Among the many questions frequently asked by clients going through divorce, one of the most common is: “Should I be the one to file for divorce?” Generally speaking, it legally does not make a difference if you or your spouse is the first to file.
However, as is the case with most rules, there are exceptions.
In some situations, there may be more than one county where you can properly file your divorce action. There may be factors and circumstances where it would be advantageous for you to file in one particular county over another. If that is the case, then you would want to be the one who files first. Your attorney can help you make this determination based upon his/her experience with the different counties.
There are other minor considerations to take into account when deciding whether you want to file first. Many attorneys prefer filing first for strategic reasons. If the case results in a trial and you are the person who filed, you will present your evidence first. Many attorneys believe this will give you an advantage in court.
With a combined 30 years of experience in family law, the attorneys at Raza & Jones, LLC, can answer any questions you have regarding filing and will advise you with your best interests in mind. For more information or to schedule a confidential consultation, call 314-449-8830.