It does not matter, overall, who files first. The Plaintiff pays for the Court costs to file the action, and pays for the Sheriff (or private process server) to serve the paperwork. In Georgia, that is $205 for the Court filing fee, and $50 for the Sheriff. Service by private process is, usually, far more expensive than the $50.00 charged by the Sheriff.
In closing arguments, the Plaintiff's Attorney can make the first closing argument, and then they can make another closing argument when the Defendant's Attorney is done with their's. So, it's kind of like having a chance to rebut the other side's argument.
When a Defendant is served papers, they get to see what is being said in the paperwork before they have to file an Answer and Counterclaim, so they get to see the other side's "hand," so to speak.
Aside from all of the above, there really isn't much difference in who files.
Danielle D. D'Eor-Hynes, Family Law Center, LLC
www.hynesfamilylaw.com
Answered on Oct 09th, 2011 at 10:50 AM