If you’re considering divorce, you may be wondering if there is an advantage to being the first to file with the Florida courts.
From a legal perspective, the answer is no. As a no-fault state for divorce, either party can file for divorce (and will be responsible for paying the filing fees), and the only explanation necessary is that the marriage is “irretrievably broken.”
While the person who files first will be able to choose their jurisdiction, which could be advantageous depending on the situation, in terms of outcomes, the judge will evaluate the case the same regardless of who files first. Per Florida Statute §61.021, at least one spouse must reside in Florida for six months before filing divorce papers, and they must file the petition in the county where they live.
Personally and psychologically, however, there may be advantages to filing first.
When it comes to divorce, it’s important to do what’s right for your given situation. If that means filing first, then you should consult with your divorce attorney and begin taking action. Regardless of what you decide, you want to move forward in a way that’s right for you. For guidance and support, get in touch with our team at the Vasquez de Lara Law Group today.