Does It Make Difference If I File First for My Divorce?

For the most part, it does not matter who files a Divorce action first. There is one county in Southwest Ohio however, where this may make a difference, as the Judge in that Court may issue Temporary Parenting and Support Orders based solely upon the information and documentation provided by the party that initially files the Divorce. In the other counties in Southwest Ohio however, the Court will not issue such Temporary Orders until both parties have been given an opportunity to provide the Court with their own versions of the relevant information and documentation, and the Court has had an opportunity to consider the same. Even in the one county where the Court may issue such a Temporary Order based solely upon the information and documentation provided by the person who initiates the Divorce proceedings, the other party will be given an opportunity to contest the Court’s initial determination.

Other than the above, at least from the standpoint of what the Court will consider in deciding the issues incident to the ending of the marriage, it does not matter which of the spouses initially files the Divorce action. Certainly, the Courts do not favor one party over the other based upon who filed the initial action.