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Does It Matter Who Files for Divorce First?

baumert law does it matter who files for divorce first

If you’re contemplating divorce, you may be wondering whether filing first gives you an advantage. While Illinois law treats both spouses equally, there are strategic benefits to being the first to file. Filing first allows you to set the tone of the case, choose the jurisdiction (if multiple options apply), and present your financial records before your spouse. It can also help prevent delays in the process.

That said, who files first doesn’t determine the outcome of your divorce. Decisions regarding property division, custody, and support are made based on the facts of the case, not on who initiated the proceedings. If you’re considering divorce, securing the right legal support from the outset can help you navigate the process and make informed choices. Contact us today!

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