# Filing for Divorce first?



## This is me (May 4, 2011)

Is there any reason to file first? Benefits to it? According to the attorney I talked with, he claims not. But, I thought I read somewhere that it is best to be first.

We have no kids. She abandoned the marriage about three months ago.


----------



## gonefishin (Oct 7, 2011)

The good news is there are no children.

In your case because there are no children, I do not think it will matter much.

Considering your wife wants out, why not give her what she wants? Do you want to save the marriage? Filing first could trigger something within your wife and she may want to reconsider her options.


----------



## papa5280 (Oct 12, 2011)

:iagree:

From what I understand, there are no legal benefits to filing first. It's just the psychological benefits for either you or her to being the initiator/responder.


----------



## Jellybeans (Mar 8, 2011)

In the end, it doesn't matter who files first. Sure, the petitioner can write out what they want first, but in the end, if the parties can't decide, it all comes down to what a judge decides.

Some people like be able to say they filed first but really, it matters not.


----------



## Tall Average Guy (Jul 26, 2011)

This is me said:


> Is there any reason to file first? Benefits to it? According to the attorney I talked with, he claims not. But, I thought I read somewhere that it is best to be first.
> 
> We have no kids. She abandoned the marriage about three months ago.


It is your first step to your new life, what ever that ends up being. I see the benefit of moving from limbo and taking a bit of control back.


----------



## Walt (Jul 17, 2011)

There is a slight tactical advantage - you control the timing of the filing.

Also, since you initiated the divorce, if you decide to pull it later, you can.

You also get to state the reasons for the breakdown in marriage (irreconcilable differences, infidelity, etc.)


----------

