Does It Matter Who Is The Petitioner/Applicant In A Divorce?
Does it matter who is the petitioner/applicant in a divorce?
It matters less who is the petitioner (the spouse who initiated the divorce) and more who has the best interests of their children in mind. The court will always look to serve the best interests of the children, with a few exceptions. For example, if one parent has committed domestic violence against the other parent, or if one parent abandoned the other for an extended period of time, then it may be more likely that a judge will grant custody of the children to their parent who was not at fault. However, in most cases, it is up to both spouses to work together in order to come up with a custody arrangement that works for them.
The petitioner is the one who files for divorce. The respondent is the other person, in this case, your husband. The petitioner is always the one who initiates the divorce proceedings, but what happens after that depends on state law and the circumstances of your case. If you are seeking a no-fault divorce, there will be little difference in how your case will proceed, whether you are the petitioner or respondent. You may have to sign some paperwork or go to court, but there is usually no difference otherwise. However, if you are seeking a fault divorce, then there may be some serious consequences depending on who is filing for the divorce.
If you have any questions or need a Divorce Lawyer, please call this law firm for a free consultation.
Ascent Law LLC
8833 S Redwood Road Suite C
West Jordan UT 84088
(801) 676-5506
