Should You File for Divorce First?

If you and your partner are considering divorce, you might wonder if you need to rush the process. After all, you might wonder if there are consequences to not being the first to file. Unfortunately, it is impossible to say whether you will see an advantage to filing first without knowing your specific situation.

Read this guide and then speak with your attorney to determine if you need to file for divorce first.

If you want to take your time finding the perfect attorney for your situation, you may want to file first. If you do not file first, you may be forced to scramble for an attorney that you may not have time to vet properly.

If you need more time to prepare for the financial impact of divorce, you may want to file first. You may have more financial security if you have time to consult with an attorney before you file. You can also have mental preparation for the costs associated with splitting up your home. After all, you may find yourself moving out of the home right before or after filing, and you need to know how to proceed.

You may find that one court is more beneficial to file in over another. You must file for divorce in either the county you live in or the county your spouse lives in. If you want to ensure that the venue is your local courthouse, you may want to file first - especially if it would mean additional travel expenses to get to court.

If you have reason to be concerned that you may lose access to shared financial assets when your spouse files for divorce, you can freeze your accounts. You can also speak with your attorney about how to protect yourself financially (without getting into trouble) when you file. This is much more beneficial than discovering your spouse has cleared your bank account, seemingly at random.

When you are the petitioner in your divorce case, you are handed the first argument when your case goes to trial. You are essentially playing offense rather than defense in this position. In doing so, you may have the first option of writing up a settlement plan with your attorney.

If you intend to file for divorce with an at-fault situation, you may find it is advantageous to be the first to file. Otherwise, you are the challenger and will have to submit documentation in a timely manner to avoid missing the chance to make your own claims. When you file first, you may have a better chance to represent yourself accurately.

Hire an attorney to provide you with clarity and support. If you need help getting through this time, it is essential that you call an attorney to discuss your options. Ultimately, it may not matter at all who filed first in your case. Every divorce is different.

In an ideal situation, you and your spouse work together to resolve the divorce process and arrive at conclusions that benefit both of you.

Unfortunately, this does not always happen. Somebody is going to file first, and you may find that it is better for your family if that person is you.
Mary E. Papcke, Attorney at Law, may be able to help you through your divorce. Call our office today to set up a consultation with an attorney who can look at your case individually.