Divorce is a difficult decision to make that can often have serious impacts on your personal life. Things can also be more complicated for you if you’re not the one to file for divorce.. Therefore, deciding to file first or not should be given careful consideration. Here are some advantages and disadvantages to filing for divorce first.
Advantages of Filing for Divorce First
One of the most significant benefits of filing first is the ability to have some influence over when the divorce proceedings begin. You can “start the clock” at any time by being the one to file first. You may even have a better notion of when hearings and discovery obligations will be needed.
You can get a head start on finding and copying paperwork you will need, such as mortgage statements, bank and retirement account statements, household bills, and titles of ownership by planning for divorce early. As you complete these preparations, double-check that you have all of the necessary paperwork and make sure it is all organized and stored safely. If applicable, utilize a computer and storage device that only you can access if you have electronic records or plan to scan hard copy records.
The person who files for divorce first may have several options when it comes to which county and state they want to file in. Filing in a specific county may be advantageous depending on the judges there. Filing in a particular state has its advantages and disadvantages as well. For example, divorce laws can vary and can be more or less strict than another state you may be considering.
Filing first also entitles your divorce lawyer to some trial benefits. The individual who files first will have the opportunity to speak to the court first and last. Your attorney may favor this if litigation is expected.
Waiting for a reluctant spouse to file for divorce can be stressful and lead to mental and physical health problems. Therefore, taking the initiative and filing first may help relieve some of the mental stress that you are going through.
In the original divorce filing, the spouse who filed first dictates the factual grounds for the divorce. Depending on the situation, this may not be an accurate portrayal of the scenario, and it may have an impact on your judge’s decision.
Disadvantages of Filing for Divorce First
If you and your spouse are considering reconciliation, you do not want to put a stop to it by filing for divorce first. When a lawsuit is filed, it invites attorneys and others to participate in the decision-making process. Additionally, the one who files the divorce petition first may be responsible for the filing fees.
Contact A Yates & Wheland Divorce Lawyer
Between protecting your financial assets, filing in a specific county or state, your mental health, and other considerations, deciding when to file is a tough choice to make. An experienced divorce lawyer from Yates & Wheland can discuss the best option for you and your family. If you are seeking to file for divorce, our attorneys can help you navigate this process. Visit our offices or contact us today.
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