A few words about divorce…
Most states have adopted the concept of “no-fault” divorce. Though it works differently from state to state, the central theme is that one spouse may sue another for divorce without having to prove the other guilty of wrongful conduct. If one party states the marriage is “irretrievably broken” (comparable language used from one state to another), and procedural requirements are met, the court will grant the divorce. The trend today, is for the courts to look at divorce in economic rather than moral terms. Legal battles in the divorce courts have more to do with “how” the divorce will come about rather than “if” it will be granted.
Does it matter who files first?
No! There is no particular advantage to winning the race to the courthouse. The person who files first is called the “Petitioner” and the other is the “Respondent”. Either party can claim the marriage is irretrievable broken, so there is no “burden of proof.” It is also possible, if both parties agree to all the terms, to have one person file and obtain an uncontested divorce.
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