Does It Matter Who Files for Divorce First?

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One common question that arises when considering divorce proceedings is whether it makes a difference who files for divorce first. The short answer is that, in most cases, the spouse who files first may gain certain strategic advantages in the divorce process, particularly in the state of Florida. Let’s delve into the details to better understand this aspect of divorce proceedings.

Initiating the Process

When a spouse files for divorce, they become the “petitioner,” and the other spouse is termed the “respondent.” The petitioner is the party who starts the legal process by submitting the divorce petition to the court. Being the petitioner allows the initiating spouse to have some control over the timing and initial direction of the divorce process.

Time to Prepare

Initiating the divorce first gives you time to gather important documents  – such as tax returns, bank statements and investment accounts; and, will allow you time toorganize or reconfigure your financial situation before your spouse is aware of your intentions.

Strategic Advantage in Court

Filing first also allows the petitioner to frame the issues and set the tone for the litigation..  As the first party to file, you will be able to present your case and witnesses first at trial, allowing you to make arguments to the court before your spouse has a chance to respond.

Financial Impact

Filing first allows you to immediately request court orders that prevent your spouse from making major financial moves, such as transferring, hiding or depleting marital assets.

Emotional Considerations

Apart from the legal implications, there may be emotional or psychological benefits to being the petitioner. Initiating the divorce can provide a sense of empowerment and control over an otherwise challenging situation.

Final Thoughts

While being the first to file for divorce can offer strategic advantages, it’s essential to approach divorce proceedings carefully and with expert legal guidance. Johnson Ritchey Family Law Firm will help you understand your rights and options in the divorce process. Contact us to schedule your consultation.