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 it matter who initiates 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. If the matter should go to a hearing, the person who files the petition usually presents his or her case first.
What happens if one person doesn’t want a divorce?
If you properly served the divorce petition and your spouse filed an uncontested response, but won't sign off on the final divorce papers, courts in some states may allow the case to proceed as though it's uncontested. You may wait to be assigned a court appearance date.
Do both people have to want a divorce?
Only a few require the signatures of both spouses, and some don't require any signatures at all. A spouse doesn't have to agree to a divorce for it to happen. If he won't cooperate and won't sign a particular document, the court will usually finalize the divorce without his participation.