Does it matter who starts a divorce?
Liz Davies, divorce & family lawyer in Ludlow, explains the pros and cons of being the one to start a divorce
I think the only thing that I do say to clients when they ask me that sort of question is if you allow your former spouse to issue the proceedings (and become the divorce petitioner) then obviously they will run the time that it takes for the divorce to be concluded as there are set stages where you have to apply for certain orders therefore it is in their hands as to how quickly that goes. So if you want to deal with it and you want to deal with it quickly then you should be the one that issues (applies for the divorce).
Another issue that you have to bear in mind is the costs of the application. If you are the person that starts the divorce proceedings then traditionally you would be the one that would be paying the costs including the Court fee. You can of course put into the application itself that you would want a contribution towards the costs from the person receiving the papers but nine times out of ten it is the person that does issue that bears the whole of the costs. If you are thinking about starting divorce proceedings I would strongly recommend that you seek legal advice concerning the matter.