Does it Matter who Files First?

Although being the party to initiate the divorce action will not necessarily increase your likelihood for success or predict the outcome of the case, there are some advantages to being the plaintiff or petitioner in a divorce action. One advantage, which is likely the most important, is that the plaintiff in a divorce action has more control over when the proceedings begin and where they will occur. The party who files first may choose when to file, thus choosing when the proceedings begin. Additionally, the party who files first will have more control over where the action occurs. Although the location of divorce proceedings are regulated by Georgia law, if there is more than one possible venue where the proceeding may be held, the plaintiff may have the ability to choose which forum is more convenient. This may be important, especially in a divorce between two individual who are currently residing in different states.

Another possible advantage that a plaintiff in a divorce action may have is that through their complaint, a plaintiff is allowed to proceed forward first and last at trial. While attorneys will debate for years which position is best at trial, it is worth noting and considering that being both the first and last person to speak may have its advantages at trial.

In addition, from a non-legal perspective, there may be some emotional advantage (or disadvantage) of being able to say I filed for divorce (rather than my spouse) to family and friends.