Do You Know the Advantages of Filing a Divorce First? Find Out!

Divorce is a significant life event that can be emotionally and legally complex.

image of a lawyer
Do You Know Advantages of Filing a Divorce First?

One common question that arises is whether there is any advantage to being the first to file for divorce.

This article delves into the potential strategic benefits and considerations of filing first, as well as answers to frequently asked questions on the topic.

Advantages of Filing Divorce First

Advantages of Filing Divorce First

1.Gaining the Upper Hand in Preparation

Filing for divorce first can provide the opportunity to prepare your case thoroughly, potentially giving you a strategic advantage in court.

2.Choice of Jurisdiction

The person who files first may have a say in which jurisdiction the divorce proceedings will take place, which can be beneficial if the laws are more favorable in their state or county.

3.Psychological Impact

Being the petitioner can sometimes offer a psychological edge, as it puts the individual in the position of the initiator rather than the responder.

4.Control and Timing

Being the first to file can give you a slight control over the case, such as deciding when the divorce gets filed and potentially influencing the jurisdiction of the proceedings.

5.Preparation and Evidence Gathering

You will have more time to prepare your case and gather evidence, which can be crucial, especially in contested divorces.

6.Financial Positioning

Filing first may allow you to secure a more advantageous financial position by being proactive about asset and debt division.

7.Surprise Element

If the divorce is unexpected by your spouse, filing first can give you a head start in planning, both financially and strategically.

It’s important to note that these advantages can vary based on individual circumstances and local laws.

Consulting with a legal professional is always recommended to understand the specific implications in your case.

What to Consider Before Filing Divorce

 Before filing for divorce, it’s crucial to consider several factors to ensure you are prepared for the legal and emotional journey ahead:

Does filing for divorce first put me at an advantage in custody arrangements?

Not necessarily. Courts consider the best interests of the child, regardless of who filed first.

Can filing first help me protect my assets?

Filing first can allow you to prepare and present your financial situation accurately, but it does not guarantee asset protection.

Will I receive more alimony if I file for divorce first?

Alimony is determined by various factors, such as income and marital standard of living, not by who filed first.


While there are certain strategic benefits to filing for divorce first, it’s essential to weigh these against the potential emotional and financial costs.

Consulting with a legal professional can help you make an informed decision that aligns with your personal circumstances.

Leave a Comment