Petitioner vs. Respondent in Divorce

Should I File for Divorce First?

The argument over whether it is better to be the petitioner vs. respondent in divorce has been going on for some time. The truth is that the law does not provide any special privileges to one spouse or the other, regardless of who files. In the end, it usually comes down to who has the stronger case and perhaps (some would argue) whose divorce lawyer does a better job presentign the case.

At Stange Law Firm, PC, we represent clients throughout Missouri, Illinois and Kansas in all aspects of divorce proceedings. Our compassionate and dedicated attorneys have extensive experience in these matters and we know the best approach to helping you secure a favorable result. We will walk you through the entire process and take the time to explain your legal options.

Finding the Best Course of Action for Your Situation

In some cases, there may be advantages to filing for divorce first. If you and your spouse live in different counties, your home county could become the venue when you file with your local court. If you live in different states, and there are children, there might be an advantage to filing first. In addition, the spouse who files first gets to present his or her case first at trial. Spouses who file first make a statement that they refuse to continue being victims or that they are taking control of their own futures. If you feel that divorce is imminent but neither of you has filed, these may be factors to consider.

On ther other hand, some would argue that being a respondent at trial might be advantageous as well. They might argue that it might make greater sense to present their case after their spouse has first shown their cards. Some also might not be sure that they want a divorce. Thus, they make not want to file first.

Either way, when you hire our firm, we will work through all the various scenarios with you, explaining any pros and cons associated with each one. We will listen to all your concerns and goals before we recommend a course of action. Our only goal is to see that your interests are protected above all else.

For more information on the topic, listen to Kirk Stange's podcast titled: Should I file my divorce first?

Contact Our Divorce Attorneys in Missouri, Illinois and Kansas

If you are in need of a divorce lawyer, whether you are the petitioner or the respondent, Stange Law Firm, PC can help. Yontact us online or by phone at 855-805-0595 to schedule a consultation at any of our convenient locations.