Does it matter who files for divorce in Florida first?

Divorce is a legally and emotionally challenging process. One of the common questions individuals ask is whether filing first offers any legal advantage. In Florida, a "no-fault" divorce state, either spouse can file for dissolution of marriage. 

While filing first does not automatically guarantee a better outcome, it can provide strategic and procedural advantages that may be beneficial depending on the circumstances of the case. If you are contemplating a divorce, you should consult with an experienced divorce attorney in Orlando to determine the right strategy. 

Florida’s No-Fault Divorce Law

Florida follows a no-fault divorce system, which means that a spouse does not need to prove wrongdoing, such as adultery or abandonment, to file for divorce. The only requirement for dissolution of marriage is that the marriage is "irretrievably broken" or that one spouse has been declared legally incompetent for at least three years.

Since Florida courts do not consider fault when granting a divorce, who files first generally does not impact the final division of assets, alimony determinations, or child custody arrangements. However, there are practical advantages to filing first.

Advantages of Filing for Divorce First in Florida 

More Control Over the Process

Filing first gives the petitioner control over several crucial aspects of the divorce process. The spouse who initiates the case selects the county and jurisdiction where the divorce proceedings take place. 

This can be particularly advantageous if the spouses reside in different counties, as local court rules, case backlogs, and even judicial tendencies may vary. By filing in a jurisdiction that is more familiar or efficient, the petitioner can avoid delays and procedural disadvantages.

The petitioner dictates the timeline of the case, ensuring that legal proceedings begin on their terms rather than being caught off guard by a surprise filing from the other spouse. This allows them to move forward strategically rather than reacting defensively.

Strategic Preparation

Filing first provides a critical opportunity to prepare for both the legal and financial aspects of divorce. The petitioner can:

• Retain an experienced Florida divorce attorney without the pressure of rushed decision-making.
• Gather critical financial records, such as bank statements, tax returns, and property documents, to ensure complete transparency before the other spouse can conceal or manipulate assets.
• Identify and document marital debts and assets, preventing any attempts by the other party to dissipate shared resources before division occurs.
• Plan for child custody arrangements and potential disputes, ensuring that they enter the process with a well-defined parenting strategy.

This strategic preparation is particularly valuable in high-net-worth divorces, cases involving business ownership, or complex asset divisions where financial transparency is critical. It also allows for better psychological and emotional preparedness, as the petitioner has time to adjust to the divorce process before serving papers.

First to Present Their Case in Court

If the case proceeds to trial, the petitioner presents their case before the other spouse responds. While Florida judges remain neutral, being the first to contribute can provide:

• An opportunity to set the narrative before the opposing side introduces counterarguments.
• This gives the petitioner a psychological advantage, as the judge hears the petitioner’s arguments and evidence first, potentially framing the case in their favor.
• A stronger position in financial and child custody disputes, allowing the petitioner to highlight critical facts and concerns before the other spouse counters with their claims.

This can be particularly useful in contentious divorces where both parties disagree on financial settlements or parenting plans.

Protection Against Surprise Filings

Filing first ensures that the petitioner is not caught off guard by a sudden divorce filing from their spouse. Without preparation, an individual who is unexpectedly served with divorce papers may face challenges such as:

• Scrambling to find legal representation without the luxury of thorough research.
• Responding to financial disclosures and legal documents under tight deadlines, potentially leading to missteps.
• Losing access to shared finances if the other spouse has already taken action to protect their interests.

By taking the initiative, the petitioner can enter the process fully informed and ready, avoiding last-minute stress and uncertainty.

Immediate Court Orders for Protection or Support

In cases involving domestic violence, child custody disputes, or financial dependency, the petitioner can request temporary court orders immediately after filing for divorce. These may include:

• Restraining orders or injunctions to protect against domestic abuse or harassment.
• Temporary alimony or child support to ensure financial stability during the divorce process.
• Exclusive use of the marital home if there are safety concerns or disputes over housing.

Filing first allows the petitioner to take proactive legal steps to protect their interests and those of their children, preventing the other spouse from unilaterally taking control of the situation.

