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Who Should File First for Divorce in Texas?

By December 12, 2022May 22nd, 2024No Comments

Any divorce can be complicated, and you may have many questions when filing for a divorce in Texas. A common question that our Texas divorce attorneys often are asked is, “Who should file first for divorce in Texas?” Under Texas law, it typically doesn’t matter who files for divorce first in Texas. However, depending on your circumstances, there may be specific advantages to why you would want to file first.

Advantages to filing first for divorce in Texas.

If you have questions about filing for divorce, it’s best to speak with a divorce attorney that can help guide you. However, here are some advantages why you would want to be the first to file for a divorce in Texas.

You set the tone for your divorce.

Once you decide to file for divorce, you can immediately contact an experienced divorce attorney who will lay out your case and present your best options. You will be the one to serve divorce papers and outline your child custody requests, assets, spousal support, etc.

The ability to file for a protective order.

If you are a domestic abuse victim, you must get the help you need, including filing a protective order. Your Texas divorce attorney will be able to assist you in filing for a protective order. Without a protective order, your spouse can leave with your children, hide funds, continue the abuse, and be able to make filing for a divorce difficult for you.

You get to speak to the court first.

Since you are setting the tone first, you can present to the court why you would like a specific custody arrangement, spousal support, or protection from your spouse. Your divorce attorney will provide you with the help you need and do what is best for you and your family’s future.

Disadvantages to filing first for divorce in Texas

Along with the advantages, there are also a few disadvantages to filing for divorce in Texas. Therefore, we advise setting up an initial consultation with an experienced Texas divorce attorney who can weigh your case with the advantages and disadvantages of filing first. Disadvantages include;

  • Whoever files first for a divorce in Texas has to pay the filing fee. In Brazos county, the filing fee is $350.
  • Once you file, your spouse will be aware of your divorce requests and can put together a counter-attack. The possibility of a counter-attack is why it is essential to have an experienced divorce attorney on your side.
  • If you file for divorce without your spouse knowing, this could cause your spouse to become more understandably upset and could try to make your divorce more difficult.

We can help you weigh the advantages and disadvantages of filing first for divorce in Texas.

Divorce is never easy. Divorces can become complicated even when you are on the best terms. The complexities of divorce is the reason why you need an experienced divorce attorney on your side from the beginning. Our Texas divorce law firm can answer all your questions, provide you with all your options, and be there to guide you from beginning to end.


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C.E. Borman & Associates is an American Lawyer Top 100 Law Firm. 

C.E. Borman & Associates have served the Brazos Valley for over 20 years. Our attorneys and legal staff are committed to straight talk and honest advice.

We provide exceptional value to our clients and often make life-long, remarkable changes that benefit future generations. Contact us if you need a divorce or family law attorney. Call (979) 846-4090.


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