Is it better to file for separation first?

Is it better to file for separation 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.

Is it better to be the petitioner or the respondent in a divorce?

There is often very little advantage or disadvantage to being the petitioner as opposed to the respondent. As the petitioner is the party effectively bringing the divorce, unless they are relying upon the parties having been separated for more than 2 years, they will have to assign some form of blame to the respondent.

Can you divorce if you still live together?

If you are both living at the same address at the date of your divorce hearing or intend to keep living in the same home, the court might not grant your divorce application. The court cannot grant a Divorce Order if there is a reasonable likelihood that your relationship will resume.