Either party can file for divorce. There is no specific advantage to be gained by being the party that initiates the original petition. If the other party chooses to file first, it is expected that you file a Counter-Petition for Divorce requesting the distribution of assets and responsibilities that you want. The one benefit of filing first is that doing so puts the process in motion and the other party has a limited time to respond. Failure to respond within the time set with the court could result in a default judgment being granted without your input, and most likely against your interests.