Does it affect a divorce depending on who files for divorce first, or should you be prepared and let the WS file for divorce and you just present your Lawyer?

In Minnesota... and most no-fault states it doesn't matter.

However, when motions are filed, the original filer gets one additional filing before the motion goes to a hearing. I think they call this the filing, the filing of motion, and the filing of motion and motion. The theory being that you (or your wife) bring a filing of motion, the other party gets to respond to your filing, then you get to respond to their response. It provides a small tacticle advantage.

For example, during the D prceddings, I filed for sole temporary custody of my kids. I got to present my concerns and reasons for wanting the sole custody. WW responded by making claims against me... but not responding to my claims against her. Since I got to file the motion and motion... I had respnded to all of her concerns prior to mediation. The onus was really on her at mediation to counter the original claims I had made about her parenting at the time.

In short though... no, it doesn't really matter who files first...at least in a no fault state.


**D I S C L A I M E R**

I am no lawyer and don't even play one on TV... just relating my experiences here in MN. <img border="0" title="" alt="[Smile]" src="images/icons/smile.gif" />