It really depends on what you mean by "advantage."  If ou file first then you are the "plaintiff" - the person who has brought the suit and who must prove the case sufficiently to the judge to get what they want - a divorce.  The party sued - "defendant" does not have to prove the case only defend against the allegations made.  If the divorce is wanted by both and therefore uncontested then it may not matter, especially if your state has what is called a "no-fault" divorce meaning that you don't have to go around accusing someone of anything like adultery or cruelty. Issues as to distribution of assets are wither agreed or tried by the judge and what is or is not will not depend on who you are in the suit.  Same goes for child custody, support and visitation.  The defendant can make the same terrible allegations against their spouse as the plaintiff and counter sue.  I guess ego makes it matter.  At this point, though, it may not be worth the fight.