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The clearest advantage to filing for divorce first is that at trial the Petitioner gets to present his/her evidence first. Thus, the Petitioner has the advantage of being able to decide which witnesses to call first at trial and the order in which they will be called.
You Cant Remarry if You Are Legally Separated Another disadvantage of a legal separation is that it doesnt end your marriage. You cant remarry if you are legally separated. Therefore, you and your spouse must remain married on paper, even if you live apart and consider yourselves divorced.
While filing for divorce first does not give you any inherent rights over your spouse, it does allow you more control over the situation from the beginning and could provide some strategic benefits.
Nearly 70 percent of divorces are initiated by the wife. In addition, over 50% of divorced wives never want to remarry while only about 30% of men express that same sentiment. Seeing as most divorces are initiated by women, men can use this statistic to make sure they are being mindful of their wives needs and wants.
The clearest advantage to filing for divorce first is that at trial the Petitioner gets to present his/her evidence first. Thus, the Petitioner has the advantage of being able to decide which witnesses to call first at trial and the order in which they will be called.

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Disadvantages of Filing for Divorce First Financial Responsibility: As the petitioner, you might be responsible for the filing fees and other initial costs associated with the divorce. Reactive Response: Filing first might prompt your spouse to respond with legal action of their own.
Disadvantages of Filing for Divorce First Financial Responsibility: As the petitioner, you might be responsible for the filing fees and other initial costs associated with the divorce. Reactive Response: Filing first might prompt your spouse to respond with legal action of their own.
You Cant Remarry if You Are Legally Separated Another disadvantage of a legal separation is that it doesnt end your marriage. You cant remarry if you are legally separated. Therefore, you and your spouse must remain married on paper, even if you live apart and consider yourselves divorced.

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