Does it matter who files first or when one person files for divorce?
I often tell clients that it doesn't matter who files first. The party that files has to pay a heftier filing fee. The party that files first also presents his or her case to the judge at trial first. However, most cases don't even go to trial in family law cases. The question of who files first is really one of psychological advantage, not one of litigation advantage. When someone files for divorce is when that person is ready to file for divorce. You have to be emotionally ready to file for divorce.