file-divorce-first-petitioner

Does it matter who files for divorce first in Utah?

Over the years of serving the local community, we have found that many people are concerned if there are any benefits to being the first one to file for a divorce.  In a technical sense, it does not truly matter who is the first to file for dissolution.  We say this because the divorce process will move forward just the same, the end resulting in the same way.  Another way of thinking about this is that the court system is going to process the case in their typical fashion regards of who files first.  There are potential benefits however on a personal level.  These benefits can be valuable to certain individuals but are determined by their unique circumstances.  The difference between filing first or responding can be simply thought of like the difference between an offensive or a defensive approach.

Potential benefits of filing a divorce

When a person files for a divorce they are known as the petitioner.  Given your specific needs and concerns, being the petitioner comes with a few advantages.

  1. You have time to consult with as many family law attorneys as you wish. Having a successful divorce can depend greatly on finding a law firm that fits your needs.  Requesting a consultation allows you to meet face to face with a legal professional and get an overall feel for how well your case will be handled by that firm.  Once the divorce matter has been filed the respondent only has 30 days to respond.  This can lead to a situation where they are crunched for time to find someone to represent them.
  2. As the petitioner, you can file your case when it is convenient for you. This can put you in a place where you are filing when you know you are not in the middle of holidays, or a busy time at work.  This will put you in a position where you can focus more time and attention on your case.
  3. Finally, you have an opportunity to better prepare for the financial implications that can come with a divorce. Divorce or other family law concerns can be quite disruptive to our personal lives.  By controlling when your case is filed you can help ensure that you are prepared for these changes.

Speak with a legal professional

Even if a dissolution of marriage is the right choice for you, it can still come with new challenges.  If you live in Utah we invite you to contact Burton Family Attorneys to speak with a legal professional and schedule a consultation.  During this meeting, you can have your questions answered and your concerns addressed.

Disclaimer: Using this site or communicating with Burton Family Attorneys through this site does not form an attorney/client relationship. This site is legal advertising only. Do not rely on the information on this website as an alternative to legal advice from your attorney or other professional legal services providers. If you have any specific questions about any legal matter, you should consult your attorney or professional legal services, providers.