Does it matter who the petitioner is in a divorce?

Is there any advantage to being the petitioner in a divorce?

The main advantage is that the petitioner gets to set the tone of the divorce process. For instance, they can choose to either blindside their partner, which may lead to a contentious and drawn-out divorce, or they can inform them before they file the paperwork in court.

Is it better to be petitioner or respondent in divorce?

The name given to the spouse that files first for divorce is the Petitioner and the spouse that files second is called the Respondent. The clearest advantage to filing for divorce first is that at trial the Petitioner gets to present his/her evidence first. … This advantage is not big enough to rush your divorce.

Does it matter who serves who first in a divorce?

You get first choice for professional help, like attorneys.

If your marriage has deteriorated to the point where you’re considering a divorce, acting first allows you to have first choice of local attorneys. You can choose a divorce lawyer who will fight for your rights and for the best terms possible.

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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.

What can be used against you in a divorce?

Anything you put in writing can be used against you and is fair game for the opposing party. However, if your ex plans to use texts or emails not directed toward them, he or she must be able to show that they had the authority to access the information.

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.

Who pays the divorce fee?

As a general rule, a wife cannot force her husband to pay for their divorce. Each party in the divorce action pays for his or her attorney fees and costs. However, there are circumstances in which a judge may order a husband to pay the wife’s attorney fees and costs.

What does it mean to be a petitioner in a divorce?

In a divorce case, the person who starts the court case by filing the petition is called the “petitioner.” The other spouse is called the “respondent” because that spouse can file a paper answering the petition that is called a “response.”

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Who filed for divorce most often?

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.

Does the respondent have to pay for divorce?

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 petitioner can ask for the respondent to pay their costs in a fault-based divorce, or in a 2-year separation case if they both agree.

Does it matter where you get divorced?

Most states, including California, have a “residency requirement” to get divorced in state court. Not only does California require that you have lived in the State of California before getting a divorce in CA, it also requires that you lived in the county where you will be divorced.