Is There an Advantage to Filing for Divorce First in Michigan?

Thinking about divorce? You’re probably already stressed enough, and now you’re wondering, “Is there an advantage to filing for divorce first in Michigan?” Like most things in family law, it depends on your situation. Filing for divorce first isn’t always a game-changer, but under the right circumstances, it can give you an edge.

In this blog, our family law attorney explains what it means to file first, when it might give you an advantage, when it doesn’t matter, and how to know if filing first is the right move for you.

What Does “Filing First” Mean?

Filing for divorce first means you’re the one who kicks off the divorce process by submitting the initial paperwork to the court. This typically requires hiring a process server to serve the divorce papers, referred to as a Complaint. You become the “plaintiff,” and your spouse becomes the “defendant.” This doesn’t mean the court takes your side or gives you extra points, but it does come with a few perks in the broader scope of the divorce proceedings.

The Advantages of Filing First

Sometimes, filing for divorce first can help you stay one step ahead, especially if your split is shaping up to be messy. Filing first allows you to:

1. Set the Pace

When you file first, you start the clock and control the timing of the divorce proceedings. You determine when and where the divorce begins. That means you’re not sitting around waiting for your spouse to make the first move while your life hangs in limbo.

2. Choose the Court

In Michigan, you must file in the county where you or your spouse has lived for at least 10 days. Filing for divorce first allows you to choose the jurisdiction, which can be strategically beneficial. If both of you live in different counties, filing first lets you choose the court. This matters if one county’s court is notoriously slow or known for handling cases a certain way. If you’re in Edwardsburg and your ex lives across the state, filing first might save you time and gas money.

3. Get the First Word

When you file, you get to show your hand by laying out your demands and expectations first. That might not seem like a big deal, but it matters in legal disputes, especially contested divorces involving child custody, child support, or division of marital assets. You’re setting the tone. Your spouse has to respond to your narrative, not the other way around.

4. Prepare

Divorce isn’t just about emotions. It’s also about protecting your finances, kids, and future. Effective planning before filing for divorce usually means you’ve already had time to hire a divorce attorney, gather documents, and plan your strategy. You’re not scrambling to catch up while your spouse has a head start.

So… Is It Always Better to File First?

Filing for divorce first gives you some control and possible tactical advantages, but it’s not a magic trick. If your divorce is likely peaceful and uncontested, who files doesn’t matter much. But if you’re dealing with a hostile ex, complex property issues, or child custody battles, being first in line could make things a little smoother.

If you anticipate that your divorce may become contentious, don’t wait around. Talk to a family law attorney who knows the ropes and get ahead of it. However, while there are advantages to filing for divorce first, there are also potential disadvantages that should be considered, including the added emotional toll of initiating legal conflict or escalating a volatile relationship.

What Filing First Doesn’t Do

Filing for divorce first puts you in the driver’s seat, but you still have to follow the same rules as everyone else. Let’s clear up a few myths:

• It doesn’t guarantee you’ll win. Michigan is a no-fault divorce state. The court doesn’t care who files first. The judge only values facts, fairness, and the law. All that matters is whether irreconcilable differences have caused the breakdown of the marriage.
• It won’t let you skip the waiting period. Even if you file first, the court requires a 60-day waiting period (without kids) or 180 days (with kids) before finalizing the divorce.
• It doesn’t give you more parental rights. The judge will decide custody and parenting time based on what’s best for the kids, not who filed first.
• It doesn’t reduce the emotional strain. Whether you file or your spouse files, the emotional toll of going through a divorce can be heavy, especially if children or financial uncertainty are involved.

When You Should File First

Here are some situations where you should strongly consider being the first to file:

• Your spouse is draining bank accounts or hiding assets
• You fear for your safety or your children’s safety
• Your ex is moving out of state
• You suspect your spouse files just to gain control of the timeline
• You need temporary orders for child support or spousal support

If any of this sounds like your situation, don’t wait. Start talking to a divorce attorney now.

Think You’re Ready to File? It’s Your Move—Let’s Make It a Strong One

Filing for divorce is a significant life event. Whether you’re trying to protect your kids, your house, or your sanity, it’s smart to have a plan in place before jumping into the deep end. That starts with hiring a divorce lawyer who knows Michigan law and isn’t afraid to fight for what’s fair.

At LaBre Law Office, we have over 40 years of combined experience and have seen every kind of divorce you can imagine. From peaceful splits to full-on court battles, we’ve handled them all, and we’ve helped our clients come out stronger on the other side.

Searching for “divorce lawyers near me”? Look no further. Call us at (269) 431-2058 or complete our online form to schedule a consultation. Because when your future’s on the line, excellence is our standard.

Copyright © 2025. LaBre Law Office. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

LaBre Law Office
68897 Cass St,
Edwardsburg, MI 49112
(269) 431-2058
https://labrelaw.com/