Frank & Candid Divorce Info

Question: Do You Gain by Filing First?

Answer: No.

The seasoned attorneys that I've talked to agree with me that no benefit is derived by the party that files for divorce first just because he or she was the first to file. (This does not apply, however, in situations where the parties have a choice of counties in which to bring the case and the filing party has a preference regarding this issue.)*

No strategy or better positioning is gained by virtue of being the first party to file. No bias or prejudice, whatsoever, is drawn regarding the guilt or innocence of the party against whom the case was filed nor are any presumptions or conclusions drawn or made regarding the rightousness of either party's position.

*Generally, in Illinois, a divorce case may be filed in the county in which either spouse resides at the time of filing.

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