Are there any disadvantages if my husband files for divorce first?

UPDATED: Oct 1, 2022

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Are there any disadvantages if my husband files for divorce first?

We have been planning to file for divorce at the end of next month. My husband suggested today he wants a

divorce, threatening to leave me pennyless and take our daughter He is well known, an entrepreneur who has a full legal team in NY and L.A. I stay at home as the primary caretaker of our daughter, who has some additional needs. He decided to move us here from my home in L.A. 4 years ago and travels much between L.A. and N.Y. Are there any advantages or disadvantages for him filing for divorce before I can? My mom is

loaning me the money as I have no money of my own. Her loan is expected to be approved in the middle of next month.

Asked on December 23, 2018 under Family Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No substantive legal advantages or disadvantages: the court considers the same factors regardless of who files the case. There's a slight "momentum" or "control" advantage, in that the timing is under his control and you are left responding to him, within the time frame required by the courts for responding to the other side. This could force you into moving faster than you are quite ready.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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