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Advantage to Filing for Divorce First

Written by: Matthew M. Williams

Reputation Level 7

Posted over 2 years ago. Applies to Illinois, 0 helpful votes, 0 comments

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What is gained by filing first?

Not much is gained by being the first one to file for divorce in Illinois--legally anyways. I suppose you may gain emotional or psychological benefits, but you do not gain any better results. The Court isn't going to award you a larger percentage of the marital estate, isn't going to give you a leg up in a custody battle, and isn't going to award more (or less) support simply because you filed first. About the only legal advantage you gain is the right to withdraw the Petition and end your case. Even that "advantage" has limitations. See my website for more information.

What is lost by not filing first?

The same is true if your spouse has already filed and you're worried about him or her gaining some advantage. Don't worry, the adage of nothing ventured nothing gained does not apply here. You do need to file your appearance and response "timely" and should consult an attorney BEFORE doing so. Filing an appearance and/or response does have legal consequences (or benefits) and you should know what those are BEFORE filing a response.