When I was getting ready to file for divorce, my attorney mentioned that it helps if I am the first to file. While I was still preparing all the financial paperwork, my STBXW filed false DV against me, got me thrown out of the house and then proceeded to file for divorce right before the DV hearing.

Since she didn’t have any proof for the false DV allegations, the judge has almost dismissed her case pending one last alcohol test from me (which I know for a fact that will come clean as I have no alcohol problem) and also asked for the police report she made before the DV to prove my attorney’s argument that her story changed significantly from that first police incident to the DV allegations. I am hopeful that the DV case will be dismissed.

Now, is it really true that since my STBXW filed for divorce first, she somehow gets a favorable view since she again gets to be referred to as the “Petitioner” and I the “Respondent”? Or does it really not matter?

What exactly changes when one person files first, if anything? Does the court generally views Petitioners more favorably or is this just anecdotal and far from reality?