Deciding whether to file for divorce or to wait for your spouse to do it can have significant legal implications. It is important to understand the differences between being the petitioner and respondent so that you can make an informed decision that best suits your needs.
Let’s take a closer look at what it means to be either party in this situation.
What is a Petitioner?
The petitioner is the person who initiates a divorce usually with the assistance of a lawyer. As the petitioner, you will set forth your claims and ask the court to grant you certain things such as child custody, alimony, or property division.
What is a Respondent?
The respondent is the person who responds to a petition for divorce filed by their spouse. As the respondent, you may ask for different terms regarding matters like support payments or asset distribution.
When Should I File For Divorce?
Deciding whether or not to file for divorce is a deeply personal decision and should only be made after careful consideration has been given to all of your options and consultation with an experienced attorney.
That said, if there are children involved, it may be wise to file first. This way, you can seek temporary orders from the court regarding child custody and visitation. These play an important role during this time of transition.
Should I File for Divorce before My Spouse?
Is it better to be the petitioner or respondent in divorce? If you’re considering filing for divorce, it’s important to understand the implications of filing first or waiting until your spouse initiates.
In many cases, it can be beneficial to file before your spouse does. This gives you time to prepare and organize your case while still maintaining control over certain areas of the proceedings. Filing for divorce first may also provide certain advantages. This is especially true when it comes to the division of property, alimony, and child custody.  You should be aware that waiting could, in some cases, leave you at a disadvantage when it comes to the court’s decision.
Ultimately, the decision of whether or not to file for divorce first is an individual one. It depends on your particular situation. If you are considering filing for divorce, it is important to consult with a lawyer who can help guide you through the process. They’ll also ensure that your rights are protected.
Would you like to know if it’s better to be the petitioner or respondent in a divorce? If you’d like to discuss the benefits of filing before your spouse or you’ve been served with divorce papers from your spouse, contact Geller Family Law at (813) 405-1509.
