
Q: Does it matter who files for divorce first?
A: In general, the answer is no in a case where the level of conflict is expected to be low. The person who files the initial papers called the "Summons" and "Petition for Dissolution" (divorce) is called the petitioner, and the person who responds to the Petition is called the respondent. The petitioner pays the initial filing fee which in King County and Pierce County is currently $250.
There may be a tactical advantage to file for divorce first when you need to get temporary orders in place for such things as child support, parenting plan, maintenance (spousal support), and restraining orders. As the petitioner, you can gather all of the documents necessary in advance without any real time constraints, however, if you are on the receiving end of the motion for temporary orders, there are strict procedural deadlines that must be met to present your side of the argument to the court, leaving you scrambling to get your documents in on time.
A competent divorce attorney can help you prepare the necessary documents and present and argue your position in court on whatever issues are in dispute.
Bellevue
10655 NE 4th Street
Suite 208
Bellevue, WA 98004
Phone: (425) 289-1990
Fax: (425) 289-1991
Toll Free: (800) 636-3676
Get Directions
Tacoma
4301 South Pine Street
Tacoma, WA 98409
Phone: (253) 682-2000
Toll Free: (800) 636-3676
Get Directions
Bellevue
10655 NE 4th Street
Suite 208
Bellevue, WA 98004
Phone: (425) 289-1990
Fax: (425) 289-1991
Toll Free: (800) 636-3676
Tacoma
4301 South Pine Street
Tacoma, WA 98409
Phone: (253) 682-2000
Toll Free: (800) 636-3676