Some people say that filing for divorce first gives you an edge. Others say it makes no difference at all. So, what’s the truth?
In this article, I’ll break down the pros and cons of being the first to file for divorce, including:
- When it might make a strategic difference
- When it won’t
Whatever your situation, a Philadelphia divorce attorney can help you understand your options and make informed decisions before you move forward.
How Does Filing for Divorce Actually Work?
Let’s start with the basics. Filing for divorce is what legally initiates the process.
- One spouse submits a petition to the court, which officially starts the divorce case
- That person becomes the petitioner
- The other spouse becomes the respondent
The petitioning spouse is responsible for ensuring that the respondent spouse receives the paperwork. However, the petitioning spouse does not have to do that themselves.
What Are the Advantages of Filing for Divorce First?
A lot of people ask what the advantages are of filing for divorce first. Here are the key benefits:
Strategic Preparation
If you’re the person filing first, you have time to:
- Plan ahead
- Gather the documents you need
- Strategize how you see your case going forward
You also have the first choice when it comes to hiring legal representation. This can be especially important in communities where there are fewer family attorneys.
Control Over Jurisdiction
Another advantage is control over what jurisdiction the case is filed in (when there is a choice).
If you and your spouse live in different counties or states, filing first may give you the ability to choose where the case is filed
Setting the Tone of the Case
The petitioning spouse gets to decide:
- What issues are brought to the forefront
- How the case is initially framed
This can shape the starting point of negotiations.
Emotional and Psychological Benefits
Filing first puts you in a proactive role and can make you feel more in control of the situation rather than feeling blindsided.
That emotional control can be empowering, especially during such a difficult time.
What Are the Disadvantages of Filing First?
While there are advantages, there are also downsides to consider:
Financial Costs
The filing spouse pays the initial court filing fees and is usually the first to incur attorney’s fees.
Potential Negative Perception
In some cases, people may view the filing spouse as the one “starting the fight,” even if that perception is inaccurate.
Emotional Toll
Being the one to take legal action can add pressure and guilt, especially if the decision to end the marriage is not mutual.
Does Filing First Actually Give You a Legal Advantage?
In most cases, no. Courts are designed to treat both spouses fairly, no matter who files first.
That said, filing first may provide situational advantages, such as:
- Choosing jurisdiction in dual residency cases
- Setting initial terms in your favor
- Having more time to prepare
However, when it comes to the final outcome, such as:
- Custody
- Property division
- Support
The law and the facts, not the filing order, are what matter most.
How Do You Know When To File First?
It depends on your situation. Ask yourself:
- Do I need time to prepare and strategize?
- Am I concerned my spouse might file first in a less favorable jurisdiction?
- Am I emotionally ready to take the first step?
Sometimes, waiting can be a better option, especially if you are trying to negotiate an amicable split.