Does It Matter Who Files For Divorce First In Oregon?

t makes very little difference who files for divorce first. An Oregon divorce judge will not make any decisions based on which spouse filed for divorce first.

The spouse who files for divorce is referred to as the "petitioner," and the other spouse is referred to as the "respondent." Petitioners and respondents are on equal footing throughout the divorce process. The filing fees are identical. Both sides have the same opportunity to present evidence. And neither is in a more favorable legal position,

However, in some cases, there is a slight benefit to filing for divorce first in that you will not be caught off guard. For example, if you file for divorce, you will have selected your attorney and thought about the issues in advance. Alternatively, if your spouse files for divorce, you may be surprised by an upcoming court date and feel rushed to hire a lawyer. You may also not have been prepared to think through all the issues that will come up during the divorce. While your attorney will go over everything with you, on some level, filing for divorce first gives a spouse the advantage of being better prepared, at least initially.