In Florida, as in other states, it makes little difference who files for divorce first. A divorce attorney in Hollywood, FL, may suggest that the county and the judge play a role, which may lead them to advise clients to file first. There are two options: you can file for divorce in your county, or wait for your spouse to file in his or her county.
Can You Move if the County’s Laws are Unfavorable?
If you and your spouse are living in the same area, filing first doesn’t give you an advantage. It makes little difference in the case’s outcome because the judge will try his or her best to make a fair decision. From a procedural standpoint, you’ll get to decide when to start the case, which determines subsequent deadlines. Differences in state laws can put a petitioner at an advantage or a disadvantage. If another state’s laws are more favorable, there’s nothing stopping you from relocating to take advantage of those differences. However, you’ll have to be careful that your spouse doesn’t beat you to it by filing first in his or her area.
What Advantages Can You Gain by Filing First?
Filing first has certain advantages, but some are limited by Florida law. Florida is a no-fault divorce state, which means that you can’t use your spouse’s wrongdoing against them during the case. The person filing sets the schedule for divorce proceedings, which is crucial if they need time to get their affairs in order.
Should I Consult a Local Divorce Attorney?
As in other states, Florida divorce cases are very complex. A skilled divorce attorney in Hollywood, FL, will help you decide whether to file first, and they can also represent you in court should the need arise.
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