Initiating divorce proceedings before the other party can sometimes offer a strategic edge. This potential advantage stems from the ability to control the initial narrative presented to the court and dictate the jurisdiction where the case is heard. For example, the individual who files first can frame the grounds for divorce and propose an initial settlement offer.
Securing the opportunity to present one’s case first allows the filer to establish a favorable starting point for negotiations. Furthermore, choosing the jurisdiction can be particularly beneficial if one party believes the laws or judges in a specific location will be more sympathetic to their position regarding asset division, child custody, or spousal support. Historically, this has played a significant role in high-asset divorces or situations involving complex legal issues.