Does It Matter Who Files For Divorce First?

When contemplating divorce, many people wonder whether there's a strategic advantage to being the first to file. It's a common question that deserves a thoughtful answer. While filing first doesn't determine the outcome of your divorce, it can have certain practical and procedural implications worth considering. In this post a Syracuse divorce attorney explains what you need to know.

Understanding the Basics

In New York, the spouse who files for divorce first is called the "plaintiff," while the other spouse becomes the "defendant." These are simply legal designations that identify who initiated the action. The plaintiff files a Summons with Notice or Summons and Complaint to begin the divorce process, and the defendant then has an opportunity to respond.

It's important to understand that being the plaintiff doesn't give you inherent advantages in how the court divides assets, determines custody, or awards support. New York courts are required to make decisions based on statutory factors and the best interests of any children involved, regardless of who filed first.

From a strictly legal standpoint, filing first in New York does not automatically provide any special rights or entitlements. Both spouses have the same ability to present their case, seek equitable distribution of assets, and request custody or spousal support. The courts evaluate each issue based on facts, fairness, and the law, not on who initiated the process. However, filing first may provide some procedural and strategic advantages worth considering.

Potential Advantages of Filing First

While filing first doesn't guarantee a better outcome, there are some practical considerations that may matter in certain situations:

Choice of Venue: The plaintiff typically gets to choose which county to file in, provided they meet residency requirements. This can be advantageous if one county's court is more convenient for you or if local practices favor your situation.

Control of Timing: Filing first allows you to control when the divorce process begins. This can be important if you need to secure temporary orders for support, custody, or exclusive use of the marital home. It also means you can prepare emotionally and financially before your spouse knows the process has begun.

First Presentation: As the plaintiff, you'll present your case first in court proceedings. While this doesn't influence the final decision, some people feel more comfortable setting the narrative from the outset.

Preparation Time: Being the one to initiate gives you time to gather financial documents, consult with attorneys, and understand your rights before the process formally begins. Your spouse, as the defendant, must respond within a set timeframe once served.

Contact a Syracuse Divorce Attorney Today

If you're considering divorce in New York State and have questions about the process, contact our office today for a free confidential consultation with an experienced Syracuse divorce attorney.

For more details on the divorce process please visit our Divorce and Frequently Asked Questions pages

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Laws and guidelines can change, so always verify with current statutes or a professional.