One of the most common questions we hear from clients considering divorce is whether or not they need to be first to file. 

It’s a common misconception that the spouse who files for divorce first automatically gains a legal or strategic advantage in the case. In reality, Louisiana law does not grant any special benefit to the spouse who files first. Whether you are the petitioner (the one who files) or the respondent (the one served), the court applies the same standards in making decisions about property, custody, and support.

Louisiana is a community property state, which means that all assets and debts acquired during the marriage are divided equally between spouses, regardless of who files first. The court does not award a greater share of property to the spouse who initiated the divorce. Instead, judges apply Louisiana’s community property laws to ensure a fair division.

Parents often worry that filing first will give them an edge in a custody dispute. Louisiana courts, however, decide custody based solely on the best interest of the child, considering factors such as stability, the child’s relationship with each parent, and the ability of each parent to meet the child’s needs. Who filed the petition plays no role in that determination.

Spousal support (alimony) and child support are calculated according to Louisiana statutes and guidelines. The spouse who files for divorce first does not automatically receive more support or pay less. The court bases support decisions on financial circumstances and statutory factors, not on who filed the paperwork.

Although there is no built-in legal advantage, filing first may carry some practical benefits in certain situations:

• You may set the pace of the case rather than waiting for your spouse to act.
• You may choose the jurisdiction if spouses live in different parishes.
• You may feel more in control of the process by taking the first step.
• Still, these are matters of strategy and timing—not legal rights.

If you are considering divorce, the most important step is not to rush to the courthouse but instead to consult with an experienced Louisiana family law attorney. A lawyer can help you understand your rights, evaluate your options, and develop the right strategy for your situation.



If you have any questions regarding divorce, custody, support, or need assistance with any other family law matters, please contact Johnston Burkhardt at (504)324-2141 or Johnston@snw.law.