Should I File for Divorce First? Does it Matter?
Planning for a divorce is not the easiest thing in the world. It can lead to high levels of stress, emotional issues, depression, and sometimes bankruptcy. You can save yourself a lot of time, money, and frustration by being the person who files for divorce first. Many people ask if this is important, and if it even matters. The bottom line is yes; it absolutely matters.
Pace of the Proceedings
The person who files for divorce typically has the ability to control how quickly the process moves. This means that the divorce can proceed at a quicker pace for you when filing first rather than being served with divorce papers.
Prevent the Hiding of Assets
Another advantage of filing first for divorce is the fact that you will be able to prevent your spouse from hiding assets. In some states, an Automatic Temporary Restraining Order will be issued in an effort to prevent assets from being hidden.
Location of the Proceedings
When you file for divorce first, you can choose where the proceedings will occur. This means you will get to choose the courthouse for your case. This is an incredible benefit if you live in one state and your spouse lives in another state. By filing first, you can force your spouse to travel for the proceedings, and he or she will then be responsible to pay for litigation and travel expenses.
Filing Party is Case in Chief
A case in chief is the person who gets to present the facts of case before the other party because he or she filed first. This is a huge advantage because it allows the plaintiff the opportunity to influence the judge first.
Acquire Documents First
When you come to the realization that it is time to file for divorce, you will be able to acquire all of the necessary documents before your spouse can do so, or before he or she can hide them from you. This gives you an advantage in the case that must not be undervalued.
Access to Funds
Some spouses will prevent access to money when filing for divorce, which is another reason why you need to file first. When you know that divorce is in your future, begin setting aside money for the attorney’s fees and other costs included in the divorce. You will also have an opportunity to build credit in your own name if you have not done so already.
Consideration for Children
If children are present in your marriage, knowing you will file for divorce in the near future can help them survive what is sure to be an overwhelming situation. Making sure your children will be cared for and loved during a divorce is important. Sending them to counseling prior to the paperwork being filed can help them immensely.
Prevent Spousal Misconduct
An added benefit to filing for divorce first is that you will be able to prevent spousal misconduct. You will be able to do your research, acquire important documents, and have access to money when it is needed most.
Contact the Sarieh Law Offices
As you come to the realization that divorce is the only solution, it is time to speak with an experienced divorce attorney who can answer all of your questions and help guide you in the right direction. The attorneys at the Sarieh Law Offices stand ready to help you through this complex process. Contact us today by calling 714-542-6200, or you can complete our online contact form and we will be in touch with you within 24 hours.