Does It Matter Who Files for Divorce First?

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Depending on your circumstances, taking the first step and filing for divorce may put you at an advantage and give you better control over the outcome of the separation.

It’s odd to talk about getting the upper hand when it comes to a life moment so sensitive and complicated as divorce. However, having an advantage over your soon to be ex-spouse can save you a lot of emotional and financial stress.

You may think that it’s really not that important who files for divorce first as the outcome is the same regardless: you get separated from your partner. However, here is how making the first step can potentially benefit you.

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Based on 52 reviews
Áine Ó T.
1 month ago
Debbye and David were so lovely! They were on top of things from one day one and helped make things go so smoothly and speed things along!
Tom B.
5 months ago
David Betz was great to work with. He was patient, listened carefully, and was able to make non-biased, rational recommendations that both parties would agree to. I could tell he has a lot of mediation experience as he cut right through the emotional vomit and laid out the facts. His wisdom greatly expedited a resolution to my case and avoided a costly trial. I would highly recommend the Betz Law Firm to anyone seeking a sensible, professional mediation experience.
Courtney
5 months ago
Unfortunately, I found myself in a difficult situation and in need of mediation; Mr. Betz stepped up with only a moments notice. My previous experience with mediation was horrific, and I was very pleasantly surprised by the experience with Mr. Betz. His calm demeanor and efficiency was greatly appreciated, not to mention his willingness to step into an unknown situation and make it better, so very thankful.
Robert B.
9 months ago
I experienced a very difficult divorce process 6 years ago. There's no need to get into the details, but calling it difficult is quite an understatement. My now former spouse had unlimited funds for attorney's fees, and I did not. The whole process took 20 months from start to finish. My primary concern was for the future of both children. David made his decisions on facts and what he believed to be best for the kids. He did an incredible job of remaining objective amidst all the distractions and what I'll call the antics of the other three attorneys, yes, three attorneys employed by the opposing side at different times during the 20 months. David's recommendations to the judge never wavered from what was best for the kids. I am writing this review now because I can definitely state that David's recommendations were what was best for the kids. The kids are now 17 and 15, and they are thriving. Yes, I did my part as a parent, but I would never have had the chance to do so without the intelligence and integrity of David. He has the right combination of life experience, courage, and intelligence to earn the trust of anyone representing their children. I cannot say enough good things about David's commitment to being an exemplary GAL. I will close by saying that I am a paramedic and have been for a long time. Paramedics judge each other on whether we would want a particular paramedic working on our children in an emergency. Using that benchmark, I trust David to work on behalf of my kids, and if you have the opportunity to have David represent your children, you can trust him to advocate for the most vulnerable individuals in a divorce who need protection the most.
Ianthe S.
10 months ago
I contacted the Betz Law Firm to handle changing my name this year. The firm was very professional and returned my inquiry quickly. I worked with Debbye and she handled everything with accuracy and kindness. Everything was handled quickly and easily. Debbye displayed her excellent knowledge of the process as she walked me through everything. Overall, they took great care of me. Truly a white glove experience! I cannot recommend Betz highly enough and will be back to any future legal needs.
Dr. Tracy M.
11 months ago
Attorney David Betz was appointed Guardian ad Litem to represent my minor child during a highly contested divorce proceeding. Attorney Betz developed a structured and safe plan during the proceeding and recommended a final arrangement that was in the best interest of my minor child to keep him protected and ensure his safety.
B D.
1 year ago
David was very helpful and respectful all around. He took the time to hear my Son’s concerns and made him feel comfortable sharing these concerns. He was always on time and ready to handle our case, always prepared. I appreciate that, to me it shows that he really does care about the families he’s helping. I highly recommend him if you are considering a GAL for your case.
John E.
1 year ago
I appreciate Mr. Betz taking the time and effort to get to know everyone, especially including by being a part of depositions, and helping to facilitate an opportunity for us to move forward amicably in a co-parenting dynamic. I would recommend him.
Robert B.
1 year ago
I have known David for many years, working on cases and outside of work. He is a fantastic advocate, has high standards, is well respected and sticks to his principles. He gets the struggles parents can face raising kids these days. I really admire his courage and how he fights to make a positive difference in people's lives, especially for his clients.
Chris C.
1 year ago
The Betz law firm did an amazing and efficient job executing on my non-contested divorce. My ex drug his feet and the law firm kept on him and even was prepared to go forward with a non-response judgement. My ex responded the day before we went for a non-responsive judgement and agreed, finally. The judge signed off within the week and I was notified via email that my divorce was final a few days prior to receiving the email. I never had to go to their office or to court to face my ex. From start to finish, this took 6 months almost to the day. Again, my ex drug his feet, this could have probably gone faster. Thank you Debbye Laskey for keeping the paperwork straight and to Mr. Betz for the legal components.
AB M.
1 year ago
Mr. Betz is an exceptional attorney who has been an advisor for me and represented many of my clients. He is well respected within the legal community and trusted by all.
Nick P.
1 year ago
David and his team are excellent to work with. The care, expertise, along with the ease and frequency of communications always kept me well informed and aware of the status of my situation. I cannot recommend The Betz Law Firm enough and I won’t hesitate to call them again in the future if I ever require their services again.
Amanda A.
2 years ago
David was amazing in my case. He was very helpful and very informative and also very understanding. Easy to communicate with.
Ian B.
2 years ago
Mr Betz worked with both of us for us with our mediation, no matter how frustrating she was becoming. He handled the situation very calmly and professionally. Thank you for helping it come to a resolution.
mark H.
2 years ago
I have worked with Mr. Betz a number of times and have always found him to be a wonderful GAL and mediator. He does the work, gets things done, and cares about the tasks and people involved. I highly recommend him as both a GAL and mediator.
Ray W.
2 years ago
I hired the services of David Betz for purposes of getting a name change and him and his paralegal Debbye were professional, answered emails promptly, and were able to handle a complication in my case with no problems. Would highly recommend Mr. Betz.
Laura R.
2 years ago
Mr. Betz is a knowledgeable and helpful straight shooter who truly cares about kids! Highly recommend.
Janice M.
3 years ago
The Betz Law Firm assisted my son with legally changing his name. They were extremely easy to work and very helpful!!!
Oliver W.
3 years ago
David Betz and Debbye Lasky were both wonderful to work with and accomplished what I needed done.
Russell M.
4 years ago
David was very professional and helpful for our child during a recent litigation. I would highly recommend his firm for GAL service or attorney service!
Christian E.
4 years ago
Fair Guardian Ad Litem who has walked a tightrope of a custody case
Isaac
4 years ago
I was very impressed with Mr. Betz’s service. He was the GAL for my children. He was very professional, fair-but-caring and advocated tireless for the children’s best interests. He took his time to talk to them about their wishes, giving us sound advice and guided us through an otherwise contentious process. I appreciated his professionalism, ethics and would highly recommend him.
Ann F.
5 years ago
My son and I have worked with David Betz for several years in custody matters concerning my grandson. I have found him to be genuinely concerned with our situation and responsive to our needs. He listens carefully and handles matters promptly. He is realistic in evaluating situations and helps us to arrive at the best possible alternatives. I highly recommend him for family law matters.
Bu J.
5 years ago
I am a transfeminine nonbinary person that used The Betz Firm to get my name changed. They were extremely affirming, and excited to work with me through this as it was an immensely huge deal for me. Thank you Betz Firm, for making this a reality for me!
Mason J.
5 years ago
Joel and David are extremely helpful and helped with everything I needed. They are kind and worked with me with all of my needs regarding my case! I would recommend to everyone!

