Drawbacks of Filing for Divorce First in Las Vegas
Deciding to file for divorce is never easy. A common misconception is that filing first provides a legal or strategic advantage. In reality, there are several disadvantages to being the spouse who initiates a divorce in Las Vegas. Nevada’s streamlined family law process emphasizes fairness—not filing order. Below, we examine the key risks and realities of filing first so you can make an informed decision.
If you need guidance now, speak with a Las Vegas divorce lawyer for a free consultation. For custody issues, our Las Vegas child custody lawyer can help with emergency orders and parenting plans.
Financial and Emotional Stress
The spouse who files first bears the initial financial burden. Filing fees in Nevada generally range from $200–$300 depending on the county. If you need to hire a process server to deliver documents, you will pay those costs as well. Attorney fees can rise quickly if your spouse contests the filing.
Emotionally, initiating divorce may bring added guilt, stress, or family tension. Friends, relatives, or children may perceive the filing spouse as the cause of the separation. Managing these emotions while handling procedural obligations can be draining and may affect decision-making.
No Legal Advantage Under Nevada Law
Unlike popular belief, Nevada law provides no substantive benefit to the spouse who files first. Nevada is a community property state, which means marital assets and debts are generally divided equally, regardless of who initiates the divorce.
For example:
- Property division follows state statutes, not filing order.
- Spousal support is based on factors such as length of marriage, income, and needs—not who filed first.
- Child custody decisions prioritize the child’s best interests, including stability and parental involvement, not the petitioner’s status.
Residency rules—not filing order—determine jurisdiction. One spouse must meet Nevada’s six-week residency requirement to file (NRS 125.020).
Increased Risk of Conflict
Filing first may surprise your spouse and create hostility. This can escalate disputes over child support, spousal support, and asset division, turning what could have been a cooperative case into a contested one. Couples who use mediation often reach faster, less adversarial settlements compared to those blindsided by an unexpected petition.
Additionally, the responding spouse benefits from reviewing the petition before answering. This allows them time to consult multiple attorneys, prepare documentation, and craft a strong counter-strategy—while you, as the filer, are racing deadlines.
Limited Preparation Time
Proper preparation is crucial in divorce. Filing first may pressure you to act before gathering full financial records. Without a clear picture of assets, debts, or long-term expenses, you risk unfavorable outcomes in property division or support negotiations.
Examples include:
- Agreeing to an unfair split of retirement accounts or real estate.
- Underestimating future needs in child support or alimony requests.
By filing prematurely, you give your spouse time to prepare while potentially undermining your own readiness.
Conclusion
Although it may seem proactive, filing for divorce first in Las Vegas often carries more drawbacks than benefits. You may face higher costs, greater stress, increased conflict, and weaker preparation. Nevada’s family courts focus on fairness, not filing order. Before acting, consult with an experienced Las Vegas divorce lawyer to evaluate your best path forward. Careful planning and legal guidance can help you avoid unnecessary risks and achieve a smoother resolution.
Helpful External Resources
- Nevada Judiciary – Divorce Self-Help – Official forms and filing information.
- State Bar of Nevada – Find a Lawyer – Verify attorney credentials and disciplinary history.
- Nolo – Pros and Cons of Filing for Divorce First – General guidance on advantages and disadvantages.
