Myth #1 – First to File Has the Advantage in Divorce

There’s absolutely no advantage legally to filing for divorce first as far as the courts are concerned.

There might be personal reason for the race to the courthouse, but they make no difference to the outcome of the hearing.  Filing, has advantages, whether you are first to file, or not.  You have to file for divorce to petition for temporary relief (attorney fees, temporary child support, spousal support, etc.).  Filing early could be in the best interest of the disadvantaged spouse financially, but not legally.  For the spouse with more resources, there is also a financial advantage to filing early.  Once you file, anything that you acquire is generally speaking, no longer considered a marital asset. So, if your itching to go out and buy that new exotic sports car, it might make sense to wait until either spouse has filed for divorce.

While there is no legal advantage to filing first, there are other advantages to filing early for divorce.