Strategic Timing: Why Filing for Divorce First Could Give You the Upper Hand

Does it matter who files for divorce first in Louisiana? It may. If you are the first to file for divorce, you can maintain a little more control over the divorce process and may have more time to get your ducks in a row, financially and otherwise. And the person who files first sets the tone for the proceedings. Will you pursue a collaborative divorce, or are you going scorched-earth? What you do and how you do it can affect your spouse’s willingness to compromise with the divorce settlement.

However, before you rush off to the Calcasieu Paris courthouse, talk to our Lake Charles divorce attorneys. They can explain your options and help you get what matters most in your divorce settlement, whether it’s primary custody of your children, keeping your home, or getting alimony from your spouse.

Pros and cons of being the first to file for divorce

Initiating divorce proceedings can feel daunting. But, if you’re the first to file, you do so on your timeline; many people feel this gives them a certain measure of confidence and control. And, if you’ve filed your petition after a lengthy consultation with your divorce attorney, you can feel at peace knowing that you’ve taken firm steps to protect yourself.

Advantages of filing for divorce first

One psychological advantage to filing first is setting the tone of the proceedings. You dictate the pace of the process and may be able to better shape the narrative in ways that work toward your advantage. You may also be able to set the times for discovery and dates for crucial hearings, which is vital if you plan to file temporary orders for child custody, child support, spousal support, and exclusive use of the marital home.

The petitioner files in the parish family law court where they live, making attending court more convenient. Where you file can impact your child custody, too; if your spouse has moved, then you may be in a better position to seek primary physical custody of shared children.

If you initiate the divorce, you also have more time to choose your lawyer. With certain divorce petitions, your spouse only has 21 days from the date they are served to respond. Three weeks is not a lot of time to find a divorce lawyer to represent them. In contentious situations, the petitioning spouse may benefit from wrong-footing their spouse.

Disadvantages to filing your divorce petition first

There are several benefits to filing first, but sometimes it may be more advantageous to wait until your spouse files.

Firstly, the petitioner bears the financial cost of filing for divorce, which includes the initial petition fee and other court costs. If you have a complex or unique situation, this could be a significant expense.

Filing first may also escalate conflict. Initiating a divorce, especially if you know your spouse will be surprised, can make them less amenable to compromise. Hostility and mistrust make mediation sessions less constructive (or can cause an impasse) and may impact your ability to co-parent in shared custody situations.  

There may be other complications when filing first; namely, you show your hand with your petition. While there are advantages to being able to present your case first, you may want to hold back because you don’t want your spouse to know what matters most to you. If you file temporary orders along with the petition, you make it very clear what you’re after. Depending on your situation, you may be better served “playing defense.”

Joint filing and collaborative divorce

Not all divorces are hotly contested or require strategic planning of when to file. Some are amicable; each spouse realizes that it’s time to end the union and is able to work toward a compromise. When you’ve worked out division of assets and debts, child custody and support, and addressed questions for alimony, can save both of you money and time and preserve your privacy; any time you have a court hearing, everything presented becomes a matter of public record.

If you’ve agreed on a divorce settlement, then one spouse can file the petition, and the other does not contest it. The filing spouse submits the divorce settlement to the judge, and as long as it meets Louisiana laws and the interests of any children involved, the proposed settlement becomes the legally binding decree.

Expert divorce representation in Lake Charles

Whether you’re considering a no-fault divorce, need assistance with child custody arrangements, or require support in dividing community property, our experienced attorneys are here to provide personalized legal counsel tailored to your unique situation.

We offer free consultations to discuss your case and explore the best legal strategies for your circumstances. Contact us today at (337) 433-1414 to schedule your consultation and take the first step toward securing your future.