While Washington is a no-fault divorce state, meaning you don’t need to prove wrongdoing to end a marriage, the decision to file first can still carry strategic value. Many people wonder if there’s a legal benefit to being the petitioner the spouse who initiates the divorce. Frankly, the answer is mostly no. However, that’s not always the case, and you should speak with an attorney to understand your options.
Procedural Benefits of Filing First
Filing first can allow you to:
- Choose the county where the case is filed, if spouses live in different locations.
- Set the initial tone of the case with your preferred Parenting Plan or Proposed Order.
- Present your requests before your spouse responds.
- Be more prepared emotionally and financially, having gathered documents and hired counsel ahead of time.
Service Timing and Temporary Orders
Filing first also gives you control over when and how your spouse is served with the paperwork. This can be important if you're worried about your spouse hiding assets, moving children, or retaliating. After filing, you may request temporary orders to establish ground rules for finances, parenting, and housing while the case proceeds.
Are There Drawbacks?
There may be a filing fee (a few hundred dollars), and you'll be first to submit required forms. Additionally, filing first may surprise or upset the other spouse, potentially increasing tension. If you expect an amicable split, it’s worth discussing mutual timing and filing jointly where appropriate.
Strategic Timing Can Matter
Filing before your spouse doesn’t guarantee a better outcome, but it often allows for better planning and control during a highly stressful time.
At Magnuson Lowell, P.S., we offer free telephone consultations 425-800-0573 to help you understand your options before you take the first step. If you're thinking about divorce in Washington, we can guide you through the process with preparation and confidence.
