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Advantages of Being First To File
In general, it really does not matter who files the petition for divorce.
But here are the reasons given for wanting to be first:
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Psychological advantage. In the "eyes of the world," you can claim that you
were the one who filed for divorce.
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Temporary custody. Occasionally, a first filer will get sole temporary
custody without giving the other side an opportunity to appear and argue his
case. The way this happens is that this party, often the woman, claims
that her husband is abusing her and the children. The judge has no way of
knowing whether this is true. In order to be safe, the judge grants
immediate temporary custody to the mother, without giving the father an
opportunity to come into court and be heard. But this is rare.
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Lead time. After the filing, the other party has a limited amount of time to
file a response (which is basically an acknowledgement of the petition). If
you are first to file, this may mean that you had more time to interview lawyers
and find one you like.
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Disclaimer: We are not giving legal advice. No warranties. We disclaim all legal liability. More...
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