Rethinking Petitioner versus Respondent in Divorce

The Divorce is not always a drawn-out costly process like the documentary Divorce Corp explains.  However, in some cases when you have a Jekyll Hyde estranged spouse a long divorce is inevitable especially if the petitioner selects litigation over mediation, this is my situation.  Whoever files for divorce has more control over the process. In a previous post, Petitioner or Respondent?, respondent is the ultimate choice from my perspective because there’s a personal hedge of protection mentally and you relinquish control to the controlling spouse minimizing potential abuse (the respondent is more optimistic and thinks counseling could solve the issues); however, if the marriage involves a Jekyll Hyde spouse, the divorce is going to take a very long time and the court system becomes the abuse tool (the court does not come close to the actual abuse, but it is abuse nonetheless).  Jekyll Hyde people cannot decide because of their dual mental state.  Divorce requires a decision maker, which is why I’m rethinking petitioner versus respondent.  Consider the following points when deciding to be the petitioner or respondent:

  1. Identify the pitfalls of your marriage that have led you down the divorce thought path. Are they situations that you can recover from?  Have you had consistent counseling?  Do you still have good memories from the past?  Did a major life event change your love for your spouse?
  2. Identify your pressure level (use a scale 1 – 10). Do you work great under pressure?  How do you know you work great under pressure, have you been tested at work or in your family?  Can you rise above the reactions of your spouse if they respond with venom from the action of divorce or the process?
  3. Identify your spouse. How is your spouse going to handle the pressure?  Do they understand their emotions or ignore them?  If they ignore them, filing before they do by mediation could be your answer.  Is the divorce feeling mutual?  Do you have children together that will be impacted by the divorce?  How will your spouse handle co-parenting?  Has your love for your spouse changed because of an outside factor that’s been impacting your spouse making your spouse behave differently?

Assets and children make divorce extremely difficult, sprinkle the relationship with major adversity such as abuse and it is 10x more difficult.  Abuse can include anything from verbal, emotional, financial, physical, sexual and neglectful actions toward each other or one spouse during the marriage and during the divorce.  If one of the pitfalls of your marriage is: we are just not communicating.  It is probably not a pitfall, but a challenge area that can be worked on and eliminated.  If one of the pitfalls is infidelity: this is a difficult pitfall to recover from, because the one that cheated for whatever reason destroyed trust and must be invested in rebuilding trust for the relationship to survive.  Rebuilding trust takes work.  If your spouse is remorseful and ended the affair immediately after you discovered it, you may want to wait to divorce to figure out if forgiveness could improve your relationship.  Do not be hasty with a divorce decision.

Another factor to consider is your pressure level.  Do you buckle when the going gets tough or do you gain strength from facing challenge?  Divorce will test everything about your personality and it will also measure how you cope with the emotional roller-coaster that accompanies divorce especially if you go the litigation route which I highly dissuade you of pursuing.

People who petition for divorce are usually the former rather than the latter.  Deciding to divorce eliminates ALL responsibility immediately.  The initial pressure of the relationship is lifted.  Divorce appears to be the easy-way out instead of facing the problems that started the conflict in the first place.  If you are a decision maker and the other person is challenged in the decision department, you should probably consider being the petitioner; however, only if you are high functioning under pressure.  Try to limit attorney involvement as much as possible.

Attorneys add to the pressure, they do not relieve it.  Financial strain increases when you have an attorney and an attorney is skilled at rhetoric, so if they need the business they will keep the tab open and file frivolous motions which adds more stress to an already stressful situation, another drawback of litigation.  A divorce will test your pressure level.  If you have little tolerance when it comes to pressure respondent; try to salvage your marriage as much as possible, and do not divorce!  Divorce is ugly and grueling.  If there’s no abuse, I am a huge proponent of salvaging your marriage and working out the kinks.  It is possible.  I have seen it happen.  Be sure to identify the pitfalls of your marriage by asking if it is salvageable, identify your pressure level and carefully assess how the other person will function in the divorce environment before you file and become the petitioner.

I have two children and I’m facing this Wild West court system alone.  If you read or get ideas from my original content please donate any amount on PayPal and send money to info@fyidivorce.com.

Thanks for supporting an unbiased divorce opinion blog at FYIDivorce.com

Author: fyidivorce

Hello! You can call me the Straight Shooter. Too many divorce resources come from a family law perspective; my goal is to provide divorce tips with no sugarcoating. I've chosen Straight Shooter as my alias to keep things on topic and define my tone in all posts and comments. Looking forward to open dialogue about divorce.

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