Who Files for Divorce First?

Separating from a spouse is hard. The process of divorce, which can be complicated, doesn’t really help. While there are some situations in which a divorce filing may come as a surprise for one spouse, most of the time, both parties are aware of the decision. So, among the many questions that come up when you’re getting ready to file may be: “Who files for divorce first?”

Advantage of Filing First

legal gavel on top of divorce papersBecause Florida is a no-fault state, no one has to give a reason for divorce. You only have to claim that the marriage is broken. A lot of the time, the reasons for divorcing are not a real concern. So, it does not matter who files first. There is no legal advantage to it.

There are sometimes emotional advantages to being the first to file. When you file first, you are the Petitioner and your spouse is the Respondent. While those titles don’t carry much weight in the legal system, if you have been anxious to move forward in the process, filing first may feel like a relief. If you ever have very strong feelings about your divorce, whether positive or negative, it never hurts to evaluate them. You can even seek help from a professional; there is no shame in that. However, wanting to be the one to file first, and filing first, are very normal.

If you are not the first to file, there are any number of feelings you may have. However you may feel, it’s important to take action quickly. You have a limited amount of time before you must respond, and you will want to consult with an attorney, first.

When it comes to the question, “who files for divorce first?”, the answer is not a truly important part of the divorce process. What is more important is having the right representation through the process and following the law. Trust Miller Law to help you through affordably.


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