Myth: Whoever files first has an advantage in the divorce proceeding.      

Truth: There is no legal advantage for the party that files the case with the court.  Washington is  a no-fault state and any married person can get divorced for any reason; the courts do not see the person who filed as having the upper hand.

The person filing cannot file final papers without your knowledge unless you failed to respond to the petition. If you choose to ignore the legal case, then the person who filed can take a default against you. So be aware of the deadline for responding if you are served with divorce paperwork. You should hire an attorney before the deadline expires so your rights are protected.

Give Yourself an Advantage During Divorce With a Trustworthy Attorney

I debunk other divorce myths in our free eBook, 9 Urban Myths about Divorce That Can Hurt You.

While there is no advantage to filing first, there is an advantage to having a divorce attorney on your side. Call us at 425-460-0550 or visit our contact page to schedule a consultation.

Molly B. Kenny
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Divorce and Child Custody Attorney Serving Bellevue and Seattle Washington
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