Does it matter who files for divorce first? | Austin Divorce Lawyer | Kimbrough Legal, PLLC
Hello, I'm Tycha Kimbrough. In Texas, it does not matter who files for divorce first, there is not a disadvantage if you're the person that's responding to the divorce. If you're the person that initially filed the divorce, you're labeled as the petitioner. On the other hand, if you're the party that is responding, you are the respondent. But this designation does not impact your rights. One main difference is the person who initially files for the divorce. They're responsible for paying those initial filing fees. And oftentimes, they're able to present their case first when you're in the courtroom, but that still doesn't really have that much of a bearing because you're able, if you are the respondent, you're able to immediately respond.