Does it matter which spouse files for divorce first?

Does it matter which spouse files 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.

Is there a disadvantage to filing for divorce first?

The Disadvantages of Filing First You Alert Your Spouse to Your Demands –When you petition for a divorce, you usually have to list your desires or demands. Sometimes Pay More Fees – The individual who petitions for a divorce first might have to pay the filing fees.

Who files divorce first?

By filing first you are the plaintiff and she will be the defendant. At trial, if your divorce case goes that far, you would go first. In deciding when to file you don’t need to worry about a reason.

Do you have to wait 12 months for a divorce?

Separation. Separation generally means living apart from each other. It can be unilaterally initiated by either spouse, or mutually decided. To prove that your marriage has ‘irretrievably broken down,’ in order to obtain a divorce, you must have been separated for at least 12 months.

Can I get a divorce before 12 months?

How long must I be separated before I can apply for a divorce? You can only apply for divorce in Australia after you have been separated for a period of at least twelve months. If you have been separated, but reconciled for 3 months or more, then the 12 months period starts after the reconciliation.

What is the most common reason for divorce?

The most commonly reported major contributors to divorce were lack of commitment, infidelity, and conflict/arguing. The most common “final straw” reasons were infidelity, domestic violence, and substance use. More participants blamed their partners than blamed themselves for the divorce.