Will It Matter Who Files for Divorce First in Maryland?

In Maryland, filing for divorce first typically does not play a substantial role in the court’s final decisions regarding property division, alimony, child support, and other pertinent matters. However, being the first to file may offer a strategic advantage, particularly in cases where conflicts are anticipated. In the guide below, we will review this issue in more detail and help you better understand whether filing for divorce in Maryland matters.

When There Is Minimal Conflict

If you and your partner have similar objectives, there is no rush to expedite the formal divorce process. In a divorce where the parties aim to amicably negotiate the division of assets and custody, the focus should be on the negotiation process rather than the timing of filing. This is because, regardless of whether it is a contested or an uncontested divorce, Maryland does not give preference to the party that files first.

When Cases Involve Conflict

In contentious situations, the timing of legal filings may have a significant impact.  The party who submits their legal documents first gains the advantage of presenting their case and evidence ahead of the opposing party. 

When a spouse initiates a divorce or contests child custody, the other party has a 30-day window to respond. The responding party must then contest the claims, offer an alternative perspective, and may find themselves in a disadvantaged position in a hostile setting. As a result, being the first to file may be able to provide the initiating party an edge by helping to set the groundwork for the divorce or custody dispute. 

What Other Benefits Are There To Filing First in Maryland?

Whether you anticipate conflict or have concerns about the future, there may be other advantages for those who decide to file for divorce first:

• Setting a Precedent: Filing your claim or case before anyone else can set a precedent for determining jurisdiction.
• Gets You Prepared: Filing first in a legal case can provide an advantage as it allows the filing party to be better prepared. This can be due to taking the other party by surprise or by initiating a process that both parties knew was inevitable.
• Controlling Timelines: By initiating the divorce proceedings first, you take charge of the timeline. The 30-day countdown begins upon your filing. This can prove advantageous in both uncontested and contested divorces. For example, filing first can help expedite the process if your spouse is dragging their feet. Similarly, in a contested divorce, filing first can prompt your spouse to become more open to engaging in negotiations.
• Try To Stop Certain Actions: If you suspect that your spouse is planning to recklessly spend or conceal marital assets, initiating the divorce proceedings first allows you to take proactive measures to safeguard these assets. This can also be advantageous if you have concerns that your spouse may be considering relocating to a different jurisdiction to avoid legal obligations.
• Starting the Clock on Child Support and Alimony Arrears: If child support and/or alimony is at issue, the payment of child support and/or alimony will likely be paid retroactively from the date of filing.  This means that, even if your court date is several months after the date of filing, you can get child support and/or alimony arrears from the date that you filed. 

To better understand the advantages of filing for divorce first in Maryland or what it could entail if your spouse files first, contact an experienced Maryland family law attorney. These legal professionals can help you understand the legal process involved and review the legal options you have.

Contact Rice Law Today To Learn More About the Divorce Process in Maryland.

Rice Law is widely acknowledged as the Leading Family Law Attorney in Maryland. Our experienced and dedicated legal team boasts a remarkable 50 years of combined experience, and we specialize in advocating for individuals navigating through some of life’s most challenging circumstances. Whether it is divorce, child custody, spousal support, or any family law matter, we are fully prepared to provide the support and guidance you need.

If you are considering divorce, contact Rice Law today to learn more about the divorce process and how our legal team can help you through this challenging time.