How Filing First Can Impact Key Divorce Issues

Property and Asset Division

Florida follows an equitable distribution approach, meaning that marital assets and debts are divided fairly, though not necessarily equally. While filing first does not inherently influence how assets are divided, it does provide:

• Early access to financial information allows the petitioner to analyze marital property before the other spouse can attempt to hide, sell, or undervalue assets.
• A chance to request temporary court orders to prevent financial misconduct, such as draining joint bank accounts or transferring property out of shared ownership.
• The ability to work with forensic accountants and financial experts to uncover any concealed income or offshore accounts before negotiations begin.

This advantage is particularly valuable in high-asset divorces where complex investments, real estate holdings, or business interests require financial planning.

Alimony

Florida courts determine spousal support based on factors such as:

• The length of the marriage (short-term, moderate-term, or long-term).
• The financial need of one spouse and the other spouse’s ability to pay.
• Contributions to the marriage, including homemaking and career sacrifices.

Filing first does not automatically grant an advantage in alimony determinations, but it allows the petitioner to:

• Document financial records early, ensuring that all income, expenses, and potential support needs are correctly accounted for.
• Request temporary alimony orders, securing financial assistance during the divorce process if they were financially dependent on their spouse.
• Prevent strategic financial manipulation, such as the other spouse suddenly quitting their job or reducing their income to avoid paying alimony.

By being proactive, the petitioner can build a strong financial case to ensure fair support calculations.

Child Custody and Support

Florida courts prioritize the best interests of the child when determining custody arrangements. Key factors include:

• Each parent’s ability to provide a stable and supportive environment.
• The child’s relationship with each parent.
• Parental cooperation and willingness to foster a positive co-parenting dynamic.

Filing first allows the petitioner to:

• Request temporary custody orders, securing time-sharing arrangements before the other parent can move the child or interfere with custody rights.
• Propose a well-prepared parenting plan outlining a structured and reasonable custody schedule that supports the child’s well-being.
• Protect against parental alienation by ensuring that the other parent does not attempt to influence the child’s perception of the petitioner negatively.

By securing early custody decisions, the petitioner minimizes disruption and ensures the child’s routine and stability remain intact.

Should You File for Divorce First?

The decision to file first depends on individual circumstances. If the case involves complex finances, high-conflict custody disputes, or urgent protective orders, filing first can provide strategic advantages. However, in uncontested or amicable divorces, filing first may not make a significant difference. Notably, the filing fees in a divorce must be paid by the petitioner. 

How Our Knowledgeable Florida Divorce Attorneys at Veliz Katz Law Will Help You File for a Divorce

At Veliz Katz Law, our experienced legal counsel in Florida will guide you through every step of the divorce process with legal counsel, strategic planning, and compassionate support. Whether your divorce is contested or uncontested, we work diligently to help you achieve a fair outcome.

Thorough Case Evaluation and Legal Guidance

We begin by conducting a detailed consultation to understand your unique situation, including property division, child custody, alimony, and financial concerns. Our attorneys provide straightforward legal advice tailored to your circumstances, ensuring you make informed decisions.

Filing the Divorce Petition

Our team prepares and files your Petition for Dissolution of Marriage (divorce complaint) with the appropriate Florida court. We ensure all paperwork is accurate, complete, and timely, preventing unnecessary delays or complications. If you file first, we will help you leverage jurisdictional advantages and strategic benefits.

Protect Your Financial and Parental Rights

We take proactive steps to secure temporary court orders for spousal support, child custody, or asset protection if necessary. Our attorneys work to safeguard marital assets and prevent the other spouse from making unilateral financial decisions that could impact your future.

Skillful Negotiation and Litigation

We strive for amicable settlements through strategic negotiations. However, if serious disputes arise over assets, alimony, or child custody, we are prepared to vigorously represent you in court to pursue the most favorable resolution.

Our Leading Florida Divorce Lawyers are Ready to Represent You

At Veliz Katz Law, our seasoned Florida divorce and family law attorneys will leave no stone unturned to uphold your rights and interests and secure your future. Reach out to us today, and let us help you take the first step toward a new beginning. To schedule your free consultation, call us at 407-634-1835 or contact us online.