Are there any disadvantages if my husband files for divorce first?
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 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.
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