
Does It Matter Who Files for Divorce?
In the big picture, no, it does not matter who files divorce first. However, if you take a deeper look, you’ll find that there are some advantages to being the one who starts the process. First, you can set out what you would like in the divorce petition, and your spouse would file a response including what they want (if it is different). This puts you in a proactive position instead of a reactive one. In some cases, this makes no difference - for instance, if you and your spouse agree on all relevant matters - but in others, it might give you an advantage. If you and your spouse are unable to settle property division, support, or child custody, and the case needs to go before the judge, the…