Houston, TX asked in Family Law for Texas

Q: In filing a divorce is it better to be the one to file first?

My Husband deserted me two years ago and has not filed for divorce yet. he is paying all the bills. It is starting to get extremely complicated. It is better to be the one to file for divorce first?

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1 Lawyer Answer
Adam Kielich
Adam Kielich
  • Bedford, TX
  • Licensed in Texas

A: Attorneys disagree about this issue. My position is that there are situations where it makes a difference but in the majority of cases it does not. I would suggest if the situation is getting complicated that you talk to an attorney now about how to proceed rather than waiting to see what happens where you may not be able to make the decision about whether your situation is one where you would benefit from filing first.

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