People often wonder if there’s any advantage or disadvantage to filing for divorce first. Some wonder if a judge will look down on them for filing for divorce, and others wonder if filing first means they are the ones who are responsible for the divorce.
The short answer is neither of those is true. While there are many things a judge may account for in any final judgment of divorce, the first to file is not one of those factors in Missouri.
However, there are reasons you may want to file first or wait for the other spouse to file. The person who files first gets to present their evidence at trial first, but that also means the other spouse gets to put on their case last, which makes some people feel like they get “the last word.” Sometimes there are emotional reasons to file or wait to file. For some spouses, filing first gives them a sense of control over what can be a tumultuous time. For others, not being the one to file allows them to feel like they were not the first to “give up” on the marriage.
There is a lot to consider in deciding how and when to file for divorce; talking to an experienced divorce attorney is a good first step. For these or other questions about family law, please contact one of the family law attorneys at Sandberg Phoenix.
