Who files first

Does it truly matter who files for divorce first? I am being told by my family that I should file first before my wife does. I am being told that it will look better in my favor because of all the crap she has pulled, such as false 50b and she may also try to modify the parenting agreement. They believe she is going to be stupid enough to try to get alimony even though I do not think she will try due to the fact I hired a PI and she knows that.

I figured I would let her file first and let her pay the court fees so I don’t have to? So that way I can hopefully just sign off on this… Any advise would be appreciated.

It generally doesn’t matter who files first. However, as the plaintiff (the party that files first), you have some advantages like being able to pick initial court dates and getting the process started sooner rather than later.

Even if you are the defendant because you didn’t file first, you still have the right to assert any counterclaims you may have against the plaintiff.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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