Basically do you end up having a better case if you file first?

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Originally Posted by Marioski

Basically do you end up having a better case if you file first?

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Not necessarily. It's whoever has the best attorney.

While I agree with J_9 there are some circumstances where it is better to file first. Each case is different so I can't give you a specific instance where it would be an edge.

It can also be worse to file first depending on the case. Such as when a large sum of money is in play.

The only real advantage is that you get to be the 'home' team... meaning the court that you live in has jurisdiction. Other than that, it is pretty irrelavant. The downside is the petitioner usually pays the court fees unless that is agreed upon in the divorce settlement.