Does It Matter If I Am The First One To File For Divorce?
Can You Get A Better Result By Filing For Divorce Before Your Spouse?
One of the most common questions that we receive at our Orlando divorce law firm is whether or not it makes any difference who the first person is to file for divorce and whether it would help them get a better result for their case.
There is a lot of speculation on the internet on this issue that has caused people to think that the first person to file for divorce ends up with a better outcome in the divorce case.
But is this actually the case?
There are so many different legal issues that present themselves during a divorce that there is no cookie-cutter rule that can predict the result of a case regardless of what some divorce attorney may tell you during a consultation.
If you are hoping to end up with a better result on the division of assets or if you are wanting more alimony, then most of the time it simply will not matter if you are the first one to file.
I am of the belief that in the vast majority of cases it does not matter who files for divorce first. This is because in matters of equitable distribution of assets and in support cases the law is very clear on what the outcome should be regardless of which spouse files first.
But there are times when filing first can help.
One exception that I have seen would relate to cases involving child custody issues as part of the divorce.
Very often in a divorce that includes contested child custody issues there are certain types of safety allegations that are made which would provide one spouse a tactical advantage to be the first one to file for divorce.
Some other instances where it would be advisable to file first would include certain situations where domestic violence is being alleged, cases where one of the parties is about to move out of the jurisdiction and intends to remove children or property from court’s jurisdiction, and cases, where one spouse is dissipating assets and filing for divorce is the only way to stop it.
If you are facing an imminent divorce and have questions for an Orlando divorce attorney about your rights and whether you should be the first to file for divorce then contact our office today and schedule a confidential consultation with a divorce attorney who understands the law and can explain your options to you in detail. Call Now: 407-574-6155
Sean Smallwood is an Orlando divorce attorney for the law firm Sean Smallwood, Orlando Divorce & Family Law P.A. where he represents clients in all areas of family law and divorce. 100% of the practice is devoted to family law. As an attorney in Orlando, he has helped many families with a wide variety of family law cases including Divorce, Child Custody, Child Support, and many other issues.