If you and your spouse have discussed the possibility of divorce, you might wonder if filing first affords you any benefits in the process. There are some benefits for the petitioner in a divorce.
Understand the advantages of filing for divorce first so you know if it is the right choice for you.
You control the timing
There is never a good time to get a divorce, but if you opt to file first, you control the timing of the proceedings. Since the entire divorce process depends upon timelines that start counting on the day of the case filing, you control the timing of the entire process.
You get the first right to speak in court
The plaintiff, or petitioner, in the case will have the first opportunity to speak when you appear in front of the judge. Sometimes, presenting your case first gives you an opportunity to make a stronger impression.
You have an opportunity to choose your jurisdiction
If you and your spouse now live in two different counties or have residency options in a couple of different court jurisdictions, filing first gives you the chance to choose the jurisdiction that works best for your preferred outcome.
You get time to prepare
Perhaps the best reason to file first is that it lets you prepare for the case before you file. You avoid the surprise and last-minute scramble to gather information when you file.
You may find that filing first is best in your case, depending on your situation.