Does it Matter Who Files for Divorce First?

When it comes to divorce, one of the spousal parties has to make the first move and initiate the process. When it comes to this process, being the first to file for divorce could impact the divorce and how decisions are made. Below are why you should be the first to file and what that means to the court system reviewing your case. 

Should You File For Divorce Before Your Spouse?

While it only takes one party to file for divorce, both parties can make a case to their lawyers, but the person who files first will have a few advantages. The party that gets the divorce filed first is the case’s petitioner. The other party can also file for divorce, but if it enters the system after the other spouse, their case will be reviewed afterward. 

Why Being the First to File for Divorce Matters

As the first to file, there are several benefits and advantages that will be in your favor as the petitioning party. No matter what comes out in mediation or court, when the divorce decree is written, the spouse filing first will set the foundation for the divorce. 

Manage the Divorce Pace

As the petitioner, the divorce can go at your pace, and your spouse is left following your timeline. This advantage helps you expedite the process if needed or take the time to make quality decisions about property, assets, and children who may be involved. Because of this advantage, the petitioning spouse has the opportunity to generate the first impression of the divorce situation to the court. The reasoning used is the initial information presented to the court, which can impact the speed and direction of the divorce as it continues through the process. 

Home Field Advantage

As the petitioner of the divorce, you have the ability to determine where the court proceeding will happen and manage the environment. You must also follow the local and state laws of divorce proceedings in your area. As long as those requirements are met during the process, you have the advantage of having the divorce near you where it is convenient. This is especially helpful when spouses have been separated and living in different states. If you initiate the divorce and live in a different state from your spouse, this advantage alone can be enough to intimate the divorce. 

Request Probationary Orders

As the party who is initiating the divorce, that spouse is able to make any request for orders regarding custody, funding limits, and even spousal support. Of course, these orders are placed on a temporary basis and are reviewed again at mediation, but they allow the petitioning spouse to take advantage of the divorce, and the other party will be required to follow those orders. If you are the spouse who did not file, you will only be able to petition these orders and then have to file your own case for divorce before you can request your own orders from the other spouse. 

Securing Your Legal Team

You have the ability to secure the legal team you want, which means that the other spouse is limited. If you have a particular firm in mind, your spouse will have to choose a lawyer from a different firm, limiting their options. For many couples, having the advantage of all divorce lawyers can make a difference in their case. 

First Step: Talk to a Divorce Lawyer

Before you decide to proceed with your divorce, it is best to meet with a lawyer. Although there are several advantages of filing first, there is a drawback, and that is putting all your evidence and case out there for your spouse and their legal team. A divorce lawyer can help you adequately file for divorce and only show your cards if necessary. 

A divorce lawyer has experience in initiating these cases and can help you determine what evidence you need right away, determine what orders are necessary for the interim until mediation, and help you get prepared for one of the biggest life changes you will experience over the next few months to a year. 

Let Greenville Family Law Help You Through A Divorce

Our team of legal professionals is here to assist you with questions or concerns you may have as you begin navigating this process. Contact us at Greenville Family Law today for more information and to schedule a consultation.