When a marriage is coming to an end, timing can play an important role in shaping the divorce process. In Florida, the spouse who files first—known as the petitioner—may gain several procedural and strategic advantages throughout the case. At The Law Offices of James M. Lilly, PLLC, we help clients understand how the decision to file first can impact issues such as property division, child custody, and financial planning.

Below are the key benefits of being the first to file for divorce in Florida.

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1. You Control the Timing and Start the Divorce Process on Your Terms

Filing first allows you to choose when the divorce begins. This can be an advantage if you need time to prepare financially or emotionally, organize documents, or secure legal representation. It also prevents your spouse from catching you off guard with a filing when you're unprepared.

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2. You Choose the Court Location

Although Florida has strict rules about where a divorce can be filed, if spouses live in different counties, the petitioner can select the venue. This may be beneficial if one county has a more convenient courthouse or a reputation for smoother case processing.

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3. You Set the Tone With Your Petition

The spouse who files first presents the initial version of events and outlines their requests for child custody, alimony, parenting time, and property division. Filing first allows you to frame the issues before your spouse responds.

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4. Possible Financial Advantages

Being the first to file for divorce in Florida can help you:

• Organize key financial records before the process begins

• Evaluate marital vs. non-marital assets

• Protect credit and secure financial accounts

• Prepare for temporary support requests

This preparation can help you avoid surprises involving marital funds or debts.

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5. You May Gain a Strategic Edge in Temporary Orders

Temporary orders can control major issues while the divorce is pending, such as:

• Temporary timesharing (child custody)

• Child support

• Temporary alimony

• Who stays in the marital home

The spouse who files first often has more time to prepare for these hearings, gather evidence, and build a stronger case.

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6. You Are Not “On the Defensive”

When you file first, you are proactive—not reactive. You do not need to scramble to meet court deadlines or respond unexpectedly to allegations. Instead, you begin with a plan and move forward with greater clarity and confidence.

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7. Psychological and Emotional Benefits

Knowing you made the first move can help reduce uncertainty and feelings of powerlessness. Divorce is deeply personal, and taking control of the process can create emotional stability during a challenging time.

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Is Being First to File Always the Best Choice?

While filing first offers distinct advantages, every case is unique. Factors such as children, finances, personal safety, and the complexity of marital assets may influence whether filing first is the right strategy.

An experienced Florida divorce attorney at The Law Offices of James M. Lilly, PLLC can help you evaluate your options and determine whether filing first aligns with your goals.