the husband is a business man and his wife is a home maker,
they 've been married for 12 year and have 2 kids together.
2006-08-30 06:06:32 · 11 answers · asked by cali 711 1 in Family & Relationships ➔ Marriage & Divorce
Legally no, but whoever files first has come to the conclusion that that marriage is over so is more prepared mentally what is the the next steps are. Where the person being served will not be on the same page emotionally. You should try for the kids sake to come up with a shared Parenting Plan to help the kids. If the courts order a parenting plan with a parenting coordinator maybe they will finally do the statement that they really have no clue on and that is "What is in the child's best Interest"
2006-08-30 11:58:01 · answer #1 · answered by chancesare45 4 · 0⤊ 0⤋
Yes, and no. If one is leaving the state, let the one who is staying be the petitioner..... it may look better for his business. If both are remaining, then each can sue, so that one does not look as if one is the good guy, and the other the bad. Try to use the same attorney, it's cheaper that way, and have decided who is going to get what, and who is going to pay what, so that you don't both get attorneys and end up in an adversarial situation, which then becomes very expensive. You can even do your own divorce if you agree on everything -- then have an attorney look it over. Divorce papers for each state are on line. Google your state, or just Google "legal+divorce documents" Somewhere there are papers for your state. Download. File at the country court house. Again, tho this is perfectly legal with no attorney in most states, be sure you each have an attorney look at it so that the settlement and property division (should you have any) is fair..... The answer above is not quite right -- the grounds are always "irreconsilable differences". The filed papers get a case number, a judge signs them and you are both to sign. In these papers are listed your asset division. This is the part that you two must agree upon. Also is listed custody, and child support, information. You are also given a date when you will each be single again, and free to marry again, if you so wish.
2006-08-30 06:16:22 · answer #2 · answered by April 6 · 0⤊ 0⤋
Legally, no. But it has been said that any lawsuit, and that is what a dissolution of marriage action is, is a "race to the courthouse" with the implication being that the person filing first has an advantage. This can be true if there is an anticipated custody battle or a contest about who will remain in the marital home while the matter is proceeding (generally, the person doing the bulk of the "home making" and child care duties stays in the home with the kids, and the other spouse is booted out regardless of economic considerations).
2006-08-30 06:16:11 · answer #3 · answered by orfinlimer 1 · 0⤊ 0⤋
hmmm it may matter who files first when it comes to custody of the kids....i left with the kids but hadnt went to a lawyer yet and a few days went by and the ex asked to see them well im not a mean person so i said i'd drop them off for two hours they where only 1 and a half and 3 ...well when i got back they were gone and i didnt see them for six months...he went to a lawyer and filed for divorce saying i abandon the kids....so there you go any thing is possible....police wouldnt do anything because i didnt have any court or lawyer papers....lol so i was s. o. l. so yeah on some things yes i does depend on who files first and what they file .....
2006-08-30 06:33:56 · answer #4 · answered by fantasia91273 2 · 0⤊ 0⤋
no, but who ever files first must have grounds: adultery, abuse of any kind(verbal-mental-emotional) or abandonment. the law is very specific for divorce grounds. a lawyer will be of more help than me and many will give free consultations.
2006-08-30 06:13:07 · answer #5 · answered by katinalln 1 · 0⤊ 0⤋
Nope! who ever wants out usually files.
2006-08-30 06:33:01 · answer #6 · answered by WhyNotMe 6 · 0⤊ 0⤋
usually whoever files for the divorce has to pay for it but other than that it doesn't really matter
2006-08-30 06:52:22 · answer #7 · answered by jacemo 6 · 0⤊ 0⤋
No it does not. It still goes to court no matter who files.
2006-08-30 06:14:14 · answer #8 · answered by tannedknight45 5 · 0⤊ 0⤋
Nope it doesnt matter hon, just hurry up n get it over with
2006-08-30 06:21:01 · answer #9 · answered by Miss-Kenya 3 · 0⤊ 0⤋
Nope doesn't matter.
2006-08-30 06:09:28 · answer #10 · answered by Cary Grant 4 · 0⤊ 0⤋