Does It Matter Who Files First for Divorce?

I’m often asked does the judge favor the person who files for divorce first, or does the person who files first have an advantage over the other person?  Generally, the answer is “No”. There is no rule that the person who files first gets extra points for doing so.  However, there are situations where you may want to be the first person to file.  For example, if your spouse has cut off all of your access to the family bank accounts, then you need to file first rather than waiting on them to file.  Or, if the other parent of your child takes the child and won’t let you see the child, then it is imperative to file as soon as possible. 

With all of that being said, judges don’t care who files first.  You just need to make sure that you don’t sit back and wait on the other side to do something if doing so will only make your situation worse.  If you have questions on whether you should file first or wait, call me.  I’ll be happy to sit down with you and discuss all of your options.

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