Does it make any difference who files for divorce?

Does it make any difference who files for 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.

Does it matter who is the petitioner in a divorce?

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.

Can you get divorced if one party doesn’t want to?

You can still get a divorce even if your spouse does not want one. States do not force a couple to stay together if one person no longer wants to be married. However, it can definitely complicate the process if the other party does not want to go through with it.

Can a husband sue his wife?

Spouses can sue one another for anything for which non-spouses can sue one another. The common law (case law) rule prohibiting one spouse from suing his/her spouse was called interspousal immunity. The interspousal immunity rule was based on court holdings that by marriage, a husband and wife become one person in law.

Can you sue someone for ruining your marriage?

No one wins in an adulterous relationship—least of all is the jilted spouse—but luckily, there is legal recourse for some situations: You can sue someone for breaking up a marriage. You may file a suit charging the other man or the other woman with intentionally interfering in your marital relationship.

Can you go to jail for cheating on spouse?

Unfortunately, cheating is not illegal in California and not punishable by any jail time or money. (California IS a community property state though, with very generous alimony laws).

How do cheaters react when accused?

#1 They deny the whole thing. Perhaps the most common answer to ‘how do cheaters react when accused’ is that they deny it ever happened. They lie and say that whoever told you is also lying, they say that they would never do that to you, they just flat-out completely deny that the whole thing ever occurred.