Marietta and Metro Atlanta Divorce and Family Law Blog

Should You Rush to File?

Posted by Diane Cherry, Managing Partner | May 13, 2022

Filing for Divorce
Who Should Be the First to File?

Many people have been led to believe there is an advantage to filing a divorce complaint first.  That's not the case.

The difference in being the party who files for divorce and being the party is who is served with divorce papers is negligible and one thing you needn't worry about.

The evidence in your case is what counts.  The party with the most complete records, photos, videos, texts and emails has a very big advantage in court.  If you are more organized and have a command of the facts, you will help improve the strength of your case by leaps and bounds over your spouse.  If you are able to summarize and digest the evidence into charts and spreadsheets, you will improve your case even more.

Don't worry about whether you need to file first.  Worry about how you are conducting yourself and whether your conduct is going to hurt or help your case.  

The difference between an ideal outcome in court and a poor outcome often comes down to how you present yourself and how you come across to the Judge.  Focus on the facts, the evidence, your witnesses and yourself and it won't matter who files for divorce first.

About the Author

Diane Cherry, Managing Partner

I am an Atlanta area Family Law Attorney who has represented hundreds of clients in federal and state courts and administrative hearing cases throughout the State of Georgia.


Separation and divorce are often the most difficult times of a person's life. Our family law experts are dedicated to representing every client with integrity, dedication, and with the understanding that you are trusting us to help resolve your divorce or family law matter as if you were a member of our family.

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