Does it Help to be the First to File?
Do You Gain by Filing First?
The seasoned attorneys that we have spoken with agree that no significant benefit is derived by the party that files for divorce first just because he or she was the first to file. (This does not apply, however, in situations where the parties have a choice of counties in which to bring the case and the filing party has a preference regarding this issue.)*
No strategy or better positioning is gained by virtue of being the first party to file. No bias or prejudice, whatsoever, is drawn regarding the guilt or innocence of the party against whom the case was filed.
*Generally, in Illinois, a divorce case may be filed in the county in which either spouse resides at the time of filing.
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Richard and Kari are staunch advocates of the non-court approach to divorce, and are also active and seasoned litigators with over 60 years of combined trial experience in the Illinois divorce courts of Cook, DuPage, and Will counties.
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