Does The Person Who Files For Divorce First Have An Advantage?

Divorce can be a painful and long process. It can take several months and can be very costly, not to mention emotionally draining. Does it really make a difference who files for divorce first? Will it give that person an advantage over the other party? Find out here in this article.


You should start preparing very early, way before you plan to submit your documents to the court for a divorce. This is because the better prepared you are, the higher your chances are of negotiating terms of the divorce to your advantage.

You will also have enough plans to consider all your options and hash out a solid plan. Another advantage of planning early is that you will have additional time to find support, such as help around the house or a babysitter for your children. In addition make sure to be prepared for divorce rates too.

First choice

The first step is to plan for divorce. If your marriage has gotten to a point where you are sure you and your spouse can no longer stay married anymore, it helps to act first. You need to plan everything out before your spouse does, so you can have the first choice and have the terms your way.

If you plan for divorce first, you will have the first choice over who you want to hire for professional help, i.e., lawyers. You will have enough time, if you plan well ahead of the tie, to find the best attorney in your area.

For example, one of the best divorce attorneys in Houston can be found at Skillern Firm. You can easily find out this information by asking around or searching up for the best divorce attorney in Houston. But, of course, you need time to do your research. This is why it is always best to plan well ahead.

More control

The party that files the legal paperwork with the courts first allows them to have more control over the situation from the start. Filing first can also help you think of better, more strategic options. However, filing first does in no way give you any rights over the other party.

Choose the county

Filing first gives you the advantage to be able to choose what county, sometimes even state, to carry out this divorce in. However, bear in mind this can’t just be any random state. You must be eligible to file in the state you have chosen according to the rules of that area.

Time constraints

Filing first means you start the clock. You get to first complete your due diligence without any time constraints set by the other party because you filed first. The other party will have to work on your time, rather than the other way round.

Once the first party submits their paperwork, the court will set dates for hearings, trials, and deadlines. By filing first, you will be able to better predict these dates. This will give you the chance to be better prepared, so you can make whatever preparations you need to, as well as schedule appointments, meetings, etc.

There are many advantages to filing first for divorce. You should start planning early and ask your attorney if it is in your best interests to file first, as it can vary depending on the circumstance.