{"id":1510,"date":"2020-02-20T17:48:10","date_gmt":"2020-02-20T17:48:10","guid":{"rendered":"https:\/\/alsandorlaw.com\/?p=1510"},"modified":"2024-02-19T07:06:10","modified_gmt":"2024-02-19T07:06:10","slug":"does-it-matter-who-files-for-divorce-first-in-texas","status":"publish","type":"post","link":"https:\/\/alsandorlaw.com\/does-it-matter-who-files-for-divorce-first-in-texas\/","title":{"rendered":"Does It Matter Who Files for Divorce First in Texas?"},"content":{"rendered":"

Is\u00a0it better to file first, or should you wait for your spouse to file? Does it matter who files for divorce first in Texas? The truth is, in most cases, it doesn’t. That being said, there are some advantages to filing first \u2014 and whether or not these advantages are significant enough to warrant making an immediate decision will depend on your personal circumstances.\u00a0<\/span><\/p>\n

If you\u2019re considering filing for a divorce in Texas, here’s what you need to know about making the first move.\u00a0<\/span><\/p>\n

What Are the Advantages of Filing First?<\/span><\/p>\n

Setting the Tone of the Divorce<\/span><\/p>\n

Whoever files first is considered \u201cthe petitioner\u201d by the courts. In certain situations, the petitioner will not only have a slight procedural advantage, but will also get to set the tone of the proceedings. And if you would like to pursue an uncontested, amicable divorce, you have a better chance of\u00a0achieving that by filing first.\u00a0<\/span><\/p>\n

Choosing the County Where the Proceedings Will Occur<\/span><\/p>\n

If you\u2019re separated from your spouse and they have been living in another county in Texas for at least ninety days, you may prefer to have the proceedings in the county where you live. If\u00a0your spouse files first, they may select their own county, which would force you to travel for any courtroom proceedings. Of course, in some cases, you may prefer to file divorce in\u00a0your spouse’s county if you think their county court would offer you some advantage.\u00a0<\/span><\/p>\n

Setting the First Hearing Date<\/span><\/p>\n

You get to\u00a0decide when the court will hear arguments on temporary restraining orders. If you can no longer trust your spouse with money or property that rightfully belongs to the marriage, filing first thus gives you some\u00a0control over the situation.\u00a0<\/span><\/p>\n

You can petition the court to issue temporary restraining orders preventing your spouse from making business or monetary decisions while the divorce is proceeding. This can prevent them from selling assets, transferring property, or otherwise attempting to \u201cprotect\u201d assets that rightfully belong to the marriage.<\/span><\/p>\n

You can also file a motion to prevent them from leaving the state with your children.<\/span><\/p>\n

Going First at Hearings or Trial<\/span><\/p>\n

Depending on your circumstances, this can either be an advantage or a disadvantage:<\/span><\/p>\n