Both spouses have to give their consent for a marriage, and either spouse can revoke their consent at any time. Divorce is often the final step in a long process. Some people end up in cold wars with their spouses. Neither spouse wants to be the party who files the initial divorce paperwork with the courts.
Other times, the opposite occurs. Spouses recognize that the marriage is no longer healthy and sustainable, so they each rush to be the first to file. Some people worry about judgment from others if they file for divorce. Many others believe the common urban legend that the person who files first has more control and is more likely to obtain a positive outcome than the responding spouse.
Does it truly matter who initiates divorce proceedings?
The same laws apply regardless of who files the petition
The ability to plan in advance is perhaps the most beneficial aspect of being the spouse who files for divorce. The filing spouse can collect copies of household records, take their time looking for legal representation and craft documents that reflect their wishes for the divorce.
Once they file paperwork with the courts, they have to serve the other spouse. Even in cases where one spouse did not anticipate the other’s filing, they can receive equal treatment and consideration throughout the divorce process. They can interview and hire an attorney, obtain their own copies of household records and counter the terms proposed in the initial divorce petition.
Should the case go to trial, the judge gives each spouse equal consideration regardless of who filed the initial petition. The same rules apply to property division, parental responsibilities and financial support regardless of which spouse initiated the divorce process.
People served with paperwork by their spouses may feel like they are at a disadvantage. Thankfully, they have the same rights and protections as the spouse who initially filed for divorce.
Acquiring appropriate legal representation can help an initiating spouse craft a fair filing and a responding spouse counter the proposed terms in an initial divorce petition and advocate for the best possible outcome. Regardless of who begins the process, both spouses have legal rights and protections under the law during Washington divorce proceedings.
