Does it matter who asks for a divorce first?
Although there is no right or wrong for who files first, there can be advantages and disadvantages. The court and judge usually look at both party’s information equally. However, it can make a difference if you file first.
Is it better to be the one filing for divorce?
One of the main legal advantages that a person gains by filing the divorce petition before his or her spouse does is that the filer can request a Standing Order from the court when filing the petition. If the matter should go to a hearing, the person who files the petition usually presents his or her case first.
What do you need to know about filing for divorce?
Filing divorce papers is the first step in the divorce process. States require that you or your spouse meet the residency requirement of that state in order to have jurisdiction over your divorce.
When to file a response to divorce papers?
The other spouse then has a set period of time, as determined by state law, to respond by filing a written answer. If your spouse serves you with divorce papers, filing a timely response can help protect your interests.
Where do I go to file divorce papers?
From there, the divorce papers are filed in the courthouse of the county that will have jurisdiction over the case, and a copy of the petition is served on your spouse. Since getting the petition started and filing divorce papers can be complicated, many people choose to have a lawyer handle the process for them.
How much does it cost to file divorce papers?
In most jurisdictions, the filing fee ranges from $100.00 to $300.00. If you cannot afford to pay the court’s filing fee, you may be able to ask the court to waive the normal filing fee.
How long does divorce take after filing papers?
Generally, you must wait at least 30 days after filing for divorce or dissolution before the judge will sign the final divorce decree.
What papers do you need to get a divorce?
Typically, there are several standard documents a person will need to have access to before filing divorce papers including a marriage license, birth certificates, insurance papers, property and vehicle titles, tax records, banking account info and any other related financial information.
Can I write my own divorce papers?
But you can reduce the costs by learning how to write your own divorce papers. Don’t think this calls for a degree in Creative Writing. In most states, you begin a divorce by completing specific forms, including a petition or complaint for divorce and a summons.
Can I move out right after I file divorce papers?
Under the laws of all states in this country, you can move out of your residence that you share with your spouse right after you file divorce papers or even before you file for the dissolution of your marriage. I suggest that you may want to discuss your matter further with a family law attorney.