Any difference who file a divorce first, will it affects child custody?

Question

Every now and then, my wife is using our two kids as hostage for me to give in to her nonsenses and unreasonable behaviours. She keeps pushing me to my limits and ask me to file a divorce. But she just reluctant to do it and even discuss over it. Can I know who file first make any differences?

Answer 1

If it is an issue continually being brought up...don't let it matter. Sounds like you guys need a divorce. Call her bluff one day...go file for a divorce and then the next time that she says "if you don't like it go get a divorce" go pull the papers out and say..."ok here you go!"

Custody will go to her if she is stable to take care of the kids....but you will have right to at the least...every wed and then every other weekend. You can fight for more even full custody. But who files divorce doesn't determine that. what is best for the kids in the long run does...and you continually getting threaten by your wife is not good for your kids....and not for you....

Like I said call her bluff

Answer 2

No that doesn't matter. It will be whether it is contested or not which just means if you are both willing to sign papers or if one doesn't want the divorce. My friend just got divorced and her husband refused to sign the papers and finally the judge got tired of him and gave him 45 days to sign or he would sign off. Things will also depend on the state your in and if ya'll are going to have a custody battle, but not who files first. I would seek legal counseling and they will tell you how things work in your state.

Answer 3

no it doesn't matter

Answer 4

It does not make a difference who ever files first. The most important part is what the outcome that the judge will have on the final judgement,. So no matter what she says or any remarks that she makes its up to the judge.  

Answer 5

The filer is the plaintiff....your wife will have to defend herself in the lawsuit.

Typically, you'll ask for everything and she'll fight back for what she wants...and then you settle.

Answer 6

No, it does not matter who files first.  She probably doesn't want to pay the fees, or she wants everyone to view her as the victim.  I would get an attorney if I were you.