To gain clarity about your case; this way you'll be able to provide all of the required evidence that can help you build strong arguments to get your divorce. Both options can be used at the same time. In other words, you could ask for annulment and check to see if you have evidence of sexual adultery. If your spouse doesn't want to be part of this process, like refusing to consent or opposing to the annulment, you may either send an email stating they're not interested, or respond with a response. If the court does not accept the application of your lawyer, their expenses will be refunded.
The court will also pay for your attorney's fees to represent you, and any deposit made to initiate proceedings, if your spouse withdraws their divorce petition. But that's not saying that your lawyer will not give you a bill for the services they provide. If your case is concluded, they are allowed to bill reasonable fees. They will not be able to charge you anything if your proceeding is not concluded.
Let's say the court refuses to grant your petition to marry because it does not meet certain legal requirements. The court may order the respondent to pay to cover the costs of legal representation when representing the petitioner. In some states, the judge may have made this an automatic, legal award after the petition was frivolous that was later dismissed.
In addition, any party who dismisses a divorce petition prior to a hearing on the entirety of the divorce issue (child custody, support , and property division) is required to be responsible for the attorney's fees that were incurred by that opposing party to address the petition. This includes any expenses which are not incurred prior to the filing of the petition.
You are forced to pay the costs of your solicitor upfront before you even file the petition, which gets paid back to you minus their already-earned fees, in all likelihood (which can be extensive). There is no way to avoid paying this refund is to reside in a state where the filing fees.