The Bottom Line On Filing For Divorce First
As you decide whether you want to be the one to file for divorce, you should consider some things that could play into your favor. This includes having some control over the timing of the proceedings as well as being able to prepare yourself financially and emotionally.
However, those who file first can face more fees and need to realize that theyre showing their cards to their spouse. Your spouse will automatically know your intentions and have time to prepare a defense.
In the end, you need to decide which position is in your best interest. If youre considering filing for divorce first, you should contact an experienced family law attorney or legal team who can represent you and make your best interests a priority.
Reach out to the law offices of the Jimenez Law Firm for an initial consultation or if you have any questions about prenuptial agreements, postnuptial agreements, divorce mediation, or in regard to property division or filing for divorce. Were here to help with your child custody, child support, or divorce case.
You Can Manage The Process
Filing first allows you to coordinate the timing of the divorce. Filing sets the process in motion and a calendar of dates is then determined. Perhaps it is better for your schedule to manage hearings and filings during the school year when kids have specific responsibilities. Or, maybe you have a job with a very specific busy season and you would like to avoid that time of the year because your schedule is simply overwhelmed.
Help Prevent Assets From Being Hid
Before a divorce is filed there are no orders saying what you or your spouse can do. When you file first this may also prevent your spouse from hiding assets. This is because when you file first you can ask for a Temporary Restraining Order an order that prohibits this type of behavior.
The TRO is binding on your spouse and may help prevent against this type of underhanded behavior.
Recommended Reading: Is Alimony Taxable In Florida
You Will Choose The Forum
Your divorce has to be filed somewhere. Depending on the specific nature of your relationship, the location could matter to you. If you and your spouse still both live in the same place, then this will not be an issue. For example, if you both live in Austin, then the divorce can be filed in Travis County. No problem. However, if one spouse has moved away to a different part of Texas or out of the state entirely there can be some advantages to filing first. The first person to take action can file the divorce in their preferred county.
But Once And For All Is It Better To File First In Divorce Or Custody Cases
It really doesnt matter. This isnt a criminal case, where the state is bringing charges against you. Even if youre a defendant, that doesnt mean that youve done something wrong. There is no presumption in favor of whichever party filed first.
There is absolutely, positively not a legal advantage to filing first. The judge is not going to weigh you having only responded to his initial filing against you.
Are there reasons why you might want to consider filing first? Sure. But whether you decide to go ahead and file or whether you decide to wait until he decides to move things forward, its probably a better idea to think first about the actual facts of your case, rather than any particular advantage of disadvantage youre imagining might come just because youve filed first.
Don’t Miss: How Much Is Alimony In Texas
Present Your Case First
Of course, you would like to settle your divorce amicably, through the negotiation process. Quite simply, it is easier for everyone involved. But divorce is emotional, and the circumstances of each case are unique. In many instances, agreement on all issues isnt possible and your divorce will go to trial. At this point, a judge would oversee the proceedings and make all legal determinations.
Should I File For Divorce First Or Wait And Let My Spouse Do It
Welcome back. In our previous article we introduced the subject of whether its better to file for divorce first, or let your spouse file before you. Many people believe they should get a jump on their spouses by filing first, and last time we discussed some of the reasons why people believe that. In this next section were going to spend a few minutes discussing the pros and cons of filing first, and waiting to file. Lets get started
Don’t Miss: Can You Get Alimony After 5 Years Of Marriage
The Spouse Who Files First Can Allege Fault
If youre filing for a Wisconsin, Oregon, Washington, Nevada, Nebraska, Montana, Missouri, Minnesota, Kentucky, Kansas, Iowa, Indiana, Hawaii, Florida, Colorado, California, or Michigan divorce, then skip down to #5, because this doesnt apply to you. However, if you live in one of the other 33 states, then this might be the biggest advantage of all.
In all but 17 states, if your spouse has done something wrong, then it might have a significant positive impact on the outcome of your divorce. Thats because the other 33 states provide a list of recognized fault grounds for divorce including things like adultery, abandonment, cruelty, or even impotence. The lists vary from state to state, so youll want to look into what the options are where you live.
