Divorce is an emotionally taxing time. It can be difficult to stay focused and make sound decisions.

This is dangerous because the legal proceedings will have grave impacts on your life, including your livelihood, once it is all finished. Strategic decisions, such as who files for divorce first, can affect the outcome of some cases. 

This article explores the pros and cons of filing for divorce first. Keep reading to learn different strategies to help you get the best possible outcome for your case. 

Basics of Oklahoma Divorce Proceedings

Before looking at the pros and cons of filing for divorce first, it is important to understand the basics of divorce laws in Oklahoma. In many ways, they are similar to other states. One possible distinction is that, in Oklahoma, there must be stated grounds for divorce. 

In fault-based divorces, one party (the “petitioner”) gives a reason for why the divorce is needed. A few common reasons include: 

• Abandonment
• Adultery
• Extreme Cruelty
• Fraudulent behavior
• Habitual substance abuse 

Fault-based cases are usually more complex, time-consuming, and expensive than “no-fault” ones. In the latter, both parties assert that there are “irreconcilable differences.”

Also, if both parties agree on how assets will be split and child custody details, the divorce is “uncontested” and will often move more quickly. If they do not agree, divorce is “contested” and will require mediation or a trial to be resolved.  

Pros of Filing First

One of the biggest advantages to filing first is control. This includes the location, timing, and format for divorce proceedings.  

If you and your spouse are currently separated and they live in another state or county, being in the lead divorce role benefits you in terms of jurisdiction. Filing for divorce can make things move faster, especially in cases where the other party does not wish to divorce. 

As with all civil cases, the petitioner gets to present their case first. This can create a first impression with the judge, which can be advantageous. Similarly, filing first can give you a leg up with divorce process strategies in court. 

Cons of Filing First

There are a few potential downsides to filing first. For starters, the petitioner will be responsible for the filing fees, though these can be nominal. 

There can be personal reasons why someone is reluctant to file first. The initial divorce filing impact can place an emotional burden on the petitioner. 

Depending on your situation, early divorce filing considerations can include the potential to escalate conflicts between you and your spouse. Keep in mind that Oklahoma law has protections for any spouse who feels intimidated or in danger of retribution for filing for divorce. 

Learn More About the Pros and Cons of Filing for Divorce First

Now that you understand the pros and cons of filing for divorce first, you can determine the best course of action moving forward. An experienced family law attorney can further advise you based on your unique circumstances and goals. 

Since its founding in 1895, our firm has provided the highest level of legal advice and representation to individuals and businesses in Oklahoma and beyond. Our team of legal experts specializes in family law and can help you navigate the difficult and emotionally fraught divorce process. Reach out to us today to schedule a free consultation.