CSG Law Alert: Race to the Courthouse – Does It Matter Who Files for Divorce First?
Many people considering divorce believe they need to be the first to file. While there is often concern about being labeled the “defendant” rather than the “plaintiff,” filing first does not automatically provide an advantage.
In New Jersey, courts generally do not base decisions about issues such as property division, spousal support, child custody, or child support on which spouse filed first. Being the plaintiff (or first filer) will not necessarily result in more favorable treatment, and being the defendant (second filer) will not necessarily be viewed negatively.
The timing of a divorce filing can have practical implications. For example, the filing date may be used as a reference point for determining the duration of the marriage, which can affect certain financial considerations. Filing first may also allow a spouse to choose the county where the case is filed if the spouses live in different counties.
In addition, the spouse who files first often has more time to gather financial records and other important documents before the legal process begins.
When to file depends on the circumstances of each case. While it may offer certain procedural advantages to file first, it does not determine the outcome of the divorce. Understanding the process and the factors that may come into play can help individuals make informed decisions as they move forward.
For more information on this issue or other family law matters, please contact the author of this article or the Family Law Group at CSG Law.