does it make a difference who files for divorce

Does it matter who asks for a divorce?

If you file first, you control when the divorce gets filed. … You have until your spouse files an answer to your complaint to cancel the divorce. By filing first you are the plaintiff and she will be the defendant. At trial, if your divorce case goes that far, you would go first.

Does it make a difference who files for divorce first in Florida?

“Since Florida is a no-fault divorce state, it does not matter which of the spouses files for divorce first,” says our experienced divorce attorney Fort Lauderdale. “When divorce papers are filed, neither party has a legal obligation to provide a cause of the dissolution of marriage.”

What can you not do during a divorce?

40…… make that 41 things NOT to do during your divorce

  • Hide things from your attorney. …
  • Dispose of assets you know your spouse is going to request. …
  • Fail to keep a copy of all communications with your soon to be ex-spouse. …
  • Incur debt in your spouse’s name. …
  • Make comments in front of your children about your spouse. …
  • Use drugs or excessive alcohol.

What counts as unreasonable Behaviour in divorce?

“Unreasonable behaviour” is the term used to describe the fact that a person has behaved in such a way that their partner/spouse cannot reasonably be expected to live with them. It is important to understand there is no definitive list of unreasonable behaviours used in divorce petitions.

Can my wife take everything in a divorce?

But no court awards all of one spouse’s property to another because the court must follow certain factors and considerations when deciding who gets what. …

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Should I file for divorce or let her?

One of the main legal advantages that a person gains by filing the divorce petition before his or her spouse does is that the filer can request a Standing Order from the court when filing the petition. … If the matter should go to a hearing, the person who files the petition usually presents his or her case first.

How much does a simple divorce cost in Florida?

After your spouse has read the information and all of your forms are complete, both you and your spouse can file for the simplified divorce and pay the required filing fee. It costs $409.00 to file your petition but you may qualify for a payment plan if you are indigent.

Is Florida a no fault state in divorce?

Do I Have to Prove Adultery in Order to Get Divorced? As mentioned previously, Florida is a “no fault” state when it comes to divorce. This means that a spouse can ask for a divorce at any time and can be granted a divorce regardless of any fault or blame attributable to that person for the failure of the marriage.

Is alimony mandatory in Florida?

A: Under Florida law, alimony is usually ordered for long term marriages – over 12-14 years long. For a short term marriage such as 3 years, alimony is rare, if not impossible.

Do people regret divorce?

Regret is no place to be, and most of the time there is no way back. … That was many moons ago, and regret statistics are hard to come by. But more recent studies confirm that, indeed, between 32% and 50% of people do regret having made the move.

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Should you separate first before divorce?

In some states, a separation is required before you can get a divorce under certain grounds. Often a waiting period of six months or one year during which you live separate and apart is necessary before you can get a divorce. In other states, a legal separation can become the grounds for a divorce.

Can I go on vacation during a divorce?

A vacation is probably a much needed respite for a parent going through a divorce, and could give him or her an opportunity to bond with the children. Generally, it is permissible to travel with your children while you are going through a divorce or custody case, depending on the circumstances.

What is the number 1 reason for divorce?

And while the reasons vary, a common thread for the majority of divorces includes money problems. In fact, some studies suggest that money problems in a marriage are the number one cause of divorce. The financial and emotional toll of a divorce can debilitate individuals and devastate families.

Is it cheating if you are separated?

If you are legally separated, you are not planning on saving the relationship you were in previously. Therefore, it is not cheating, because you aren’t being dishonest to a husband or significant other!

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