You Have the Time to Find the Right Lawyer

If your spouse files first, you will be served papers. Missouri law then gives you 30 days to respond. This often leaves a person scrambling to find a lawyer to take on their case. If you file first, you will have the time you need to find a St. Louis divorce attorney who will represent your best interests and help you achieve the best possible outcome.

You Have Time to Gather All the Needed Documents

A divorce is a bureaucratic hassle. If your partner files first, then you will spend time and money trying to gather all the financial and legal documents required. If your spouse refuses to provide some of them, then things can get overly complicated and costly.

If you file first, then you will have enough time to prepare all the documents needed and save yourself money and your mental sanity.

You May Have the First Choice of Court

Divorces are filed for and settle in the jurisdiction both or one of the spouses live in. If you have property both in Missouri and Florida, for example, you may be surprised to learn the differences in the law regarding child custody, division of assets, spousal support, and so on. Moreover, if your partner moved to another state and they file for divorce first, then you will likely have to follow the laws of that jurisdiction. All that can work to your disadvantage. 

You Have Time to Prepare Yourself Emotionally

Filing for divorce first comes with emotional benefits too. If you are in a toxic or abusive relationship, taking the first step can feel empowering. You have the time to come to terms with the fact that your marriage ended and take action. Instead of reacting to your spouse filing first, you are in control of your own life and destiny. And, you need that kind of mindset during a difficult and stressful period like a divorce.

Speak With an Attorney

There will be lots of variables that you can’t control or foresee. Taking the first step and filing for divorce may put you at an advantage and give you better control over the outcome of the separation.

Discuss the pros and cons of filing for divorce first with an experienced St. Louis family law lawyer and decide together what your next move should be. Give The Betz Law Firm a call today at (314) 801-8488