Q: My wife wants to file for divorce is it better for me to file the separation papers before she does with the county seat
A: I suggest you consult privately with a divorce attorney as these decisions are very presonal and this forum would only be providing general advice.
A:
Thank you for your question. That's a very common question among people contemplating divorce. There are no such thing as separation papers in New Jersey. Whoever files for divorce first is the PLAINTIFF and whoever answers that divorce complaint is the DEFENDANT. There is no strategic advantage in being first or second. The filing fee for the Complaint is higher, but the court will view both parties the same.
A divorce can be a confusing and complicated process. You should consult with an experienced family law attorney to determine your rights and obligations before you move forward.
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