The timing of initiating dissolution of marriage proceedings is often a point of consideration for parties contemplating divorce. The legal significance, if any, surrounding which party formally submits the initial paperwork to the court is frequently questioned. For example, individuals may wonder if being the “plaintiff” or “petitioner” in a divorce action confers some advantage over the “defendant” or “respondent.”
Historically, initiating legal action may have carried certain strategic implications. However, modern family law practices generally aim for equitable distribution of assets and liabilities, regardless of who starts the process. The primary benefits of filing first often revolve around procedural aspects such as controlling the initial narrative presented to the court and potentially expediting the legal timeline in some jurisdictions. Concerns related to establishing a stronger position are often unfounded, as courts prioritize fairness and adherence to established legal principles.
