Should I File for Divorce First in Texas? What You Need to Know
One of the most common questions people ask before divorcing is:
“Is it better to file first?”
While Texas does not give an automatic legal advantage to the spouse who files first, there are several strategic benefits — and situations where filing first is highly recommended.
Here’s what you should know.
⭐ 1. Filing First Gives You Control of the Timeline
When you file first, you start the process, not your spouse.
That means:
- You choose the date the case begins
- You control when the petition is served
- You choose the venue (if legally allowed)
- You set the pace
This can matter in cases involving safety, finances, or custody concerns.
⭐ 2. Filing First Lets You Ask for Temporary Orders Immediately
Temporary orders can decide:
- Who stays in the home
- Who pays which bills
- Temporary child custody
- Child support amounts
- Temporary spousal support
- Access to bank accounts
- Restrictions on harassment
If you need stability now, filing first is beneficial.
Internal link: → Temporary Orders page
⭐ 3. You Present Your Case First in Court
If the case goes to trial:
- The spouse who filed first presents evidence first.
- The responding spouse must react, not lead.
This can provide a tactical advantage.
⭐ 4. Filing First Lets You Request Protective Measures
If there are issues involving:
- Family violence
- Threats
- Asset dissipation (hiding/spending money)
- Interference with the child
Filing first allows your attorney to request:
- Protective orders
- TROs (temporary restraining orders)
- Emergency custody orders
Internal link: → Protective Orders page
⭐ 5. Filing First Allows You to Freeze Assets
Courts can prevent the other spouse from:
- Withdrawing large sums
- Hiding assets
- Closing accounts
- Moving money
- Changing insurance beneficiaries
This matters in medium- or high-asset divorces.
⭐ 6. When Filing First Does NOT Matter
In an uncontested divorce, it usually doesn’t matter who files.
Both spouses agree on:
- Property
- Custody
- Visitation
- Support
- Divorce terms
Internal link: → Uncontested Divorce page
⭐ 7. When You SHOULD File First
You should consider filing first if:
- Your spouse may hide money or assets
- You fear your spouse may take the children
- There is emotional or physical abuse
- You want temporary orders quickly
- You need financial protection
- You want to set the tone of the case
- Mediation attempts have failed
