Is it better to be petitioner or respondent?
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 if you are the petitioner or respondent in a divorce?
The petitioner is the party who files for the divorce, and the respondent is the party who receives the petition and must respond. In California, neither party has an advantage. It’s only a matter of who wants to take the first step toward the dissolution of marriage.
Is there any advantage to being the petitioner in a divorce?
One of the main legal advantages that a person gains by filing the divorce petition before his or her spouse does is that the filer can request a Standing Order from the court when filing the petition. This can be important if the spouse filing divorce suspects that the other spouse will attempt to hide assets.
Can a petitioner stop a divorce?
You Can Withdraw a Divorce Petition If a couple changes their mind about divorcing and want to remain married, they can withdraw their divorce petition to stop the process before it begins. Soon after submitting your divorce papers to the local court, you should go to the county clerk and ask for the petition.
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.
Is it better to file for divorce first in California?
There really is not distinct advantage during the pendency of a divorce case to be the Petitioner or the Respondent. Most legal experts believe that there is little legal advantage to who files first because California is a no-fault divorce state, so the court really doesn’t care who files the petition first.
Does it matter who files for divorce first in Virginia?
No court will favor your submissions simply because you filed them before your spouse or ex-spouse. However, the answer is “yes” for two important reasons: (1) filing first means you can set the pace of the litigation, and (2) you get to speak first and last in the event your case goes to trial.
Does it make any difference 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.
Can you remarry after divorce?
There is a minimum statutory six-month waiting period before you can remarry in the state of California. Be advised that nothing will automatically happen six months after you file for divorce. This is where the court grants your divorce so you can remarry or file taxes as a single person.