Generally, not filing first for a divorce does not put you at a disadvantage in your case especially if you are represented by a divorce lawyer. Show
Doesn’t Matter In TexasYou should know that the divorce process consists of so many other details, which may determine the courts final ruling on the divorce. The judge will evaluate both sides equally regardless of who filed for divorce first. The County Where You FiledThe person filing for divorce first is called the petitioner while the other party is called the respondent. The petitioner in most situations has to file for the divorce in a specific county. However, sometimes you can choose where to file for a divorce. The law allows you to file where you are a resident in Texas but you must meet the specific county’s residence requirements. So if your spouse lives in another county you can file first in the county you live in to save time and money. This is all about convenience, which you will need during the tedious and emotional divorce process. There are people that have to travel for hours to get to the court where their spouse filed for divorce. Initial Filing FeeThe person who files for divorce first is the one that has to pay the $300 to $400 initial filing fee. The respondent can file their response for free or at an extremely low fee. The respondent may also file a counterpetition for divorce, which costs $50-$100. The petitioner pays more for filing the case but they get to set the tone of the divorce case. That is, they get to decide whether or not to plead fault or no-fault in the divorce case. However, pleadings can be changed later on by either spouse involved in the case. In most divorces, couples try to avoid trial by attempting to reach an agreement amicably during mediation. It is only after these attempts have failed that they may choose to amend the pleading and chose to plead for fault. Preparation for Temporary Orders HearingBy filing first, you and your divorce attorney will have more time to prepare for a Temporary Orders Hearing. In most divorces, there is a Temporary Orders Hearing where a court issues temporary orders about things that cannot wait for the full resolution of the case. These include child support payment, marital expenses such as mortgage, insurance, health and other issues. In a Temporary orders hearing, the couples have to convince the judge who between them should be the primary conservator for the children, and who gets to keep the marital home as the divorce proceeds. This hearing also helps prevent a party in the divorce from hiding assets when the divorce process is still ongoing. When you are preparing for a Temporary Orders Hearing, keep a list of potential issues that may come up during the case, and keep in mind things that impact your life daily such as expenses and childcare and more. A resourceful attorney will help you prepare the details that you can present in court to help your case. Many of my potential clients are concerned with filing first in their divorce case. Many of them have the impression that if they are not the first to file they will be at a disadvantage in their case. However that is generally not the case when both spouses are represented by divorce lawyers. As a Houston Divorce Lawyer, I will discuss what importance filing first has in a Texas Divorce Case. The Petitioner in a Divorce CaseThe first to file in a Texas Divorce is known as the Petitioner. Here are the ways in which being the Petitioner matter: Choosing Which County to File InIn most divorce cases there is not an option on where to file a divorce. However, in some situations, there may be a choice. A divorce may be filed in the county where either spouse is a resident as long as residence requirements have been met. If the spouses live in different county’s there may be a choice on where to file. In such as case the spouses may want to rush to file for divorce first in order to ensure the courthouse in which the divorce is filed will be geographically convenient to them. I have had cases in which my clients were saved considerable time and money by filing first. This was because their ex was either having to drive 4 hours every time there was a court hearing or flying from out of state. Payment of Initial Filing FeeThe spouse who files first (The Petitioner) also pays the initial filing fee. Generally, the initial filing fee is $300 to $400. The other spouse (respondent) can file their response an answer which is free to a few dollar. The responding spouse can also countersue for divorce by filing a counterpetition for divorce this counterpetition is $50-$100. Either way the spouse who files generally pays more in filing fees. Setting the Tone of the DivorceWhoever files first sets the tone of the divorce by deciding whether to plead fault or no fault in the divorce. However, this can change, because pleadings can be amended and changed by either party. Many, times clients have fault grounds but want to try and resolves things amicably at least at first. So often times we will see if we can resolve things in mediation. If we are unable to we will reevaluate afterwards whether to amend the pleadings and plead for fault. Going First at Trial or other HearingsIf the divorce case ends up in a trial the Petitioner will get to go first in the courtroom. Most divorce and family law cases do not go to trial, this procedural fact can have an impact on trial strategy. However, it is not uncommon for a case to have a Temporary Orders hearing and in such a hearing the Petitioner would get to go first. Timing and Relief RequestedAs discussed above Temporary Orders are not uncommon when a person files for divorce, that person can request a Temporary Orders Hearing in the Original Petition for Divorce. The purpose of the Temporary Orders is to put some orders in place on how the parties will behave during the divorce. The Judge is going to make orders that will remain in place during the divorce. These orders will include will say what visitation will be with the children, conservatorship of the children, child support, who gets to remain in the marital residence while the divorce is going on, temporary spousal support, and who will be responsible for certain bills. By filing for divorce first this may give you an advantage when comes to issues at the Temporary Orders hearing. This is because you and your divorce attorney will likely have more time to prepare for this hearing than your spouse will have. Help Prevent Assets from being HidBefore a divorce is filed there are no orders saying what you or your spouse can do. When you file first this may also prevent your spouse from hiding assets. This is because when you file first you can ask for a Temporary Restraining Order (TRO) an order that prohibits this type of behavior. The TRO is binding on your spouse and may help prevent against this type of underhanded behavior. What if you are unable to file first?If you are unable to file first, you should not worry. As a responding spouse you can still participate the divorce process. You will have opportunity to file an answer and counterpetitioner with the Court.  EbookOther Articles you may be interested in:
Law Office of Bryan Fagan, PLLC | Spring, Texas Divorce LawyersThe Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding divorce, it's important to speak with one of our SpringDivorce Lawyers right away to protect your rights. Our divorce lawyers in Spring TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC handles Divorce cases in Spring, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County and Waller County. Does it matter who files first in a divorce in Texas?In Texas divorce cases, it does not matter who files first. In other words, it does not make a big difference who is the "petitioner" (i.e. the person who files first) or who is the "respondent" (i.e. the person who responds to the divorce petition).
Does it make a difference who files for divorce in Texas?For the most part, it doesn't matter who files a Texas divorce case – you or your spouse. You both have the right to assert your rights and defenses. These rights and defenses include contesting the grounds for divorce, the division of the property, spousal support, child custody, and child support.
Is it better to be the one who filed for divorce?More importantly though, it is advantageous to be the first to plan for divorce. Filing for divorce means submitting legal paperwork to the courts and notifying your spouse. Planning for divorce means developing a strategy for addressing the complex situation you are about to navigate.
What happens if one spouse doesn't want a divorce in Texas?First and foremost, if your spouse won't sign divorce papers or respond to your petition, your divorce attorney can ask the court to enter a default judgment against your spouse. It is important to note that, in Texas, you must go through a mandatory 60-day waiting period before any divorce can be finalized.
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Does it matter who files for divorce in texas
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