Does it matter who initiates a divorce claim? It can. In some divorce cases, the non-moving spouse (the spouse who does not file for the divorce) may face harsher consequences than the moving spouse.
There are several reasons why the moving spouse may have an advantage over the non-moving spouse:
In some cases, both spouses can come together and make tough divorce-related decisions on their own, without involving the courts. When this is not possible, the next best solution is to hire an attorney to help you negotiate with your spouse or your spouse's attorney.
In nearly all circumstances, hiring an attorney to represent you in a divorce case is a good idea. An experienced family law attorney will work to ensure your side of the story is heard by the courts, and if you and your spouse decide to settle your case, your attorney can ensure that your rights are fully protected.