Filing For Divorce First: Does It Really Matter?

[Photo from hope-church.tv]

In this blog about divorce in Georgia, we enjoy discussing issues which arise in celebrity divorces.  We also include posts about movies dealing with divorce and even a few divorce jokes of the day!  But we also enjoy including some practical divorce tips and information for you to discuss with your own divorce attorney.  Today, we address the question of whether or not it matters who files for divorce first.

So, you have finally decided to divorce your worthless spouse, "Sluggo!" Now, you wonder -- does it really matter who files for divorce first?  In other words, should you be concerned about racing Sluggo to the courthouse?

As an Augusta, Georgia divorce attorney, I can tell you that, generally, it does not matter who files for a divorce first.  In other words, even if Sluggo files a divorce complaint and gets your served first, you and your divorce lawyer will still be able to file an answer and counterclaim, and set forth all your facts and legal arguments.

That being said, as a divorce attorney, I have also seen some circumstances in which filing first may provide some advantage.  For instance, if you are concerned about your spouse moving away, then you should discuss with your divorce lawyer the importance of getting him or her served before they leave the area.

Also, in some cases, I have seen some psychological advantage in the idea of "going first" and getting Sluggo served first.  In other words, in some cases, if Sluggo is a control freak and believes that he can control how and when you get a divorce, then there might be some advantage in taking away the control and having a deputy put divorce documents in his hands!

So, in the final analysis, in most divorce cases, it may not matter who gets to the courthouse first.  However, in some divorce cases, there might be some advantage in filing first for a divorce and "making Sluggo's day!" Of course, every divorce is different and we recommend that you discuss all your rights and options with your own divorce attorney!