Does it matter who files for divorce first?

Benefits of filing for divorce first:

Control – In being first, you will slightly control the case more. You can decide to cancel the divorce, if they haven’t filed response. Because you have until your spouse files an answer to your summons to cancel the divorce. In deciding when to file you don’t need to worry about a reason. South Africa has a no-fault divorce system. This means the reason for the divorce doesn’t matter. All you need to show the court is you both have “irreconcilable differences.”

2. Timing- By filing first you get to choose the timing of the divorce. By law, your spouse has about 20 days to contact a divorce lawyer and prepare a response to your filed papers. If they fail to file the response, you can get a default divorce. Meaning an uncontested divorce

3. Element of surprise -Not everyone sees the divorce coming. Surprise can be unsettling and may give you an advantage.

Common Filing First Questions

Can Both Spouses File for Divorce?
This is a question we often get. No, only one spouse can file first. They are referred to as the plaintiff. The other spouse is the defendant.

If I File for Divorce First, Do I Get Custody?
No. Filing first does not affect custody decisions. The judge looks at the roles of both parents in the child’s life. The Judge then decides based on what is best for the child.