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Divorce Myth #2 “I have to be the one to file first!”

Posted on September 19, 2017

There is a misconception about what happens if you file for dissolution of marriage first.  Filing your case before your spouse only means that you are now the Petitioner, therefore, if your case goes to trial, the Petitioner will present their case first.  Attorney’s fees are generally based on need and ability to pay in accordance with Florida Statute 61.13.  If there is a jurisdictional dispute as to where the case should be heard, filing first will be an advantage.  Otherwise, filing first has very little impact on your case.

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