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Does It Matter Which Spouse Files First For A Divorce? - New York Law

Roberta Feldman talks to us about filing for divorce

I’m Roberta Feldman, an attorney with Gray and Feldman. We are located in Penfield New York directly across from Panarama Plaza. 

I am often asked does it matter which spouse files first for a divorce?  And the answer is very simply No. We have no-fault divorce in New York and if your spouse serves you first, you have the opportunity to file a counter-claim and in that counter-claim, you ask for the relief that you are seeking and with the help of your attorney, I would advise you to always file that counter-claim. It provides protection in the event that for some reason your spouse decides to withdraw the action, you can still go forward if that is what you want. 

So that is a simple answer but if there are other questions that you may have, feel free to call the office at 585-218-8620 or visit our website at

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