Marriages end for all sorts of reasons, some financial, others behavior-based, and still others because of incompatible personalities. While divorce can provide a doorway to happier life, it is understandable that you may not want to put yourself at a disadvantage during the process itself. Whether the problem is genuine or just perceived does not really matter; if you feel a certain way, the impact on you is real enough. Many who are considering divorce often wonder if filing first makes any difference in the proceedings compared to waiting for their spouse to file. The answer to that question is fairly complex and depends on your specific circumstances.
No Legal Advantages
When you consider other areas of the law, such as criminal defense or personal injury, it is usually up to the filing party—the prosecutor or injured person—to prove his or her allegations. Of course, the burden of proof differs by the area of law, and may be shifted to the other party as the case proceeds, but, in general, the party who files has more responsibility and control over the suit. Divorce is unique in that there are no presumed roles or advantages for either party regardless of who files the petition for dissolution. You will each have the opportunity to make requests, file motions, prove your claims, dispute those of the other party, and otherwise be heard as equals throughout the proceedings.
...