Does it matter who files?

What is the name of your state? LA

This is for my brother in law, who it appears is headed for divorce court.

He is the one who wants the divorce. Neither he nor his wife can file at this point because they have not lived here long enough--it will be another 6-8 weeks. He has not yet talked to an attorney but his wife has.

1) Is there any "benefit" to being the party who does the filing?

2) Would it be wise for him to see an attorney now and "get his ducks in a row"?

Is there any "benefit" to being the party who does the filing?

Click to expand...

Yes, it's called being in a position of power. But it's a transitory power.

Would it be wise for him to see an attorney now and "get his ducks in a row"?

Click to expand...

It is ALWAYS advisable to seek legal council BEFORE a problem occurs. Especially since a divorce MAY be imminent. It gives him time to find one HE is comfortable with.

Thanks! I'll tell him not to wait till he's legally able to file to see a lawyer and get the ball rolling.

sounds like a plan