Is there an advantage to filing divorce first?

Over half of all marriages end in divorce, thus, if you are considering filing for divorce, you won’t be in the minority. There is no preference legally given to the person who files for divorce. That being said, there may be some practical advantages in planning and initiating the divorce filing. Strategic purposes, for example, like moving funds or assets or obtaining any court orders may be reasons for having control over the filing. The best bit of advice though would be to seek the help of an experienced family law attorney if you are considering filing for divorce in Arizona.

Divorce or family laws vary from state to state. Arizona is a “no fault” divorce state. This means that who files first or “has their say” first is not pertinent to getting a divorce. If you file divorce first, you will be the petitioner, and your spouse will be the respondent. The petitioner in Arizona divorce and family law court pays a bit more than the respondent. Some Arizona family law lawyers and attorneys prefer their clients be the
petitioner, as they have the opportunity to present their case first. This is simply a preference of your divorce attorney and isn’t necessarily an
advantage in filing for divorce before your partner.

Being the one to file first may have an initial advantage because you have an opportunity to prepare and consult with an attorney and anticipate some of the financial costs and legal expectations, especially if you are unfamiliar with the system.

Who files first should not have any impact or importance regarding your divorce, but you should consult an attorney to discuss your particular case, and a knowledgeable family law attorney can give you advice on where to go or when to begin your divorce proceedings.

Our Arizona family law attorneys have helped numerous clients in Phoenix, Tucson, Mesa, and throughout Arizona with messy and hotly contested divorces. Our divorce attorneys are aggressive and fight for you. We ensure that you are not bullied by the other side. If you are going through a divorce in Arizona, it is extremely important that you have an experienced Arizona Divorce Attorney on your side. Our Arizona family law firm and its lawyers will give you the peace of mind you are looking for in such a difficult situation.

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Office: (602) 568-7410

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668 N. 44th St., Ste 320
Phoenix, AZ 85008

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7135 E. Camelback Rd, Ste 230
Scottsdale, AZ 85251

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12725 W. Indian School Rd, Ste E-101
Avondale, AZ 85392

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1731 W. Baseline Rd., Ste 100
Mesa, AZ 85202

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20325 N. 51st Ave., Ste 134
Glendale, AZ 85308

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