Fast FAQs

Does it make any difference which of us starts the divorce proceedings?

It should make no difference to the final outcome which one of you starts the proceedings.

In practice, there may be circumstances that make one or other spouse want to be the "petitioner" rather than the "respondent":

• If only one spouse wants the divorce, he or she will be the one who files for divorce. More broadly, the petitioner's solicitor tends to drive the divorce process - for example, chasing up the respondent's solicitor if documents have not been returned on time.
• If the divorce is on the basis of adultery, unreasonable behaviour or desertion, the aggrieved party must petition for the divorce.
• A spouse who has religious objections to divorce may prefer to be the respondent.

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