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. Taking control of the divorce process On balance the person who initiates the divorce is in a more advantageous position.

Orange County Divorce Process Flowchart Infographic Divorce Process Divorce Divorce And Kids

Divorce appears to be the easy-way out instead of facing the problems that started the conflict in the first place.

. A respondents age at time of registration of domestic partnership or marriage. Two Advantages and Two Misconceptions about Filing First for Divorce Advantages 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 petitioner has the responsibility of filing and processing the divorce.

The one who files for divorce first has the advantage of being identified as the Petitioner while the other party is known as the Respondent. I filed for divorce. The only advantage of being the respondent is that you dont have to pay the filing fee at the start.

I thought I would provide an update on my situation. However only if you are high functioning under pressure. Yes it certainly felt better to be the petitioner degrees of awful I suppose.

There is no advantage to being either the petitioner or respondent in a divorce. Is there an advantage to being the petitioner to a divorce. You Feel More in Control During Divorce if Youre the Petitioner.

Being the petitioner or the respondent in divorce doesnt make much difference. They have more control over the speed and timing of proceedings which can affect such things as plans to remarry. Though you may have amicably agreed to divorce one of you needs to start the process.

Otherwise theres no difference in the terms. A petitioner is a person who has initially asked for the divorce. There are some advantages for the person who files for divorce also known as the petitioner but the advantages do not compare to the internal turmoil that results which is why you should consider being the respondent instead.

A person would have had time to collect copies of all important legal documents such as deeds bank and investment account statements wills life. There is often very little advantage or disadvantage to being the petitioner as opposed to the respondent. Arizona is a no-fault divorce state so you dont need to have any reasons for getting a divorce other than its something you want to do because you and your spouse no longer want to be together.

This would not be for much and unlikely to be more than the court fee paid by the petitioner in applying for the divorce. In the end it usually comes down to who has the stronger case and perhaps some would argue whose divorce. The clearest advantage to filing for divorce first is that at trial the.

This is a question we get asked a lot and its a hard one to answer. Petitioner or the respondent. The thought of divorce starts brewing when there is conflict percolating that goes unresolved.

They are simply terms. The response should indicate why the petitioner should not win the case and may include additional facts. 1 Divorce Legal separation of the marriage or domestic partnership based on a irreconcilable differences.

Financial benefits of filing for divorce first. Being the first spouse to file divorce means that a person can begin the proceedings at a time when he or she is financially prepared to do so. They are also more likely to be awarded costs.

The respondent must usually file a formal response or answer to the petition to ensure that the judge hears his side of the lawsuit. Respondent in divorce has been going on for some time. Article by Megan Thompson.

The respondents role can be a little less strenuous but only if the divorce is amicable. Whoever has the stronger case and a better lawyer will end up winning. The only consequences for you as a named co-respondent would be some hassle and inconvenience plus the possibility that a costs order is made against you.

In a divorce the petitioner and the respondent have very different roles. B prior existing marriage or domestic partnership. Consequences for you as a named co-respondent.

For the most part it doesnt matter. One of the common questions that come up is whether its better to be the petitioner or the respondent. For example in a divorce case the respondent is the spouse who did not initiate the divorce proceeding.

Thank you all who responded. I went to see four lawyers as I couldnt decide who to select. Right out of the gate being the respondent puts you on the defensive.

The argument over whether it is better to be the petitioner vs. Colorado law does not grant any specific privileges or advantages to either party. About Filing The clearest advantage to filing for divorce first is that at trial the Petitioner gets to present hisher evidence first.

There are various pros and cons of being a petitioner and a respondent as mentioned below. The petitioner can also control the speed of the proceedings which in some situations can inconvenience the respondent especially if theyre looking to re-marry. As the petitioner is the party effectively bringing the divorce unless they are relying upon the parties having been separated for more than 2 years they will.

According to divorce law it doesnt matter if youre the petitioner or the respondentthe court will treat you fairly and will not provide any special privileges to either party. The respondent is the spouse who has received the request. All states in the US accept no-fault divorces so filing first wont impact separation.

However being the plaintiff has some advantages as they have greater control around the timing of the separation and other factors. Youre not asking for the terms you want youre. The petitioner is the one who is leading the divorce so in the majority of cases means they have to do a lot more than the respondent this can be very time-consuming and stressful.

That person will be the petitioner from that point on. Is it better to be the petitioner or respondent in divorce. There is no advantage or disadvantage to being either the petitioner or respondent.

If you are a decision maker and the other person is challenged in the decision department you should probably consider being the petitioner. I am trying to separate my anger and pain from the legal process. However it is worth considering the following.

1 attorney answer 1 found this helpful 2 lawyers agree Posted on Nov 14 2017 The only advantage of being the petitioner is that you get to decide when and where the divorce is filed. It does have to just get done. The truth is that the law does not provide any special privileges to one spouse or the other regardless of who files.

For the most part it doesnt matter. Is it better to be the petitioner or respondent in a divorce.

Those Who Get Divorced Often Wonder If They Should Keep Or Change Their Legal Names Everyone Who Gets A Divorce Should Ta Divorce Change My Name After Divorce

This Free Printable Form Serves As A Decree Of Divorce To Be Used By A Judge Or Mediator To Det Printable Divorce Papers Divorce Papers Marriage Advice Books

While The Rules Of Divorce Can Change From Jurisdiction To Jurisdiction And Divorces Themselves Can Be Amicable Or Confrontational Divorce First Step Petition