Generally in Joliet or anywhere in Will County, Illinois, it does not matter who is first in filing for a divorce. The person to file for the divorce first is known as the Plaintiff or the Petitioner, while the other person is the Defendant or Respondent. It is possible that the party to file for the divorce first may incur more court costs than the Defendant. Some of the cost that the Plaintiff may incur comes in through filing and service fees. It has also been noted that the Plaintiff may gain extra duties because they initiated the filing. For example, the Plaintiff will be required to show up in court for a final court appearance for a process which is called a prove up.
Additionally, if the case goes to trial, the Plaintiff will also be given the opportunity to present evidence first. These extra duties can either be an advantage or a disadvantage depending on how some may view it. Either way, the extra duties are not substantial in nature. All in all, the person who files first does not get any preferential treatment because they initiated the cause of action.
If you are going through a divorce in Illinois and need legal representation or are contemplating filing for a divorce in Illinois and need some legal advice or assistance, contact Hamilton & Antonsen at 815.729.9220 to set up a complimentary consultation with an experienced divorce attorney.