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Filing first in a divorce often comes with unexpected influence. The person who initiates the process can set the tone for everything that follows. Timing, court location, and the first version of the facts all come into play. If you’re thinking about initiating divorce in Texas, it helps to know how the decision could shape your financial position, your role in court, and even your custody negotiations. This blog breaks down the practical impact of being the one to file first.
The Power of Being the Petitioner
Filing first gives you the role of the petitioner, while your spouse becomes the respondent. This affects both the courtroom experience and legal positioning. The petitioner often sets the tone for the case by drafting the initial petition, choosing where to file, and establishing the first narrative.
You Set the Court Venue
Texas allows spouses to file in the county where either one of them has lived for at least 90 days. Filing first lets you choose the location. If you and your spouse live in different counties, the petitioner can select a venue that may offer convenience, faster scheduling, or perceived advantages in local court trends.
You Control the Initial Narrative
The petition you file becomes the foundation for the case. You outline the reason for divorce, state your property claims, and propose custody arrangements. The respondent can dispute these, but the first draft often influences early negotiations and court interpretation.
Financial Considerations When Filing First
Divorce can disrupt your financial stability. Filing first gives you a chance to prepare ahead of your spouse. This makes it easier to safeguard money, assets, and credit during the process.
You Can Freeze Joint Accounts
Once you file, you may request temporary orders to protect marital assets. Courts often grant orders that prevent both parties from draining accounts, selling property, or racking up debt. Filing first gives you an opportunity to ask for these protections early.
You Prepare Financial Documents First
By initiating the process, you can gather tax records, bank statements, retirement accounts, and other financial documents before your spouse knows what’s coming. This helps reduce the risk of hidden assets or manipulated records.
Emotional and Psychological Control
Filing first allows you to control the timing. This matters in relationships where communication has broken down. You decide when the process starts and when your spouse receives the paperwork.
You Can Prepare Yourself Mentally
Knowing you will file first gives you a chance to speak with a lawyer, gather documents, create a parenting plan, and find emotional support before involving your spouse. You don’t need to explain your next move until you’ve already made it.
You Avoid Being Blindsided
Respondents must react quickly. Deadlines for filing an answer or responding to temporary orders come fast. Filing first means you won’t be the one caught off guard.
Legal Strategy and Court Advantages
While courts treat both parties fairly in theory, petitioners may gain procedural advantages.
You Speak First in Court
In hearings or trial, petitioners present their case first. That means you tell your side before your spouse does. Judges often form early impressions based on the opening presentation.
You May Get Temporary Orders First
Temporary orders can cover custody, child support, spousal support, and possession of property. Petitioners usually submit the first proposed orders and ask the court for early relief. Respondents must then respond to your terms.
Custody Implications
If you have children, filing first can influence how custody talks begin. Though both parents have equal rights under Texas law, filing first lets you propose your preferred custody schedule.
You Create the Initial Parenting Plan
The court requires divorcing parents to create a parenting plan. As the petitioner, you include your preferred plan in the original petition or in your proposed temporary orders. If your spouse disagrees, the court must resolve the dispute, but your version gets reviewed first.
You Request Protective Measures If Needed
In cases involving family violence or emotional instability, filing first helps you request temporary restraining orders or supervised visitation right away. This protects children before your spouse can respond.
Drawbacks of Filing First
While filing first gives you several advantages, it doesn’t work in every situation.
You Pay the Filing Fee
Texas divorce filing fees range from $250 to $350, depending on the county. As the petitioner, you cover this cost upfront. If finances are tight, this can be a hurdle.
You Show Your Hand
Once you file, your spouse sees your proposed terms. They can prepare counterclaims or work with their attorney to challenge your position. This could give them time to build a stronger defense than if they had been surprised in court.
You May Trigger Conflict
Filing first can escalate emotions. Your spouse may feel betrayed or ambushed. If you want a low-conflict divorce, surprising your spouse with legal paperwork might not help. Consider whether communication or negotiation is possible before going to court.
Situations Where Filing First Helps
Consider these scenarios where initiating divorce offers key benefits:
- Your spouse has already hired a lawyer or threatened divorce
- You suspect your spouse may hide assets or transfer property
- You need immediate financial or custody protection
- You’ve already separated and want a clean legal start
- You expect a contested divorce and want early courtroom control
When You May Want to Wait
In some cases, it may be smarter to wait before filing:
- You and your spouse are still negotiating terms
- You want to avoid starting the 60-day Texas waiting period too early
- You prefer to mediate before heading to court
- You fear retaliation or emotional outbursts from your spouse
How to File First in Texas
If you decide to move forward, here’s a basic overview of what to do:
- Confirm Eligibility: You must have lived in Texas for at least six months and in the county for at least 90 days.
- Draft Your Petition: Work with an attorney or use Texas family law forms to write your petition.
- File at the Courthouse: File in the appropriate county. The clerk will assign a case number and judge.
- Serve Your Spouse: A constable, sheriff, or private process server delivers the petition to your spouse.
- Request Temporary Orders: If needed, file for temporary support, custody, or asset protection.
- Prepare for Court: Gather documents, attend hearings, and work with your attorney to build your case.
Final Thoughts
Filing first can offer several benefits, but it also requires planning. If you feel ready, take time to speak with a family law attorney. Filing first puts you in the driver’s seat, but the path ahead still depends on preparation, timing, and how you handle the process.
Other Related Articles:
- Who Initiates 70% of Divorces?
- Will A Divorce Cost Me More If I Am the One Who Initiates It?
- Texas Divorce Venue vs Jurisdiction: Key Differences Explained
- Can You File for Divorce in Texas if Only You Live Here? Find Out What You Need to Know
- I Want a Divorce But My Spouse Doesn’t Live in Texas: What You Need to Know
- How to Get a Divorce in Texas: Step-by-Step Guide
- Requirements for an Uncontested Divorce in Texas – Simplified Steps
- All You Need to Know: What is a Default Divorce in Texas
- Are Lawyer Consultation Fees Refundable in Texas Divorce Cases?
- How to Get a Divorce in Texas Without Your Spouse: A Step-by-Step Guide
FAQs: Filing for Divorce First in Texas
Is it better to be the one who filed for divorce?
Being the first to file can provide strategic benefits, such as setting the legal and emotional tone of the divorce and preparing more comprehensively. However, the outcomes largely depend on individual circumstances and judicial discretion.
Can a spouse refuse a divorce in Texas?
In Texas, a spouse cannot block a divorce by simply refusing it. Once one spouse files for divorce, the process will proceed, regardless of the other spouse’s consent.
Do both pa rties need to agree to a divorce in Texas?
Mutual agreement is not required for a divorce to be granted in Texas. A divorce can be finalized even if one party does not wish to dissolve the marriage.
What are the advantages of filing for divorce first in Texas?
Filing first can offer advantages like choosing the jurisdiction and possibly affecting initial temporary orders. It also provides the opportunity to plan your strategy and gather necessary information beforehand.
What is the #1 cause of divorce?
Causes of divorce vary, but common reasons include communication breakdowns, financial difficulties, infidelity, and lack of compatibility.
What percentage of people regret filing for divorce?
Regret after filing for divorce varies, with some studies suggesting a minority of individuals regret their decision. The exact percentage can differ based on various factors, including the reasons for divorce and personal circumstances.
Who initiates divorce first?
Research shows that women are statistically more likely to initiate divorce than men, although the reasons and circumstances can vary widely from case to case.
