Server's Corner

The Advantages of Filing for Divorce First

First date, first kiss, first to say “I love you”—relationships that lead to marriage experience a lot of firsts. At Roland Investigations, we have seen that for those that come to an end, one of the most important firsts is who wins the race of being the first to file for divorce.

Divorce is never an easy decision, but if you’ve reached the point where separation is inevitable, you should know that it’s beneficial to be the one who files first. While every situation is unique, there are several strategic advantages to taking the initiative in a divorce case. From legal positioning to financial control, being the petitioner can provide a significant advantage in the process. In this month’s article, we’ll cover what they are.

Control Over the Process

Filing for divorce first puts you in the driver’s seat. You get to:

• Set the pace of the proceedings instead of reacting to your spouse’s timeline.
• Choose the jurisdiction if you and your spouse live in different areas, potentially opting for a state with more favorable divorce laws.
• Prepare in advance by securing legal representation and gathering necessary financial and personal documents.

Being proactive allows you to strategize your next steps rather than being caught off guard.

Financial Planning & Asset Protection

One of the biggest concerns in a divorce is dividing assets fairly. By filing first, you can:

• Take inventory of assets and debts before your spouse has the chance to hide or deplete them.
• Protect community property by requesting court orders to prevent financial manipulation.
• Set temporary financial agreements regarding spousal support, child support, and expenses.

This early financial control helps ensure a fairer division of marital assets.

Advantage in Child Custody & Support

If children are involved, the first filer can often:

• Request temporary custody arrangements before the other parent has a chance to fight for sole custody.
• Establish a child support framework early in the process.
• Set the tone for co-parenting negotiations, ensuring the child’s best interests come first.

While the court ultimately decides custody based on what’s best for the child, filing first can give you an early advantage in shaping the parenting plan.

Psychological & Emotional Preparedness

Divorce is emotionally challenging, but taking control of the process can provide a sense of empowerment. Filing first means you:

• Have had time to emotionally prepare for the divorce rather than being blindsided.
• Can consult with a therapist, lawyer, or financial advisor before making any hasty decisions.
• Reduce the stress of waiting for your spouse to make the first move.

Being mentally and emotionally prepared can help you make rational, well-informed decisions throughout the divorce process.

Presenting the First Argument in Court

If your divorce goes to trial, the petitioner (the one who filed first) typically:

• Presents their case first, which can help set the narrative.
• Frames the key issues, influencing how the court perceives the case.
• Has time to gather strong evidence and legal arguments before the respondent reacts.

While both parties have a chance to present their side, the first impression in court matters and can be a strategic advantage.

Filing for Divorce First Can Offer Legal & Financial Benefits

We never hope it comes down to it, but if it must, we hope you have learned that taking the initiative in a divorce allows you to control the process, protect assets, and plan ahead for financial and custody matters. While filing first doesn’t guarantee a better outcome, it provides a strong foundation for navigating the legal complexities of divorce with greater confidence. For more information on the matter, contact your team at Roland Investigations today!

By Roland Process Service & Investigations Staff 2-1-2025