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Should I file for divorce before my spouse does?

There is a belief that the person who files first, especially in a divorce situation, may have some type of strategic advantage. The person who files first is known as the petitioner. The person who then response is known as the respondent. The petitioner can have the ability to set the tone of the case in a little bit. So if the petitioner alleges all sorts of spicy allegations, the respondent may have to respond in kind, and that can change in a certain way, set the tone of the litigation

The petitioner also has the ability to go first in terms of presenting evidence at trial. The petitioner's attorney is usually also the attorney who drafts the final paperwork, known as the final decree of divorce, which is the order that the parties will live by for years going forward after the divorce is completed. While these are some slight strategic advantages, they're nothing that cannot be overcome through strategic planning with your Council if you are the respondent. So if your spouse filed first, don't stress about it. Just talk to your Council about it. If you're thinking about filing for divorce, however, maybe don't wait.