Does it Matter Who Files First for Divorce in Georgia?

When considering a divorce in Georgia, a common question asked is : Does it matter who files first? The answer can influence how the divorce process unfolds, impacting everything from child custody to the division of marital assets.

Who Usually Files for Divorce?

Statistically, women are more likely to file for divorce in the United States. This trend might be due to various reasons, including financial preparedness or the desire to initiate the divorce process on their own terms. There’s even some evidence pointing to what’s known as ‘divorce clustering.’ This is an alleged phenomenon where if one couple in a friend or family circle separates, the chances of other couples following along increases.

Is it Better to be the One Who Filed for Divorce?

In Georgia, being the first to file for divorce can have certain advantages. The person who files (usually referred to as the “Plaintiff” or Petitioner”) has the opportunity to set the tone for the divorce case. This can be particularly important in fault divorces, where specific reasons for the divorce, such as infidelity or cruelty, are stated. Additionally, the Petitioner may have more time to prepare their case, including gathering financial documents and consulting with divorce lawyers. See more on our blog on www.theatlantafamilylawfirm.com