Does It Matter If My Spouse Files For Divorce First?

No, it really doesn’t matter who files first in a divorce.

If your spouse puts the paperwork in, that doesn’t create any perception that they have a greater need to be free of the union than you do. Whoever files first, the court will do a few things.

First, it will issue automatic orders that will protect marital assets from destruction, liquidation, or needless spending on accounts.

It will also require that both parties maintain things like health and life insurance policies that already exist, providing coverage for the other spouse and children.

Second, the court will await your response to the complaint.

If you are the lower-earning spouse, we will request an immediate order for temporary support so that you are able to stay afloat, whether you or your spouse files first.

When you and your spouse are talking about divorce, protect yourself.

The experienced Rochester divorce attorneys at Friedman & Ranzenhofer can make sure you have all the tools you need to move on confidently when your marriage ends. Call us today at 585-484-7432 for a legal consultation.

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