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[quote=lookout123]hey all you legal experts - i need some info pretty quickly... does it matter who serves who with divorce papers? /QUOTE]
No legal advice here, but I do have a little "been there" advice. My husband would have anyway...many times he has said he wishes he would have filed first. Keeping the home and full custody of the girls are the main reasons he has for that..and getting at least some of his stuff!
He held back for the exact same reasons you are, he wasn't giving up,and didn't want a divorce, but in hindsight, he wished he'd filed first. He still kicks himself for not filing first, even though he got the girls, (after a terrible 1 1/2 year custody battle).
If there's any doubt at all, I'd say - go file first.
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