Today we’re answering the question “Does it matter if I file for divorce first or is there a disadvantage to my spouse filing for divorce and me being the respondent?”.

I get that question all the time, parties calling me saying “oh I think my wife is going to file for divorce, should I file first? Is there any advantage?”

So, because I’m not an attorney I cannot technically give you legal advice but I can point you in the right direction of where to find this information. So what I will do is direct you to the court’s website and they’ve answered the question here for us.

What it says here is ‘Am I at a disadvantage if my spouse or domestic partner files for divorce first?’

1. Normally, it does not matter who is the first to file the divorce papers. The court does not give any preference to the first person to file (the petitioner), or any disadvantage to the person who is the respondent.

So, there you have it folks. It doesn’t matter if you file it first. In fact, I had this question just come up yesterday— one of the spouses called me and he was getting ready to file and he said that he’s advised by his spouse that he is going to run out and file first and I said “That’s fine, let her do it”. According to the courts, they don’t give a preference either way. The paperwork is going to be the same. You’ll just be the respondent instead of the petitioner.

Again, this is Tim Blankenship, owner of SCV Legal Doc Assist. We do provide affordable divorce document preparation services. We can get you all the way through the divorce process at an affordable price.

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