For the most part, it doesn’t matter who files a Texas divorce case – you or your spouse. You both have the right to assert your rights and defenses. These rights and defenses include contesting the grounds for divorce, the division of the property, spousal support, child custody, and child support.
The benefits of filing first are mostly psychological and procedural. Each case is different. An experienced Texas family lawyer will explain the pros and cons of being the person who files the divorce case.
The psychological benefits of filing first