Choosing to initiate the divorce process comes with a set of disadvantages of filing for divorce first that can catch many off-guard. According to Gastelum Attorneys, one major concern is the limited preparation time – when you file first, you’re on the clock to gather financial records, assess property, and strategize your case. 

Another key disadvantage involves incomplete or inaccurate financial disclosures. Rushing to file may result in missing assets or undervaluing property, which can weaken your negotiating position or give your spouse leverage. Timing matters, especially when children are involved. Filing first may also influence how temporary custody or support orders are set, potentially placing you in a reactive position later. 

Missing the window to thoughtfully decide on these matters is one of the significant disadvantages of filing for divorce first. Additionally, being the filer often means paying the initial court fees and shouldering early legal costs. 

That financial burden can compound the strategic risks. In short, while filing first can give a perception of control, the disadvantages of filing for divorce first — such as rushed preparation, strategic vulnerability, and increased costs — mean you should tread carefully, plan ahead, and seek legal guidance before making your move.