Is there an advantage to who files the divorce

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Is there an advantage to who files the divorce

Is there an advantage to who files the divorce

Asked on August 15, 2017 under Family Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Substantively, in terms of what you would be entitled to in the divorce (in child custody, in getting or paying support, in division of assets) there is no advantage to being the one filing. There is perhaps the slight "procedural" advantage of being the one who determines when to file and "sets the pace"; the spouse is left playing catch-up to some extent.


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