Ending a marriage is never easy. You do not want to be blindsided by your spouse, but you may also not be emotionally ready to file for divorce yourself. One common concern that arises in this situation is whether there are any significant advantages or disadvantages to filing first. Will such a move put someone in a better position?
How divorce works in Florida
In Florida, either spouse can file a Petition for Dissolution of Marriage without needing to cite fault. Instead of providing grounds for divorce, you can simply declare the marriage irretrievably broken due to irreconcilable differences. Going this route could result in a faster process.
However, filing first will not sway the outcome of your divorce. Florida family courts abide by equitable division, dividing property fairly based on factors like each spouse’s financial circumstances. For matters involving children, their best interests take priority, not who filed first.
What happens if you file first?
Filing first may mean you are better prepared for what is to come. You have likely made necessary arrangements, sought an attorney, and researched expectations. In contrast, your spouse will have to prepare a response to your petition, make arrangements and seek out representation in possibly less time. If they fail to respond within 20 days of being served, the divorce could enter a default judgment.
You will also get to choose which court hears your case, and if it goes to trial, you may be heard first. However, these potential advantages are not worth rushing into court unprepared.
Focus on what really matters instead
Instead of worrying about who gets to court first, it is more advisable to focus on what can genuinely help you navigate divorce and pursue a fair outcome. Gather financial documents to ensure an equitable distribution of assets, prioritize the needs of your child and seek professional guidance.
Divorce is not a race. Emerging from the process with a fair and just resolution does rely on who files first. Thorough preparation and the help of a knowledgeable attorney could make more of a difference.