Posted 27 December 2012 - 07:53 AM
Your question -- and particularly the notion of "fil[ing] for divorce first" -- makes no sense at all. Either one spouse or the other will initiate the divorce by filing a petition or complaint (the terminology being dependent on the applicable state law). The other spouse will respond to the petition or complaint. There is no "filing first" or second, and, except in cases in which divorce is sought on a particular ground (e.g., adultery), it makes no difference which spouse initiates the divorce. On occasion, both spouses may file divorce petitions/complaints. How such a situation is handled depends on the applicable state law. Typically, however, the case filed first would proceed, and the latter-filed case would be dismissed.