Is there any advantage to being the first one to file for divorce?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is there any advantage to being the first one to file for divorce?
Asked on August 26, 2010 under Family Law, Illinois
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
It really depends on what you mean by "advantage." If ou file first then you are the "plaintiff" - the person who has brought the suit and who must prove the case sufficiently to the judge to get what they want - a divorce. The party sued - "defendant" does not have to prove the case only defend against the allegations made. If the divorce is wanted by both and therefore uncontested then it may not matter, especially if your state has what is called a "no-fault" divorce meaning that you don't have to go around accusing someone of anything like adultery or cruelty. Issues as to distribution of assets are wither agreed or tried by the judge and what is or is not will not depend on who you are in the suit. Same goes for child custody, support and visitation. The defendant can make the same terrible allegations against their spouse as the plaintiff and counter sue. I guess ego makes it matter. At this point, though, it may not be worth the fight.
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 AttorneyPages.com 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.