Generally, it does not matter which parties files first in divorce court. That being said, it is important which party is most prepared for the divorce process at the time of filing. In most states, the filing of a summons and complaint in divorce court will put in place automatic restraining orders which shall prevent insurance policies from being canceled and property from being transferred. Additionally, the court will often look at the status quo of the parties’ income, lifestyle, and time spent with children at the time of the filing to put temporary orders in place. Therefore, it does not matter which party files the initial divorce papers, but only that you are prepared at the time your spouse files.