Does It Matter Who Files for a Florida Divorce First?

Being the first spouse to file for divorce doesn’t necessarily determine the outcome of the case, but there are situations where there are strategic advantages to being the one who initiates the process. Comprehending the legal and practical implications of different divorce filing timelines can be helpful. Talk to a Port St. Lucie family law attorney to learn more.

Why You May Want to File First

In Florida, courts don’t favor one spouse over the other based on who files first. A no-fault divorce state, you don’t have to prove wrongdoing to file for divorce in the Sunshine State. That said, being the first to file can still offer several advantages.

• Timing benefits. Filing first allows you to control the timeline for initiating the divorce. This can be particularly beneficial if you’ve already decided to move forward and want to avoid delays or surprises.
• Choice of place. The filing spouse chooses the county where the divorce case will be heard, as long as one party resides there. If you and your spouse live in different Florida counties, filing first allows you to select a venue that may be more convenient or favorable.
• Moving forward with a filing gives you time to prepare financially and emotionally. You can gather necessary documents, consult with an attorney, and plan your strategy before your spouse is served with divorce papers.
• Setting the tone. As the petitioner (this is the term to describe the person who files), you outline the initial terms of the divorce in your petition. While this doesn’t guarantee the court will grant everything you request, it provides a starting point for negotiations.

Deciding when to file for divorce is a personal decision influenced by your circumstances. Often individuals report they decided to file due to irreconcilable differences, noting that both spouses have tried to repair the relationship but cannot resolve key issues. In other situations ending a marriage is necessary because of safety concerns or financial uncertainties.

What to Do Before Filing

Before filing for divorce, consult with an experienced Port St. Lucie family law attorney. Attorneys can help you understand your rights, explain the different Florida divorce laws that may apply to your case, and ensure you’re fully prepared for the process. They can also assist you in organizing documents as you will need bank statements, tax returns, and mortgage information to complete your financial picture and protect your interests.

While filing first doesn’t guarantee a better outcome, it can provide benefits. Work with legal professionals to have your unique circumstance so you can make informed decisions.

Have you been mulling over when to file for divorce? Contact the legal team at Baginski, Brandt & Brandt to schedule a meeting and discuss your options. When you share the specifics of your marriage and your divorce objectives with a legal professional, they can guide you toward the future you want to achieve. When you are ready to protect your rights and move forward with confidence, schedule a confidential consultation, simply reach out.