse files an answer to your complaint to cancel the divorce. By filing first you are the plaintiff and she will be the defendant. At trial, if your divorce case goes that far, you would go first.

Should I petition for divorce first?

In legal terms it should have no impact on the eventual outcome whoever starts the divorce process. However, in some circumstances it does make a difference who petitions for divorce. There may be financial implications, for whoever files the petition will incur additional court costs.

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Who files for divorce the most?

Wives are the ones who most often file for divorce at 66 percent on average. That figure has soared to nearly 75 percent in some years.

What can you not do during a divorce?

What Not To Do During Divorce

  1. Never Act Out Of Spite. You may feel the impulse to use the court system to get back at your spouse. …
  2. Never Ignore Your Children. …
  3. Never Use Kids As Pawns. …
  4. Never Give In To Anger. …
  5. Never Expect To Get Everything. …
  6. Never Fight Every Fight. …
  7. Never Try To Hide Money. …
  8. Never Compare Divorces.

Should I tell my spouse I’m filing for divorce?

Do I have to tell my spouse? No. Technically you can wait until your spouse is served with divorce papers, and have the papers do the telling. It may be considered bad form in most cases — except for abuse — not to have a conversation, however.

Why do divorce papers have to be served by someone else?

This lets your spouse know that papers have been filed at the courthouse to start the divorce process. It also lets them know what is being asked for and how much time they have to respond. For the divorce to actually proceed, the court will need proof that your spouse was served with the petition.

Is it better to be the plaintiff or defendant in a divorce?

There is one advantage to being the one to file the divorce. The person who files the divorce, under the code of civil procedure, is called the plaintiff and the other party is called the defendant. … Another advantage to being a plaintiff is the way a non-suit is handled under the code of civil procedure.

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Does the reason for divorce matter?

The grounds for divorce are considered irrelevant to the court and normally don’t affect the ancillary relief proceedings (the division of marital assets). Although it may appear unfair, the reason for this is because all financial settlements must abide by the legislation and rules in the Matrimonial Causes Act 1973.

Who pays the divorce fee?

The petitioner always pays the divorce fees

Initially, the person filing for the divorce (known as the Petitioner) will always pay the divorce filing fee. The court fees are paid to the court to prove the administration for the divorce process.