Does it matter who files first for divorce?
It does not matter who files first or starts the divorce. One spouse must be the PetitionerThis term refers to the person or party who filed the original lawsuit. Defined in the rules as, “The person or entity [who] files the first petition.” ARFLP Rule 3(f)(1). In family law matters, some people develop an emotional attachment to being the Petitioner vs the Respondent…Read more about Petitioner and the other spouse must be the RespondentThis term refers to the person or party on the receiving side of the original lawsuit. Defined in the rule as “any opposing party other than the petitioner.” ARFLP Rule 3(f)(2). See also Petitioner.Read more about Respondent. There is no advantage or disadvantage to either (other than perhaps assignment of the courthouse nearest to the Petitioner).