Does it Matter Who Files for Divorce First?

When filing for divorce, you need to consider all the nuances and difficulties you may encounter in preparing for the process. Simple tips from family law experts will help you navigate the situation better and be prepared for the consequences of your decision.

Consider the financial implications

If one spouse has sole custody of the children, filing for divorce first may give him or her an advantage in terms of alimony payments.

The initiator of the divorce proceeding also has priorities in the division of common property and assets. Before filing for divorce, you should familiarize yourself with all of the financial implications, the details of the future legal process, and your rights and responsibilities. This way the decision will be a balanced one, taking into account all the arguments for and against.

In the following table we can see the percentage comparison of men/women filing for divorce first during the 2010-2020 decade:

Divorce Statistics

Understanding the legal process

The plaintiff must submit the appropriate documents to the local court to begin the divorce process. This is a package of documents with information about both parties, including financial information and any other relevant details that may affect the outcome of the case. When submitting these divorce papers, it is important to make sure that all forms are properly completed and filed to avoid any delays or complications in the process.

Once all necessary paperwork has been submitted and reviewed by an officer, a hearing date will be set, and both parties will be required to appear in court. At this hearing, both partners can present their case and argue their right to the assets. Both parties must remain courteous throughout this process and prepare supporting evidence or testimony that could help their case if necessary. By understanding how to properly file for divorce and prepare for the hearing, you can ensure that your rights are protected during this difficult time.

Evaluate your relationship

Before deciding to file for divorce, you should carefully review all of the issues that relate to amicable arrangements. It is important to assess the relationship and determine the spouses’ willingness and ability to work together on a settlement agreement that is beneficial to both parties. If one partner is unwilling to negotiate or cooperate with the other spouse, it is best to enlist the help of a family law professional who will handle the preparation and filing of the printable divorce papers in NY. It is important to carefully consider all aspects of your relationship before beginning the divorce process.

Does it Matter Who Files for Divorce First

Think about your children

When preparing for a court hearing, it is important to consider the interests of your children. You need to organize the process in a way that minimizes emotional distress and stress for the child. To do this, you need to:

  • restrain emotions and avoid aggressive expressions;
  • do not fight in front of the children;
  • do not turn the child against his or her father or mother;
  • do not involve children in quarrels and conflicts.

If you decide to file for divorce, make sure you have all the necessary documents, arguments, and evidence. All of your financial information should be current and accurate; this will help minimize conflicts during the proceedings. Filing for divorce must also be done under local laws and regulations. Failure to do so could lead to delays in the process or other problems in the future. Such measures ensure that the children’s interests are protected and the negative impact on their psychological and emotional well-being is minimal.

Think about your emotional well-being

Many states require a mediator between spouses so that they can come to an amicable agreement. This can be done by seeking professional help from a counselor or psychologist. Counseling by a professional will help to make a peace deal. Support from the outside will help both parties understand each other’s point of view and come to a solution that works best for them.

Preparing for divorce proceedings is not always about rivalry and conflict. If both parties show respect and understanding for each other, they will be able to work through and work through their emotions and then come to an agreement that is best for everyone involved. By working on solutions and agreements together, you can get good results for both parties.

Talk to a Professional

A knowledgeable professional will advise on how to negotiate any disputes related to property division and advise on child custody issues. Talking to a professional will help you find out how long the lawsuit lasts and how long it will take to complete the divorce case after the documents are filed. By knowing this information, both parties will be prepared for the process and can move forward and move on with their lives. For more info on the divorce waiting period check out this article:

A lawyer or mediator can help manage the emotions of the partner who is filing for dissolution of marriage. This is an important decision that many people do not make easily and causes a lot of unpleasant emotions. A family law specialist who has experience with similar cases can provide unbiased advice tailored to your circumstances. It is very important during this difficult time to have someone you trust by your side, who will always support you and be on your side during this difficult time. Emotional and legal support is important to the successful outcome of your case.

Weigh the pros and cons

The problem can be exacerbated if both spouses are constantly in conflict and rivalry, and can’t agree on many issues. The plaintiff initiates the beginning of the divorce process, he takes responsibility for preparing all the documents and correctly submitting the forms to the courts. The situation becomes much more complicated if he or she does not fully understand the legal requirements that must be met to file divorce papers correctly.

To give you a recap of the basic tips for deciding to get a divorce first, we’ve created a handy infographic:


The decision of who should file for divorce first is an individual one based on personal circumstances. It is important to carefully weigh the pros and cons before making a decision. You should familiarize yourself with any potential risks or benefits associated with your choice.


  1. Meg Alexander, Attorney. Filing for Divorce First: Advantages and Disadvantages.
  2. Evident. Does it matter who files for divorce first?
  3. Hindustan Times. Tips to keep your mental health in check after separation or divorce.
Does it Matter Who Files for Divorce First?
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