Q: Wife wants to file the paperwork for divorce.
Wife wants to file the paperwork for divorce. If she files, instead of me, will it affect my being able to negotiate child custody, spousal support, etc?
A: The person who files the case, known as the petitioner, does not gain an advantage in a divorce case. If she is in another jurisdiction it could be an issue as far as what court has jurisdiction when a moving party files, but it doesn't sound like that's an issue. Being the respondent or the petitioner will not affect custody and support issues. The facts surrounding custody and support are critical, and not who files first. However, filing a case may help determine the date of separation since there would be an actual case if there is disagreement with the date of separation. Spousal support issues and determining community property could be affected by the date of separation, but this doesn't necessarily mean one will be affected by being the petitioner or respondent. In any event, getting a case filed with the court quickly may help settle issues instead of leaving them linger. More facts are required to provide a thorough analysis.
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