Nobody ever dreams of their marriage ending up in divorce, but in many cases, it happens. It is said that there are two sides to every coin, just like in a divorce; there are two sides to the story. In the heat of the moment, one part of the couple may be prompted to file for a divorce to end the relationship once and for all. Legal experts say that it really matters who files for divorce first. Here are the reasons and explanations behind them.

Why It Matters Who Files For Divorce First

1 – Being Prepared

One advantage of filing for divorce first is that you get to have a head start in being prepared for the divorce process. If you file first, you will already have found the right divorce lawyer to help you with the case, you will already be informed about how the process goes and will be more knowledgeable and prepared than the other party, who will only be starting their own preparations at that point.

2 – Advantages In Jurisdiction 

This will apply to spouses who are already estranged and living separately. Being the first one to file will mean that you may get the advantage of the case being heard in your jurisdiction. Although most jurisdictions will be governed by similar rules in general, there may be subtle differences in the way divorce cases are handled.

It is a good idea to check which jurisdiction will yield the best results for your case. You may have multiple jurisdiction options available, and it will be a good idea to file your case in the jurisdiction that will most likely have a judge rule to your advantage.

3 – Financial Advantages

Lastly, but definitely not the least, many people will benefit from the financial advantages of being the first to file for divorce. Many people think that being the first to file will be very costly, because of all the legal fees that you will have to pay. However, if you think about it, you will not be able to escape filing for legal fees even if your spouse files first. 

The real financial advantage will come in the form of you being able to file a restraining order against your spouse. This will put a hold on all your joint assets, including any of your joint bank accounts that you have together. This will prevent your spouse from spending any of your communal money until a decision has been reached regarding your divorce. 


If you are considering a divorce, the first step you need to take is to consult with a family lawyer. Knowing that there are logical advantages to be the one to file first if you are ready to get out of an abusive marriage, there is no need for you to wait. On top of all the advantages that were mentioned above, being the first to file for divorce may also allow you to have a well-deserved sigh of relief to get out of an unhappy relationship.

Hiring the services of a family lawyer is the first step in this long process. Looking for a family lawyer that will not only handle your case but will also give you professional advice as to what you can realistically expect is difficult. You should take the time to find a law firm that can help you on both counts. 

Whether you are contemplating a divorce or if you have other legal concerns, you will always be able to find skilled lawyers at Bruno Ferraro. We are a law firm that handles cases pertaining to

criminal defenses, personal injury, family law, will, and estate planning, real estate, and more. Give us a call and get the best divorce attorney in NJ.