Illinois Divorce: Does It Make a Difference Who Files First?
In Illinois, divorce cases are filed in the trial-level “Circuit Court” in the particular county where the spouses reside. The spouse who files the petition for divorce is called the “petitioner,” while the spouse responding to this action is called the “respondent.” Spouses are not called the “plaintiff” and “defendant,” because Illinois has a “no-fault” divorce resulting from irreconcilable differences. As such, a mere petition for divorce is sufficient instead of a full-blown lawsuit. For spouses living in the same Illinois county, the court in that county will take the case. There should be no difference in the outcome depending on who files first. While the petitioner gets the right to state her facts first and make a last rebuttal, most, if not all, judges are able to look at the merits of the case, unprejudiced by the mere order of argument presentation. However, the petitioner, by initiating the case, sets important deadlines within a certain range. The respondent must present
