Is There Any Benefit To Filing For Divorce First In Florida?

While there is no particular legal advantage to filing for divorce first in Florida, there are some strategic advantages to note. Since Florida is a no-fault divorce state, the order in which the divorce is filed does not influence the court’s decisions on matters such as property division, alimony, or child custody. However, filing first can offer some strategic advantages and practical benefits, such as controlling the timing of the divorce and the pace of the process. This potentially gives you more time to prepare.

There is no legal advantage to filing for divorce first in Florida 

Florida is a no-fault state. That means that one spouse need not “blame” the other spouse for the breakdown of the marriage. Some states allow fault-based grounds for divorce. Florida only allows no-fault grounds.

In addition, Florida is an equitable distribution state, meaning that assets and debts are divided fairly, though not necessarily equally. The court considers specific factors regardless of who filed for divorce first.

When it comes to the children, custody and timesharing agreements are based on the child’s best interests, not on which party filed for divorce first.

Potential strategic and practical benefits of filing for divorce first in Florida 

Filing first can provide some strategic and practical benefits for the filer. These include:

• Controlling the process – Filing first allows you to choose the county where the case is being heard. This allows you to potentially influence the pace of the divorce process.

• Preparation time – The spouse who files first has more time to gather documents, prepare their case, and consult with an attorney.

• Potential for protective orders – If the filer is concerned for their safety, they’re in a better position to seek a protective order for custody and support if they file first.

• Emotional closure – Filing first can give you a sense of control and closure during a tough time.

• Financial strategy – Filing first can allow you to protect your financial interests, especially when it comes to protecting your assets.

Are there any disadvantages to filing first in Florida? 

Filing for divorce first can be emotionally challenging, especially when your spouse is caught off guard. In addition, you could incur additional legal fees if you choose to file first. This is especially true if your spouse contests the divorce.

While there is no particular legal advantage to filing first for divorce in Florida, there are some strategic and practical benefits to filing first. It’s very important to consult with an Orlando, FL, divorce lawyer so that you understand the specific implications of filing first based on your individual circumstances.

Talk to an Orlando, FL, Divorce Lawyer Today 

Greater Orlando Family Law represents the interests of Orlando-area residents who are pursuing a divorce. Call our Orlando family lawyers today to set up an appointment, and we can begin discussing your best strategies right away.