Wanda_Warren

Does it matter who divorces first?

4 posts in this topic

What is the legal terms based on who files for divorce first? Can the plaintiff loose money or property if he/she divorces first? I understand a matter such as this is not considered a game, but I happened to over hear this and I would like to know for future reference if this were to ever happen to me.

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Every divorce is different. Depending on the relevant circumstances and the applicable state laws and judicial guidelines, one spouse or the other might have some advantage by filing first or waiting to respond. If you are asking whether there is some intrinsic advantage accruing to the person who files first, the answer is no. If you are contemplating divorce, a local family law attorney can look at your particular circumstances and advise you how to proceed to your best advantage.

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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.

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