As a divorce and child custody lawyer in Texas, I often get asked whether it matters who files for divorce first. The short answer is that in most cases, it doesn’t matter. There are a few rare situations where it could be important, such as if one spouse is trying to avoid paying alimony by shortening the length of the marriage. In this case, the spouse may want to file for divorce first to stop the clock on that deadline.
However, in most cases, the only advantage to filing for divorce first is that you get to present your evidence first in a trial or hearing. It’s important to remember that the ultimate goal of the divorce process should be to reach a fair and amicable resolution for both parties, rather than trying to gain an advantage by filing first.
If you have any questions about divorce or child custody in Texas, don’t hesitate to reach out to my firm. Our team is here to help you navigate the legal process and achieve the best possible outcome for you and your family.