QUESTION
Does it matter who the petitioner or the respondent is in an annulment/divorce?
Asked on Nov 01st, 2012 on Divorce - California
More details to this question:
Is there any benefit to being the Respondent or Petitioner?
16 ANSWERS
It makes absolutely no difference.
Answered on Jun 13th, 2013 at 1:23 AM
Steven D. Dunnings
No.
Answered on May 21st, 2013 at 1:11 AM
Leonard A. Kaanta
No.
Answered on May 21st, 2013 at 1:08 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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No.
Answered on May 21st, 2013 at 1:06 AM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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No, it makes no difference who files first.
Answered on Nov 06th, 2012 at 11:21 AM
Criminal Law Attorney serving Novi, MI
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Law Offices of Stephen A. Barker
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The party filing first has the opportunity to request temporary orders that can aggect custody and financial issues until there is a hearing on the respondent's objections. it is always better to act rather than react. if you also want the divorce, file first.
Answered on Nov 02nd, 2012 at 3:41 PM
It does not really matter who files first but it is easier for the Petitioner to move the case forward. So the more motivated party should file the Petition.
Answered on Nov 02nd, 2012 at 3:41 PM
None at all. California is a no fault state and the courts and attorneys try to de-escalate matters as much as possible. Both sides have all the same rights. All it means if you are the Petitioner is that you were the first one to get to the courthouse.
Answered on Nov 02nd, 2012 at 3:39 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Very little unless the respondent does not respond timely. Actually the petitioner has to pay the filing costs
Answered on Nov 02nd, 2012 at 3:39 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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In Colorado, generally, there is no legal benefit other than the court filing fee for the petitioner is higher than the court filing fee for the respondent.
Answered on Nov 02nd, 2012 at 3:39 PM
Michael Paul Vollandt
Nope. Sam filing fees same issues and outside the form Response all the other forms are the same.
Answered on Nov 02nd, 2012 at 3:23 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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No, there is no difference as far as the outcome of the matter.
Answered on Nov 02nd, 2012 at 3:20 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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The Plaintiff or Petitioner, who files the complaint, can obtain ex parte orders on various issues without a hearing. Often, that is a big advantage in the proceeding.
Answered on Nov 02nd, 2012 at 3:18 PM
There is no benefit nor detriment to being either Petitioner or Respondent.
Answered on Nov 02nd, 2012 at 3:15 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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It does not matter which party is the petitioner or respondent.
Answered on Nov 02nd, 2012 at 3:15 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If you are Petitioner you can default the other side if they don't respond. That's really the only benefit.
Answered on Nov 02nd, 2012 at 3:12 PM