Is There an Advantage to Being the First to File for Divorce?


As a general rule, there is no advantage to being the first to file for divorce. There may be certain procedural advantages to filing first. For example, the person who files for the divorce is called the Petitioner. The other spouse is called the Respondent. At trial, the Petitioner presents his or her entire case. The Respondent then presents his or her entire case.
Is There an Advantage to Being the First to File for Divorce
The Petitioner is then granted one more opportunity to present additional evidence after the Respondent concludes his or her case. This is called rebuttal evidence.  This procedure gives the Petitioner the last word before the judge makes his or her decision. A strategic attorney who plans his or her case well can take advantage of this benefit.

Although this benefit is worth mentioning, you should not rush into a divorce simply to gain this procedural advantage if there is any chance of reconciling your marriage.


Contact Our Scottsdale Arizona Divorce Attorneys

If you are in need of a divorce lawyer in Arizona, the family law firm of Hildebrand Law, PC is only a phone call away. Our attorneys handle all types of divorce cases in Arizona. Please call (480) 305-8300 if you wish to speak with our Arizona divorce lawyers or have additional questions regarding Arizona divorce laws.