Does it Matter Who Files for Divorce First?

In most cases, it doesn’t matter that your spouse filed for divorce first. It may be a factor if the case goes to trial in that your spouse will be able to present her side of the case first. However, with so few cases actually going to trial, the difference is minimal. The person who files first can change their mind and request that the case be dismissed. If there is not a counter-petition filed by the other spouse, the matter will be dismissed.

There is no logical advantage to filing first. There may be a psychological advantage in terms of who took action faster; however, there is no legal advantage.