Navigating through the legal complexities of a divorce can often feel like an uphill struggle, especially for couples who are already dealing with the emotional toll of this major life transition. One frequent question that individuals considering divorce face is whether it matters who files a divorce action first. Let's address this concern and shed light on the legal implications of being the first to file for divorce.

The Process of Filing First

When one party files for divorce first, they are referred to as the "Petitioner" or the "Plaintiff," and the other party is known as the "Respondent" or the "Defendant." In Georgia, the party who files the petition essentially sets the process in motion. This includes the ability to decide the county in which the case will be heard, assuming that they meet the residency requirements.

Advantages of Filing First

There are a few potential advantages to filing first in a divorce:

1. Choosing the Jurisdiction: The person who files first can choose the county where the case will be heard, provided the residency requirements are met within that county. If you and your spouse live in different counties, the location could impact the convenience and possibly the outcome of your case.

2. Preparation: Filing first may afford a spouse the opportunity to consult with and retain counsel, and prepare their case in a comprehensive manner. It provides the advantage of time to prepare all the necessary documentation, understand your financial situation and consider potential legal arguments.

3. First Presentation: In Georgia, the party who files first often presents their case first in most hearings and trials. This order can sometimes influence the judge's or jury’s perceptions and rulings, although this depends heavily on the specifics of the case.

4. Setting the Schedule: Finally, the party filing first sets the schedule. Specifically, that party is in the driver’s seat when it comes to when the case starts, when the other party is served, and other timelines that are tied to the beginning of the case.

It's Not a Race

Despite these points, it's essential to understand that a divorce is not a race. Being the first to file does not mean you will 'win' the divorce. Georgia is an equitable distribution state, which means marital property is not necessarily divided equally but rather based on what the court considers fair.

In the eyes of the court, whether you file first has no bearing on its decisions regarding child custody, spousal support, or property division. Decisions are based on factors such as the best interests of the child, the financial situation of both parties, and the specifics of the marriage and separation.

The Bottom Line

While there are some tactical advantages to filing first for a divorce in Georgia, they are generally procedural and don't significantly impact the court's final decisions on critical matters.

The emphasis should be on preparing your case thoroughly and working with experienced legal counsel to ensure that your rights are protected and your interests are served. It's critical not to rush into filing for divorce without adequate preparation, even if you believe there might be advantages to being the first to file.

Remember, every case is unique. Consult with a legal professional who understands Georgia divorce law and can provide guidance tailored to your situation. At Resurgens Legal Counsel, we are here to help guide you through this difficult process and navigate these procedural complexities in ways that work to your advantage. If you have questions about filing for divorce, you can reach us directly at info@resurgens.law or (770)765-7550.

The content of this blog post is intended for informational purposes only and does not constitute or establish an attorney-client relationship, nor constitute legal advice. If you need legal advice, please consult an attorney directly.