The preliminary motion in a dissolution of marriage continuing is the submitting of a petition with the court docket. This act establishes the filer because the “petitioner” and the opposite partner because the “respondent.” The timing of this preliminary submitting can have strategic implications for the next authorized course of. For instance, the petitioner usually determines the preliminary venue (location) of the court docket case, topic to authorized necessities relating to residency.
The benefit of initiating the method lies primarily in controlling the narrative and setting the preliminary tone of the proceedings. Traditionally, submitting first was perceived to supply a major edge in court docket. Whereas the authorized system now goals for equitable distribution no matter who initiates, being ready and presenting the preliminary case can affect perceptions. Moreover, in conditions the place property are in danger or there may be concern concerning the different partys actions, swiftly securing authorized safety by means of the preliminary submitting turns into paramount.
