Does it Make a Difference Who Files the Divorce Petition?
It doesn’t make much difference who files the Petition. Legally, the difference between the Petitioner (the person who files the Petition) and the Respondent (the person who receives the Petition) is very subtle. For example, in the event of a trial, the Petitioner gets to choose whether or not to be the first to testify in court. As a practical matter, over 98% of all divorce cases settle before a trial. As you can see, in most cases, legally it won’t matter who files the Petition. It may make a difference to you emotionally who files the Petition, however, because the Petitioner is the person who is legally asking the Court for the divorce. For many Couples , this is an emotionally meaningful decision.
