The person who files the divorce action gets to present their side of the case to the judge first when you get to trial. However, there is no negative connotation attributable to the person who files the divorce or to the person who responds to the divorce petition. So, if your spouse files before you, don’t panic. You have the opportunity to respond and file a counter-petition stating your desired outcome. If your case goes to trial, you will still have the ability to tell the judge your side of the story.
How long does a divorce take? May I stop paying child support because my ex-spouse will not give me my parent-time and access?