divorcing, who first

[Fmfred425]

What is the name of your state (only U.S. law)? New York. Is there any advantage to who files for the divorce and/who files first? If either one does file with a lawyer, can they still decide to use mediation later?

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What does that mean?

[Ronin]

Is there any advantage to who files for the divorce and/who files first?

Generally speaking, No. Technically the one filing for divorce (Plaintiff/Petitioner) has the first and last word in court, but often thats neither here nor there.

That said, in some cases it can be a benefit to file first. Especially if used as a well planned surpise tactic to gain an unfair advantage with temporary orders.

If either one does file with a lawyer, can they still decide to use mediation later?

Yes