Does It Matter Who Files For Divorce First?

Rohan Mathew


Filing for divorce may not be the best decision, but sometimes it is the only option for a happy and peaceful life. Filing for divorce is more than just submitting papers or having a mutual agreement. The divorce process follows a legal procedure, such as filling out a legal petition in court. Should I file for divorce first or last? It is the most frequently asked question about the divorce process. It might be advantageous to file for divorce first, but that does not apply in all cases. It is important to get the correct information from a top divorce lawyer in Arizona. The right divorce lawyer will advise you whether to file for divorce first based on your situation. Have a look at this;

Benefits Of Filing For Divorce First

You Gain Full Control

Filling in for divorce first will give you more control over the process than filling it in last. Being the first to think and file for divorce will provide you with enough time for preparation while the other partner is not aware. Being the first gives you an upper hand in canceling the divorce or deciding when the case should be taken to court. Also, filling first makes the other person a defendant, and you, a plaintiff, hence you will enjoy all benefits of the plaintiff. 


 Filling in first for divorce allows you to prepare and gain composure before the whole process. The divorce process comes with emotions, especially when children are involved. Filling the first will enable you to prepare psychologically and economically. Before your spouse signs a divorce consent form, you will have enough time to gather receipts, alibi, and pieces of evidence for the court process. However, to be successful in your divorce filing, you need to be ready with a professional lawyer and finances. Filing for divorce first will give you enough time to double-check joint assets or investigate hidden assets.  

 You have the Final say

 Since you are the plaintiff, you will have the first and last word. The defendant will only have to respond to the questions once or twice. Before the court makes the final decision, you will have to say the final words.  

 Downsides Of Filling Divorce First

 Financial and Emotional Issues

 Filling for divorce first will require you to pay more money. Being the first one will require you to hire a lawyer and pay for a process server, which is expensive. Since divorce is an emotional process, being the first will make you feel like the wrong person. Feeling like a bad person may lead to stress or anxieties. Despite the emotional exhaustion caused by the divorce process, sometimes it is better to take risks than live in a toxic marriage that may cost your life. 

You Get to Show your Hand

 If you file for divorce first, the defendant will know your complaints, making it easier to formulate strategies to counterattack. When filing for divorce, first, you need to list all your demands and be logical and realistic to avoid being challenged by your defendant. If you don’t prepare well for an interview, your defendant may provide a profound argument that may have the judge thinking twice. Give more than what the defendant may have. Do not leave any room for defeat if you decide to go first.  

 Kills Hope And Opportunity For A Promising Marriage

 Filling first is often the best option when the marriage is broken; for instance, you can decide to file first if you are in an abusive marriage and there is no hope to revive the marriage. Filling first when you are unsure of the decision may affect the chances of reviving the marriage in the future. If the case is already in court, chances for reconciliation are often slim. 

Taking your spouse to court is profound and reduces chances for revival. Depending on your situation, you can either file for divorce first or last. Not all cases require you to file for divorce first; sometimes, reconciliation is the best option. Trying other options, such as mediation or reconciliation, may be the best decision for your marriage. 

Hiring a divorce lawyer may be the best option if you want advice on how to go about the process. You need to understand some facts about divorce. For instance, whether you can get custody first means filing a divorce first. A professional lawyer with the right skills and experience can answer all legal questions regarding divorce. Also, you may want to understand divorce terms, such as what a consent decree is or an annulment is. If you want to begin your divorce process, you need to work closely with an attorney who will help you make the right decision.