Who Should File for Divorce First?

Posted on February 20, 2018 by Chris Kirker

Although you likely will not suffer major consequences just because you are the Respondent in your divorce proceeding, there are some advantages to filing first you may want to consider.

If you are the first to file, you will have more time to plan before the process begins. Take some time to secure your finances and figure out what you need to do to protect your separate property.

You will have time to carefully select your counsel and discuss your options. People who are unexpectedly served with divorce papers are often pressured to quickly engage an attorney because the answer deadline is approaching. It is very important to choose the right attorney, and it’s best if you are able to take your time and not feel rushed by pending deadlines.

Some counties have automatic Standing Orders in place that address how the parties are to manage children and property during any divorce proceeding. If you file first in one of these counties, you have an advantage because your actions will invoke the protection of those Orders. Consult an attorney if you are unsure whether or not your county has these rules in place.

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