Does it Matter Who Files for Divorce First?

 Posted on December 28, 2023 in Alimony

Divorce is a process that often inspires individuals to try and get an edge on their soon-to-be ex-spouse in any way possible, while, of course, staying within respective legal boundaries. One common question is whether it matters who files for divorce first in the state of Illinois. Discuss any and all considerations regarding this matter with your lawyer. 

Legal Considerations 

• Jurisdiction and venue – In Illinois, the spouse who files for divorce first has the advantage of choosing the jurisdiction and venue for the case. This can be crucial, primarily if the couple resides in different counties or states. By filing first, you can select a jurisdiction that may suit your case better, such as the one with more lenient or favorable divorce laws. 

• Temporary orders – The spouse who files first can request temporary orders, such as child custody, child support, spousal support, and exclusive use of the marital home. These orders can provide stability and financial support during the divorce process.

• Psychological advantage – Filing for divorce first may provide a psychological advantage, as it allows you to set the tone and control the narrative of the divorce proceedings. Being proactive in initiating the process may help you feel more empowered and in control of your situation.

• Financial considerations – The spouse who files for divorce first may have an advantage in terms of financial planning. You can start gathering financial documents, securing assets, and protecting your interests by initiating the divorce. This can be particularly beneficial if you suspect your spouse may attempt to hide assets or engage in financial misconduct. 

• Strategic positioning – Being the first to file for divorce allows you to set the timeline for the proceedings. This can be advantageous if you have a specific strategy in mind or if you want to expedite the process. However, consulting with an experienced attorney is crucial to ensure your strategy aligns with your best interests. 

Contact a Wheaton, IL Divorce Attorney Today

While there are potential advantages to filing for divorce first in Illinois, it is important to remember that each case is unique, and the outcome will depend on various factors. Consulting with an experienced family law attorney is crucial to understanding your situation's specific implications and developing a strategy that aligns with your goals. Contact the accomplished DuPage County, IL divorce lawyers with The Stogsdill Law Firm, P.C. for the foremost assistance in your divorce. Call 630-462-9500 for a private consultation.