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Does it matter who files for divorce?

My wife and I are separated and have been dealing with each other amicably regarding money. We have several debts and I have been paying them and she provides me with her half of what we owe. I had hoped we could reconcile but she has no interest. I would like to move forward with a divorce, however my wife is actually a paralegal for a high power law firm and will likely receive free representation. If things continue as they have thus far and we can continue to stick to the agreement we've made, I'm hoping lawyers will not be necessary. What I'm wondering is, is there any advantage to me filing first and serving papers, or should I just notify her that I would like to proceed with the process, since she already has access to all necessary forms, etc.?

9 Answers

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  • Anonymous
    1 decade ago

    I think it only really matters if there are children involved. The petitioner (the person who files) would get to decide who should have temporary custody of the children until the divorce is final.

  • Anonymous
    1 decade ago

    Someones got to file and serve the other, no matter what. Its the only legal way, one person needs to file and have the other person served... either way.

  • Sue B
    Lv 7
    1 decade ago

    I'd tell her you were filing and tell her you intend to have it written up the way you 2 have it agreed on right now as it is.

  • Anonymous
    1 decade ago

    No it's a pity whoever files for it, marriage should only end as a very last resort.

  • CoeyG
    Lv 7
    1 decade ago

    It doesn't matter who files first. There are no advantages or disadvantages.

  • 1 decade ago

    It does not matter who files ..Hopefully you two work it out ..You seem to get along and work out your dept work out your marriage !!

  • Anonymous
    1 decade ago

    the single piece of advice I can give you is to ask this question over at jamrie (google it)

    the people over there should be able to help you.

    sorry I couldn't directly answer your question.

    hope I helped!

  • Anonymous
    1 decade ago

    http://diylegalinfo.com/Divorce_Links.html/ has all kinds of legal information on divorces and how to handle a divorce without a lawyer yourself.

  • 1 decade ago

    no

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