Does It Make Any Difference If I File for Divorce First?

The spouse who files for the divorce first is identified as the Plaintiff in the Court, and the other spouse is identified as the Defendant. The Plaintiff typically pays the filing fee, and is also often the spouse who is required to appear for the uncontested divorce hearing. Depending upon what ground for divorce is being alleged by the Plaintiff, the Plaintiff is required to prove their chosen ground for divorce by producing testimony as evidence in support thereof. In a contested divorce, if the Defendant wishes to allege his or her own different and separate ground for divorce, he or she may so do by filing a Counterclaim, which then identifies his or her as the Defendant/Counter-Plaintiff. Both parties are able to present their evidence at trial regardless of whether he or she is the Plaintiff or Defendant. Some attorneys prefer to be the Plaintiff’s attorney and make filing first a priority; however, to the Court, the evidence of both sides is assessed and considered in contested hearing.