Should you file first in divorce?

If you are considering getting a divorce in Tennessee, you may wonder whether it matters who files for divorce first. While there is no legal advantage or disadvantage to being the first to file, there may be some strategic and practical benefits to initiating the divorce process. Here are some reasons why you may want to file for divorce first in Tennessee:

- Going first if there is a divorce trial. Although most divorce cases settle out of court, some may go to trial if the spouses cannot agree on the terms of their divorce. In a Tennessee divorce trial, the spouse who filed first will also take the lead in presenting their case to the judge. This means that you will have the opportunity to make the first impression, set the tone of the trial, and frame the issues in your favor. You will also have the last word in closing arguments, which can help you reinforce your position and persuade the judge.

- Strategic momentum. Filing for divorce first can also give you a psychological edge over your spouse. By taking action, you can show that you are serious about ending the marriage and moving on with your life. You can also avoid being caught off guard by your spouse's divorce petition and having to react to their demands. Filing first can help you prepare yourself emotionally and financially for the divorce process and take control of your situation.

- Dismissal upon reconciliation. If you and your spouse decide to reconcile after filing for divorce, you can easily dismiss your case without prejudice. This means that you can refile for divorce later if you change your mind again. However, if your spouse filed for divorce first and you want to dismiss the case, you will need their consent or a court order. This can make it more difficult to stop the divorce process if you have second thoughts.

- Mandatory injunctive relief. When you file for divorce in Tennessee, you will also obtain a temporary injunction that prevents you or your spouse from doing certain things during the divorce process, such as hiding or wasting marital assets, harassing or abusing each other, relocating with minor children, or changing insurance policies. This injunction is automatically issued by the court and applies to both spouses. However, if you file first, you will have more time to comply with the injunction and protect your interests.

- Speedy divorce. Filing for divorce first can also help you finalize your divorce faster. In Tennessee, there is a mandatory waiting period of 60 days for uncontested divorces and 90 days for contested divorces from the date of filing. If you file first, you can start the clock sooner and avoid any delays caused by your spouse.

If you are thinking about filing for divorce first in Tennessee, you should consult with an experienced divorce attorney who can advise you on your legal rights and options. A divorce attorney can also help you prepare and file the necessary paperwork, negotiate a settlement agreement with your spouse, or represent you in court if needed.