Is There Any Benefit To Filing For Divorce Before Your Spouse In Texas?
Description: The Attorneys at Hardy Law Group, PLLC. explain,
If you are first to file a petition for divorce, you are labeled petitioner. The spouse answering the divorce is labeled respondent. Legally speaking, there’s no advantage to filing first. It’s not a race to the courthouse, like you see in other areas of the law. As long as due process is satisfied, each party has the ability to be heard, present and cross-examine witnesses, and introduce evidence. In terms of strategy, some may argue that an advantage exists by filing first, in a sense. A petitioner who requests relief in a hearing can present their case first.
Additionally, the person filing first can request a temporary restraining order or obtain the advantage of the standing orders, depending on which county they’re in. If obtaining relief right away is a priority, then filing first might be advantageous. The only conceivable disadvantage to filing first is the cost. You’re then the one who bears the costs of the filing fees.
Call For A Free Consultation