The outcome of the divorce is not dependent on who files first. However, the party that files first will have the opportunity to establish temporary orders concerning who will reside in the marital residence and an initial child custody schedule if children are involved. These temporary orders can be modified by the party that did not file first, but they will be the standing court order until a motion to modify is filed and ruled on by a judge. Each individual case may have certain advantages or disadvantages to filing first. This is a decision that JHC’s skilled family law attorneys can discuss with you and help you to make the right decision for your situation.