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Should I Be the First to File for Divorce?

The answer to this question is it depends. In some states the first person to file has a choice of more than one court. When determining what county in Missouri your case will be heard in is disputed then being the first to file is always preferable. However, if there is no issue about where the divorce will be filed (i.e. both of you live in the same county) then the other reasons for filing first include issues of not having access to marital funds to pay bills, domestic violence, or serious disagreements about temporary custody. If the two of you cannot agree on how to get the bills paid temporarily, you are afraid of your spouse, and/or you cannot agree on who should have the kids then you should proceed with filing for divorce immediately.

If you do not fall into any of these categories then the less important reasons for filing first are because you believe your marriage is broken and it is important to you to file for divorce first (you hate him/her and want them to know you are never, ever getting back together again) or it is important for your lawyer that you file first because in Missouri the person filing first presents his/her evidence first to the judge. When in doubt ask a good lawyer about what is best for your particular situation.