Is there an advantage to filing for divorce first? - Child Custody Law Questions and Answers- LawQA.com

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Is there an advantage to filing for divorce first?

I think my spouse and I would like to get a divorce. Is there any advantage to filing first?

The Davies Law Firm, P.A.
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Yes, if you file, then you have some more control over how quickly things go in court.

Answer Applies to: New Jersey
Replied: 8/26/2011

Beresford Booth PLLC
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In most cases, there is no advantage to who files first, unless one files for temporary orders at the same time as filing.

Answer Applies to: Washington
Replied: 8/24/2011

Bagwell Holt Smith Jones & Crowson, P.A.
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By filing first, you select the Court venue. You can also get the process started sooner rather than waiting for your ex to file and serve you. Courts in family law cases do not give an advantage otherwise to the party listed as Plaintiff. Our firm offers legal consultations (via office/phone/skype) throughout NC for a fee of $75.

Answer Applies to: North Carolina
Replied: 8/24/2011

Answer By Glenn E. Tanner
Glenn E. Tanner
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Some but not much.I prefer to file first when it is a litigated case so I get to talk more but the advantage is minimal at best.

Answer Applies to: Washington
Replied: 8/23/2011

Answer By Roy L. Reeves
Reeves Law Firm, P.C.
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The number one advantage is that the party who files first gets to go first at trial, if the case makes it that far. The second advantage is that you get to decide when to file, and do not have to sit around wandering or waiting for your spouse to start the process.

Answer Applies to: Texas
Replied: 8/23/2011

Answer By Hugo Florido
Hugo Florido ESQ.
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There are no advantages to filing first.

Answer Applies to: Florida
Replied: 8/23/2011

Law Office of Roianne H. Conner
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The person who files is usually the person who drives the divorce action and has an advantage if this is a contested divorce.

Answer Applies to: Alabama
Replied: 8/23/2011

Correia-Champa & Mailhot
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There is no advantage to filing for divorce first.

Answer Applies to: Massachusetts
Replied: 8/23/2011

Michael D. Fluke, P.A.
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Opinions will vary amongst even experienced attorneys if there is an advantage to being the Petitioner as opposed to the Respondent. My position is that it doesn't make a difference. A case can be advanced just as much as the Respondent who has filed a Counterpetition as the Petitioner. The one reason to file first is that the process has to start somewhere. In the absence of a written separation agreement, debts remain marital and can still be the equal responsibility of both parties. The only way to end this joint responsibility is to enter a written separation agreement or to file for divorce. One side may be less motivated to start the process for fear of having to be completely responsible for their own debts, for fear of a child support obligation and/or an Alimony obligation. If you know your marriage is over, there are very few reasons not to start the process. I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.

Answer Applies to: Florida
Replied: 8/23/2011

Rhonda R. Werner Schultz, PL
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Attorneys like to be the first to file a divorce if a trial is anticipated because the petitioning party gets to present their case first to the court.

Answer Applies to: Wisconsin
Replied: 8/23/2011

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