The initial action in a dissolution of marriage proceeding is the filing of a petition with the court. This act establishes the filer as the “petitioner” and the other spouse as the “respondent.” The timing of this initial filing can have strategic implications for the subsequent legal process. For example, the petitioner typically determines the initial venue (location) of the court case, subject to legal requirements regarding residency.
The advantage of initiating the process lies primarily in controlling the narrative and setting the initial tone of the proceedings. Historically, filing first was perceived to offer a significant edge in court. While the legal system now aims for equitable distribution regardless of who initiates, being prepared and presenting the initial case can influence perceptions. Furthermore, in situations where assets are at risk or there is concern about the other partys actions, swiftly securing legal protection through the initial filing becomes paramount.
