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    Marioski's Avatar
    Marioski Posts: 11, Reputation: 1
    New Member
     
    #1

    Oct 26, 2009, 11:33 AM
    Is there an edge on who files first for divorce?
    Basically do you end up having a better case if you file first?
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #2

    Oct 26, 2009, 11:36 AM
    Quote Originally Posted by Marioski View Post
    Basically do you end up having a better case if you file first?
    Not necessarily. It's whoever has the best attorney.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Oct 26, 2009, 12:29 PM

    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.
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #4

    Oct 26, 2009, 09:09 PM

    It can also be worse to file first depending on the case. Such as when a large sum of money is in play.
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #5

    Oct 27, 2009, 04:41 AM

    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.

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