Is it beneficial to filedivorce first? 2 Answers as of March 18, 2011

My husband and I are thinking of divorcing after 20 years of marriage. Is there any advantage in being the one that files?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Raheen Law Group, P.C.
Raheen Law Group, P.C. | Wali Raheen
Generally, it does not matter who files first in a no-fault divorce. However, there may be some tactical angle to filing or not filing first based on the specific facts of your case. If you both agree and can get along in determining who gets what, including child custody and visitation, then you could seek mediation. But if you don't get along, or one spouse has an upper hand, then it would be wise to retain an attorney.
Answer Applies to: Virginia
Replied: 3/17/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
If the divorce is no fault based, then the answer is no.
Answer Applies to: Virginia
Replied: 3/18/2011
Click to View More Answers: