Is it an advantage to file for divorce first?

Is it an advantage to file for divorce first?

One of the main legal advantages that a person gains by filing the divorce petition before his or her spouse does is that the filer can request a Standing Order from the court when filing the petition. If the matter should go to a hearing, the person who files the petition usually presents his or her case first.

What happens when you file for divorce first?

If you file first, you control when the divorce gets filed. You can decide to cancel the divorce, as long as she hasn't filed a response. You have until your spouse files an answer to your complaint to cancel the divorce. By filing first you are the plaintiff and she will be the defendant.

How long does it take for a divorce to be finalized after filing?

six monthsOnce you file the divorce petition and serve it on your spouse, you will have to wait at least six months for your divorce to be finalized.