When speaking with new clients I am often asked: “Does it matter who files for divorce first?”- And my response is always: “absolutely not.” This is because in divorce cases the Court treats both parties equally. Thus, neither party gets an upper-hand by simply filling out the paper work first.
Actually, depending on your case, it may be to your advantage to let your spouse file the Petition first. This is because the Petitioner usually ends up having to spend more money on filing fees and attorney fees. The reason the Petitioner generally ends up paying more is because the cost to file a petition is higher than the cost of a response, and the Court usually asks the Petitioner to be in charge of filing all mutual documents, and set hearing dates. These small costs can add up, and by being the Respondent you could avoid those additional small costs.