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Does It Matter Who Files First In A Divorce?


Getting a divorce can be stressful, and it's normal to think that filing first might give you an advantage. However, it's a common misconception that who files first has a bearing on the outcome of the divorce. In this blog, we will clear up this myth and share everything you need to know about it.

Filing First For Divorce

In reality, who files for divorce first has no legal implications or consequences on the outcome of divorce proceedings. The divorce process will proceed as planned if you or your spouse file first. The only difference is in the time and place the divorce proceedings begin. Additionally, who files first has no bearing on which party will get more property or child custody.

Myths of Filing First

Some individuals believe that filing first will get a more favorable ruling from the judge. However, this is not the case. The court procedures are unbiased, and the judge reviews each case independently. The court focuses on the facts, evidence, and what's in the children's best interests. Therefore, the person who files first will not receive any benefit or advantage simply because they filed first.

When Filing First Matters

Filing first only becomes critical when a couple is trying to establish jurisdiction in a particular state. If both individuals live in different states, the state where the divorce is first filed may gain jurisdiction over the case.

How Can I Prepare For My Divorce?

Working with an experienced and aggressive divorce attorney is critical to ensure that your rights are protected throughout the proceedings. Additionally, an experienced attorney will be mindful of how the case may affect your finances and family members. They can provide you with guidance and support throughout the entire process, from filing divorce papers to child custody agreements.

Diligent. Aggressive.

It doesn't matter who files first in a divorce. The court procedures are unbiased and focus on the facts and evidence. Rather than focusing on who files first, prioritize finding an experienced and aggressive divorce attorney who will ensure your rights are protected throughout the proceedings.

At Parchman Law Group P.L.L.C., our divorce attorneys are dedicated to advocating for you during this difficult time. Whether you file first or your spouse does, we will be by your side throughout the entire process. Call us today at (713) 364-0777 to request a complimentary consultation.