If you’re wondering, “Does it matter who files for divorce first in Virginia?”, the answer is both yes and no. This is because it’s advantageous to a party seeking divorce to file first. It has the advantages of meaning the party filing first is able to set the pace of the proceedings. Alongside this, if you file for divorce first you are the first to speak in court if there is a trial.
On the other hand, it’s not advantageous to file for divorce first in Virginia in the sense that, regardless of who files first, the facts and evidence presented to a court will be reviewed impartially. In other words, the evidence will be assessed from an objective perspective — unbiased by who filed first.
So it does not matter who files first for divorce in Virginia, it matters more that the parties have a solid case to make for themselves throughout the divorce settlement proceedings.
Potential advantages
One potential advantage for someone filing for divorce first is that they will have more control over the pacing of proceedings that take place. If you’re eager to settle, you can communicate this first to your spouse and attempt to get the process completed as soon as possible.
However, if you want to go to trial you will have the chance to convey this preference. Even if your spouse opposes your proposed speed of completion, you will have the first say and be able to begin any future negotiations from there.
Alongside this, if you file for divorce first, you will be able to speak first in court if the proceedings go to trial. This can be helpful as it will allow you to control the initial narrative in a sense as the judge will hear your perspective of things first.
Likewise, you will be able to speak last if a trial takes place. In a similar way, this allows you to tie up the hearing with your thoughts and perspective being the final thing heard.
Conclusion
Despite the advantages it can provide filing for divorce first, ultimately it should not have a significant impact on the divorce proceedings. This is due to the fact that the court will judge objectively, irrespective of who filed first. They must assess the facts of the divorce without giving a bias to either party.
So if someone is seeking to file for divorce in Virginia, the timing of their filing would have some advantages. For instance, they would be able to have a bit more control over the speed of proceedings if they filed first.
On top of that, they would be the first and last to speak in court if a trial took place. However, courts must judge objectively, so they would not benefit to a significant degree from filing first. As a result, who files for divorce first does not matter as much as having a solid case for yourself in the proceedings.