Does the Judge Care Who Files the Case

Sometimes a person wants to leave a marriage but is worried that the court will look disfavorably at the spouse who started the divorce case.  Others think the judge will automatically favor the person who filed the case because he must be the spouse that was “wronged” in the marriage.  The purpose of this post is to clarify how the Judge and Court feel about the person who filed the case versus the person who answered the divorce case.

The Judge Generally Does not        Care Who Filed the Case.

 If your spouse files a divorce, you can file a counterpetition for divorce that     essentially also operates to tell the court that you also want the divorce done.  Because the reasons for filing a case can be wide ranging, the court does not consider who started the case as evidence against a person.

However, there is a circumstance, where the filing of the divorce itself could be used against you…

However, if You Are Abandoning Your Spouse, This Could Harm You in The Case

While the rule of thumb is that it does not matter who filed the divorce case, there is an exception to this rule.  If you have cheated on your spouse, and then filed the divorce so that you can pursue your life with a new person, then the Judge may consider this in the dividing of your money and assets.  Or, if you have petitioned for divorce during a time when your spouse is very much needing your support, such as during an illness, this also could impact the division of your estate.