What You Need to Know About Being the Petitioner in a Seattle Divorce

There are many reasons that marriages and long-term relationships end. While many partnerships dissolve because of infidelity, financial problems, or other significant disagreements, others simply fade with time until both parties realize that parting ways is their best option. Whether your marriage has run its course after several decades together or you and your spouse have only been together for a few months, the decision to file for divorce can be emotionally challenging and overwhelming. As you move through the divorce process in Washington State, you and your soon-to-be ex-spouse will need to make a series of important decisions in order to ensure that you both walk away from the marriage on relatively equal and secure financial footing. As a no-fault divorce state, Washington does not require the party filing for divorce to cite a specific reason for seeking to end the marriage. Instead, the filing party (also called the “petitioner”) only needs to state that you are seeking a divorce due to irreconcilable differences; in other words, you and your spouse no longer get along. 

One common question that those seeking a divorce in the greater Seattle area may have is, “Is it better to be the petitioner in a divorce?” For the most part, initiating the divorce will not affect the outcome. Either party may serve as the petitioner (or the respondent), and the outcome of the divorce will be unaffected by this designation. However, in very specific circumstances (especially if the divorce involves domestic violence or requires civil orders of protection), being the divorce petitioner may influence the course of the legal proceedings. At the Hemmat Law Group, our dedicated team of divorce and family law attorneys believes in working closely with every client to understand their specific needs and goals. Together, we can identify the most strategic path forward to ensure that you obtain the strong and secure foundation you need to enjoy a smooth transition into your life’s next chapter. Let’s take a closer look at how the divorce process typically unfolds in Washington state and the times when someone may want to consider serving as the divorce petitioner in order to obtain additional legal protection during this stressful process.

Understanding the Petitioner Definition in Divorce

When a couple moves forward with a divorce, the spouse who files the formal legal action is known as the petitioner. The other party, therefore, is typically referred to as the respondent. Essentially, the petitioner is the party who sets the legal process into motion while the respondent replies or reacts to the petitioner’s actions. The respondent’s role is to address the petitioner’s claims or requests, either by agreeing to the terms, contesting them, or proposing alternative solutions. Since Washington state is a no-fault divorce state, it does not usually matter which spouse serves as the petitioner (or which spouse is the respondent). Ultimately, the divorce agreement or settlement will seek an equitable distribution of assets, regardless of whether one party is to blame for the failure of the marriage. It’s helpful to recognize that no-fault divorce became an option a few decades ago in order to make it easier for a spouse (women, for the most part) to leave an unhealthy or unhappy marriage without having to prove that their spouse engaged in wrongdoing. In today’s divorce proceedings, the courts seek to honor any party’s request for the dissolution of marriage and make this process more accessible to any spouse wishing to leave the marriage and move forward. If you and the other party agree that a divorce is your best option, either of you can take the first step and file the divorce paperwork. Technically, this party will be viewed as the petitioner once that step takes place.

Is It Better to be the Petitioner or Respondent in Divorce?

Most divorces in Washington state virtually disregard the designations of both parties as petitioners or respondents, and these terms may appear in name only on various legal documents. Ultimately, the goal of a Seattle divorce is to negotiate or determine an equitable division of assets (and debts) that enables both parties to move forward on relatively similar financial terms. Sometimes, establishing a spousal maintenance agreement may be appropriate for one spouse to adjust to the new financial reality of supporting themselves (especially if this spouse gave up a career or employment opportunities to raise children or maintain the marital household). In such instances, the court may compel the higher-earning spouse to make monthly payments to the lower-earning spouse for a set period of time so that the lower-earning spouse can find a job to support themselves once the marriage has ended. Generally speaking, these negotiations are not influenced by factors like who is the petitioner in divorce; rather, both parties, their attorneys, and the judge will seek to implement fair divorce terms that allow both individuals to walk away from their shared life and into a stable and secure future.

What is the Petitioner in a Divorce?

The spouse who takes the step to file the official paperwork to initiate divorce proceedings is called the petitioner. However, many divorcing couples complete this paperwork together and do not care which one actually files the paperwork with the court. For instance, if you and your soon-to-be ex-spouse are anticipating a fairly simple and low-conflict divorce, deciding which of you will serve as the petitioner will not matter. However, if you know your divorce will be highly contentious, or if you are concerned about a vicious child custody battle, being the party initiating divorce may be advantageous. Moreover, if your relationship involves domestic violence or you are concerned about your safety, contact an experienced and caring Seattle divorce attorney as soon as possible to explore your options for obtaining a civil protection order to provide you additional support during this chaotic (and potentially risky) time. 

When Being the Divorce Petitioner May Be Strategic

If the prospect of navigating the divorce process seems daunting or confusing, it’s essential to understand that support is available. Working with a highly qualified and empathetic Seattle divorce lawyer is the most effective way to ensure that your best interests remain protected at every opportunity. Together, you and your knowledgeable legal advocate can explore your options and identify the most strategic path forward. As you meet with your divorce attorney, you can discuss whether moving forward as the divorce petitioner can give you an additional boost to maximize your chances of securing a safe and secure future. Below are a few of the possible ways that being the petitioner can be slightly in your favor, should you choose this option.

Putting Civil Protection Orders in Place

If your marriage has been affected by domestic violence or involves an abusive dynamic, it can be especially challenging to leave this unhealthy (and even unsafe) living environment. Many survivors of domestic violence are afraid to leave an abusive spouse because they are concerned about how their abuser will react. Fortunately, Washington offers several types of civil protection orders that keep abusers from contacting, harassing, harming, or stalking their partners. You can discuss your options with your trusted Seattle divorce lawyer to determine whether petitioning the court for a protection order can help to ensure your safety (and that of your children, if applicable) as you move through the contentious divorce process. As the petitioner of the divorce, the court will recognize how challenging (and potentially dangerous) your situation is, which can help to secure the additional legal protections you need to move forward while feeling safer during this turbulent time.

Controlling the Narrative of Your Divorce

As the petitioner, you have the slight advantage of presenting your side first. This can be especially helpful if you are seeking to end a marriage to a partner who is manipulative or adept at twisting things to portray themselves as a victim. When you take the action of filing for a divorce first, you have the opportunity to present your reasons for seeking the divorce and control the narrative before the other party has the chance to lie or present a false narrative. Once you present your point of view, the other party (also known as the respondent) must react to the narrative that you have set forth.

Negotiating Child Custody Matters

The divorce process can be particularly emotional for parents. Your instinct is to protect the safety and well-being of your children, so it’s essential that you negotiate a fair and reasonable child custody agreement and parenting plan that supports these goals. As the petitioner, you can be the first party to advocate for a parenting plan that allows your children to enjoy a stable and loving home environment, which may mean minimizing contact with your ex (who may be struggling with addiction or anger management issues). It may be worth acting as the petitioner in these difficult cases to ensure that the outcome remains as fair and favorable as possible for your child’s well-being.

Unparalleled Legal Guidance When You Most Need It

At the Hemmat Law Group, we believe that you deserve safety and fairness, first and foremost. Our caring and experienced divorce lawyers are ready to help you work through the legal details while providing you with clear explanations and an intricate understanding of the process at hand. We invite you to contact our Seattle office today to get started. 

Going through a divorce can be overwhelming and stressful, even for those separating on relatively amicable terms. Reach out to the Hemmat Law Group today at (206) 682-5200 to get started with an experienced and compassionate Seattle divorce and family law attorney.