QUESTION
Is it beneficial to file divorce first and why?
Asked on Aug 18th, 2015 on Divorce - Louisiana
More details to this question:
My husband and I are thinking of divorcing after 20 years of marriage. Is there any advantage in being the one that files?
9 ANSWERS
Bankruptcy Attorney serving Madison, WI
at
Richard B. Jacobson & Associates, LLC
Update Your Profile
There is not usually any advantage in filing first, assuming fair legal processes are followed. By not filing first, you save the court filing fee.
Answered on Aug 19th, 2015 at 1:02 PM
Not really, not in Illinois. The petitioner has more responsibility regarding who must be present at court dates, but the respondent is able to file motions to move things along if petitioner drags his/her feet.
Answered on Aug 18th, 2015 at 9:33 PM
Domestic Relations Attorney serving Omaha, NE
at
Diane L. Berger
Update Your Profile
There is no advantage.
Answered on Aug 18th, 2015 at 7:10 PM
Alimony Attorney serving Rockville, MD
at
Law Offices of Aimee C. Robbins
Update Your Profile
There is no advantage.
Answered on Aug 18th, 2015 at 6:32 PM
Medical Malpractice Attorney serving Clermont, FL
at
Joanna Mitchell & Associates, P.A.
Update Your Profile
In Florida, it makes no difference who files first, other than the fact that the one who files first pays the filing fee.
Answered on Aug 18th, 2015 at 5:04 PM
No there is no advantage as to who files of the petition. Florida is a no-fault state and there will be a marital settlement agreement in the works.
Answered on Aug 18th, 2015 at 4:46 PM
Divorce & Separation Attorney serving Menasha, WI
at
Petit & Dommershausen, S.C.
Update Your Profile
Not really. Whoever files pays the filing fee.
Answered on Aug 18th, 2015 at 4:40 PM
Family Law Attorney serving West Bloomfield, MI
at
Law Offices of Eugene Lumberg and Eric S. Lumberg
Update Your Profile
Filing first allows you to get ex parte orders dealing with important issues. Discuss these issues further with an attorney to make sure you know your options.
Answered on Aug 18th, 2015 at 4:20 PM
1 Award
If you live in different parishes, the person who files first will dictate which court will preside over the case.
Answered on Aug 18th, 2015 at 4:19 PM