Does it matter who files for divorce?
The simple answer is NO. If the marriage is over it is time to file for divorce. One spouse initiates the process by filing a Petition for Divorce requesting a divorce and the relief that spouse wants. The Petition for Divorce is then served on the second spouse. It is normal for the second spouse to then file a Response to that Petition for Divorce and a Counter-Petition for Divorce requesting the relief that spouse wants. There is no legal advantage to being the first or the second spouse. It makes no difference to the Court. If you file first then you do have the benefit of selecting the timing. If you are the one being served be aware that you have a limited time to answer. If you don’t, a default divorce will be granted against you.