Does it Matter Who Files First in Divorce?

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Some litigants rush to be the first to file for divorce believing that it matters to a court. The truth is that Judges are experienced and they know better than to trust a litigant’s story just because they grabbed the ‘Plaintiff’ label first. The biggest mistake that these rush filers make is that they have rushed into the filing without strategizing first.

It is more important to take the time to choose the right attorney and come up with the proper strategy than chasing the label. The only reason that divorce cases have a plaintiff and defendant is that this is they way that civil litigation is structured. In the State of Michigan, an ‘irretrievable breakdown’ otherwise known as the ‘no fault divorce’ is only basis that a litigant is permitted to file their divorce action. Although ‘fault’ may be considered in awarding spousal support, a litigant is still required to prove it.

If you are interested in filing for divorce and are worried that your spouse may file before you do, call Attorney Diana Mohyi first.

Published by Diana Mohyi Attorney at Law P.C.

Divorce & Family Law Attorney Licensed in Michigan & New York

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