Year: 2026

When a marriage reaches the point where divorce seems like the only option, many spouses wonder whether they should be the first to file for divorce or wait for their partner to take that step. This question arises frequently, and the answer depends on your specific circumstances.Does It Matter Who Files for Divorce First in Michigan?In most cases, filing first does not dramatically change the outcome of your divorce. Michigan is a no-fault divorce state, which means the court does not assign blame to either spouse when granting a divorce. The person who files first becomes the plaintiff, while the responding spouse becomes the defendant. However, these labels do not give either party an automatic advantage in the final divorce settlement.What Michigan Law Says About Filing FirstMichigan law treats both spouses fairly, regardless of who files first. The state requires a waiting period of 60 days for couples without children and 180 days for couples with minor children before a divorce can become final. This waiting period applies no matter who initiates the process. The court will divide property equitably, determine child custody based on the best interests of the children (if applicable), and address support matters using the same legal standards for both parties.Advantages of Being the First to File for DivorceWhile filing first may not change the legal outcome, it can offer some practical benefits:More time to prepare – You can gather financial documents, organize records, and build your case before the other party knows divorce proceedings have begun.Choice of jurisdiction – If you and your spouse live in different counties, filing first may allow you to choose where the case gets heard.Emotional readiness – Taking the initiative means you have already processed the decision and feel prepared to move forward.Ability to file for temporary relief – The first to file for divorce can request temporary orders for custody, child support, spousal support, or property use while the divorce is pending.In situations involving domestic violence or financial misconduct, filing first becomes more critical to protect yourself and your assets.When Filing First Makes No DifferenceFor many couples, the order in which they file has little effect on the final outcome. If both spouses are willing to cooperate, have straightforward assets, and agree on significant issues, filing first offers minimal advantages in the divorce process. The time between filing and responding is relatively short in Michigan, so any head start is quickly lost.What to Do If Your Spouse Files for Divorce Before YouIf your spouse files first, you still have the same rights and opportunities to present your case. Focus on responding promptly, gathering your documentation, and finding a Michigan family law attorney to protect your interests. The court will consider both sides equally.Talk to an Experienced Traverse City Divorce Attorney TodayWhether you are considering being the first to file for divorce or your spouse has already started the process, having a skilled divorce lawyer can make a significant difference. At Alward Fisher, our experienced team can explain your options and develop a strategy to protect your future. Contact our family law lawyers today for a confidential consultation with a knowledgeable divorce attorney in Traverse City.

Year: 2026

Does It Matter Who Is First to File for Divorce in Michigan?

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