Divorce is a tumultuous experience that can leave individuals feeling emotionally drained and unsure of how to proceed. One question that often arises during this time is, “does it matter who files for divorce first?” There are a myriad of factors to consider, and here we’ll try to shed light on them.

Understanding the Divorce Process

Divorce, also known as dissolution of marriage, is the legal process of ending a marriage. In most jurisdictions, divorce requires the sanction of a court or other authority in a legal process.

The legal process for divorce may also involve issues of alimony (spousal support), child custody, child visitation/access, parenting time, child support, distribution of property, and division of debt.

Contested vs Uncontested Divorce

Before diving into the implications of being the first to file for divorce, it’s essential to understand the difference between a contested and uncontested divorce.

An uncontested divorce is where both spouses agree on all terms of the divorce, including child custody, child support, property division, and alimony. This type of divorce typically speeds up the process and reduces legal costs.

On the other hand, a contested divorce is when spouses cannot agree on one or more key issues. In this case, the court will have to make the final decisions.

Advantages and Disadvantages of Filing for Divorce First

There are several considerations that come into play when deciding whether to be the first to file for divorce. Here, we’ll break down the potential advantages and disadvantages.

Advantages of Filing for Divorce First

Financial Preparation

Being the first to file for divorce provides an opportunity for financial preparation. It allows the filing spouse to gather all the necessary financial documents and get a clear understanding of the marital assets and debts. This could prove beneficial in the property division process.

Control Over Proceedings

Filing first can also offer control over the divorce proceedings. The spouse who files first often gets to choose when court dates are established, which can be advantageous, especially in a contested divorce.

Choosing the Jurisdiction

In certain instances, there may be more than one court location where the divorce case may be properly filed. Filing first ensures that the case is filed in the location most convenient for the filing spouse.

Disadvantages of Filing for Divorce First

Alerting the Spouse

When a person files for divorce, they typically have to list their demands. This allows the other spouse to become aware of these demands and potentially prepare a counterattack.

Additional Financial Obligations

The spouse who files first might have to pay the filing fees. Furthermore, they might potentially incur more attorney fees due to the additional work required in initiating the process.

Other Considerations

While being the first to file for divorce can offer certain advantages, it’s important to not rush into filing. For example, if there’s a possibility of salvaging the marriage through counseling, it may be worthwhile to explore that option. Also, divorces take time so it’s not to be rushed into.

Choosing the Right Legal Counsel

Choosing the right legal counsel is crucial, regardless of whether you’re the first to file for divorce. A seasoned divorce attorney can provide the necessary guidance and support throughout the process. This includes helping you understand the potential advantages and disadvantages of filing first.

The decision to file for divorce is a highly personal one and should not be taken lightly. While there can be strategic advantages to filing first, what matters most is that each individual feels confident in their choice and is prepared for the process that lies ahead.

Every case is unique, and the information provided here is general in nature. If you’re considering divorce see the main reasons why and try and fix them if possible. It’s best to consult with a legal professional who can provide guidance based on your specific situation.