Who should ask for a divorce first?

Who should ask for a divorce first?

When filing first you are the plaintiff and get to speak first. Your spouse is the defendant and has a chance to respond. The plaintiff gets to reply to the defendant's response. The defendant only gets one chance to make their arguments.

Does an uncontested divorce go before a judge?

filing for divorce online

Marital settlement agreements can be entered into at any time before the final judgment. If the divorce is uncontested and a marital settlement agreement is filed, the spouses may not need to go to court. In that case, all legal documents can be filed with the court, and the judgment can be sent to you.

Is it better for me to file for divorce first?

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. If the matter should go to a hearing, the person who files the petition usually presents his or her case first.

Does it matter who files for divorce first in South Africa?

There is no formal trial, and only the plaintiff appears in court. In an uncontested divorce, the parties agree prior to the divorce on how to divide their assets and, if there are children involved, which parent will become the parent of primary residence and which will be the parent of alternate residence.