Is it relevant as to who should file divorce first?

Aug 8, 2012 by

Question: 

I am trying to understand the importance of filing for a divorce. Is it relevant as to who should file first? Does this action mean that one party will pay more than the other?

State: 
Wisconsin

Answer: 

The first task in the process of getting divorced is the filing of a divorce petition, also known as a Petition for Dissolution of the marriage. One spouse must file the petition with the divorce court even if both parties agree to get divorced. It doesn’t matter who files first, and it will not affect the court’s overall decisions. But you are technically correct in your observation that one party will pay more than the other as relates to the filing fees. The person filing for the Petition will pay the filing fees. They are usually only a few hundred dollars at most, but they do have to be paid to initiate the divorce. You can discuss splitting the filing fees with your spouse if you are on good terms. Otherwise, you will have to pay them if you want to get divorced. – The Divorce.com Team Wendy Jaffe and Divorce.com can only provide general information about divorce. DO NOT RELY ON MS. JAFFE’S ADVICE ALONE. Before acting on information provided by Ms. Jaffe or by Divorce.com, talk to an attorney first about your particular facts and the law of your state. By submitting your question to Divorce.com, you are not creating an attorney/client relationship with Ms. Jaffe or with any of the other attorneys listed on this site.

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