Florida divorce does it matter who files first

Taking the first steps to end a marriage is never an easy task. Even when the terms appear clear, such as in the case of infidelity, there is no set playbook about who seeks counsel and when.

One spouse may develop uniquely individual reasons to seek separation and their request can come as a shock, with no outward sign or prior discussion of it. Regardless of the circumstances, divorce may feel like an unsuspected blow to the receiving party. Some of the most common questions we hear at the beginning stages are:. This means when you are on the receiving end of divorce papers, it does not assign a legal advantage or disadvantage to either side, whether you filed first or not.

In fact, the judge hearing your divorce case may not even consider the reasons why you filed in the first place. This fact remains true for your Florida divorce attorney as well. A good legal counsel is the key to staying afloat during Florida divorce proceedings. Last but not least, the petitioner can find emotional closure faster than the other spouse.

After all, being the one who initiates the process can feel empowering and can help the spouse find emotional closure faster. Despite the six advantages of being the first to file for divorce in Florida, there are potential disadvantages to consider:.

If you hesitate to file the petition, consult with an Orlando divorce attorney at Greater Orlando Family Law to discuss your case. Call at to get a consultation. Close Menu. Menu Call Email Search. We at Greater Orlando Family Law remain available daily, dedicated to your representation and to serve new clients here in Central Florida.

Why You Should File for Divorce First The following are the advantages of filing for divorce first: Less Stress and More Time to Prepare Often, a spouse was is served with the petition for dissolution of marriage is caught off guard, especially if they did not see it coming. Safeguarding Your Finances By filing for divorce, the petitioner no longer bears joint responsibility for debts accumulated by their spouse after the date of the filing. Protecting Yourself with a Temporary Restraining Order The petitioner also has the chance to apply for a temporary restraining order against their spouse.

More Confidence and Control Filing first is also beneficial if you are worried that your spouse would not agree to the divorce or that they would put off initiating the process. Another excellent discussion!

That is the advantage of getting a great group together to brainstorm an issue. Be sure to look around our website for more in-depth articles on divorce, custody, and protecting your personal rights.. Meanwhile we hope to see you come back to the Ayo and Iken roundtable.

Our specialized content, video, and other informative media are based on input from Ayo and Iken team members, outside guests, former team members of Ayo and Iken, independent journalists, and subject-matter authorities. The opinions expressed do not necessarily reflect the official position of Ayo and Iken.

Attorneys that are not current team members at Ayo and Iken may be reached through their member listing on the Florida Bar website: www. Today's Roundtable Discussion:. Does it matter who files for divorce first? Robert Napper. More Roundtables. Roundtable Index. Social Media in Custody Cases. Mediation in Divorce Cases.

A Discussion on Strategy. Guardian Ad Litems in Custody Cases. Child Abuse in Custody Cases. How to Kill a Custody Case. What to Expect in a Trial.

When People Lie in Court. How Drug Abuse Affects Custody. Mistakes Men Make in Divorce. Can a Child Choose? Moving Out of the House. The Judge Doesn't Like Me. Ex Spouse Moving with Kids. Alimony - a Moving Target. Saving Money in a Divorce. Does it matter who files first? Preparing for Divorce. Hide money before divorce? Discussion on Alimony Reform. Children Testifying in Court. Alberto Ayo.