In your complaint for divorce, youll have the opportunity to select from your states list of fault grounds or indicate that your divorce is due to irreconcilable differences which are neither partys fault. If you do opt to allege fault, then youll have to prove it in court just like you would in any other civil case, which does unfortunately make for much more complicated divorce proceedings. If you prove it successfully, however, then youre likely to get the better end of the divorce deal.
Filing For Divorce First Lets You Choose Where The Divorce Proceedings Will Be Held
If you and your spouse are already living far apart from each other, filing for divorce first can allow you to choose the venue of the trial. This means you can be close to the trial and in a convenient location for your legal team.
More importantly, laws vary a great amount from state to state regarding issues such as division of marital assets and child custody. You want to give yourself the opportunity to file in a jurisdiction that is most beneficial to you. If you know your states practices regarding these issues, then filing in your jurisdiction is a key advantage of initiating the divorce.
Read Also: Divorce Lawyer Las Cruces Nm
Is It Better To File For Divorce First
When marriages begin to fall apart, most spouses know that something is wrong. However, many spouses are hesitant to be the first one to file for divorce. Some are unsure about whether divorce is really the solution, others may wonder if they are being hasty and still others may just not know how to proceed. While peoples hesitation to file divorce is understandable, people considering divorce should be aware of the potential benefits that accompany being the first spouse to file for divorce.
Filing First For Divorce And The Impact On Jurisdiction
In a case where at least one spouse has a potential residency in another state or country, filing first may mean a greater chance of keeping your selection of one place over another. This can have practical advantages and strategic advantages (one states laws may be more favorable to your goals. Even when there are not two states or countries with competing jurisdictions, multiple residences may mean more than one Connecticut court that can take the case. While the law is the same throughout Connecticut, custom and practice do vary from court to court. Freed Marcroft practices divorce and family law throughout Connecticut, and is familiar with the nuances of different courts and judges. Once we know your goals from the Goals & Planning Conference, we will give you the lay of the land at the Strategy Session as we build your legal strategy around your goals.
Read Also: Questions To Ask Before Divorce
Choosing Which County To File In
In most divorce cases there is not an option on where to file a divorce. However, in some situations, there may be a choice. A divorce may be filed in the county where either spouse is a resident as long as residence requirements have been met. If the spouses live in different countys there may be a choice on where to file.
In such as case the spouses may want to rush to file for divorce first in order to ensure the courthouse in which the divorce is filed will be geographically convenient to them. I have had cases in which my clients were saved considerable time and money by filing first.
This was because their ex was either having to drive 4 hours every time there was a court hearing or flying from out of state.
The Disadvantages Of Filing For Divorce First
The primary disadvantage of filing first for divorce is that you notify your spouse the conditions of your divorce settlement. This allows the other party to gather their own defense and compile their own demands. However, with a qualified divorce attorney, you can help see to it that the court rules in your favor.
At Family Law Advocacy Group, we have a board certified family law specialist who has extensive experience helping individuals obtain the divorce they desire. If you have decided to dissolve your marriage, contact our Rancho Cucamonga divorce attorney today.
Categories:
Read Also: Is Florida An Alimony State
Which Spouse Should File For Divorce
For anyone who is thinking about ending their marriage, the NJ divorce process can feel daunting. Every divorce is different, and one of the biggest questions people have is whether it makes a difference as to who files for divorce first.
There are a few advantages for the person who decides to file first. If you have not discussed the possibility of divorce with your spouse, then you will probably be able to speak to your choice of local attorneys in the area about the process. Chances are, your spouse has not consulted with anyone. If they have, then that attorney would not be able to speak with you about your case, thanks to conflict of interest rules that lawyers must abide by. However, you should not set up consultations with attorneys for the mere purpose of making them inaccessible to your spouse.
This same principle applies to various experts that might be involved, particularly in high-value divorce cases or heavily contested custody matters. You might need experts like financial planners, forensic accountants or psychologists. You will get first pick’ if you decide to file first. In comparison, if you are served with divorce papers instead of filing first, you will only have 35 days to find a good lawyer, pay them, and respond to the suit.
What’s the Practice’s Divorce Experience?What’s the Plan?Who Else Will Work on the Case?What are the Billing Arrangements?How Will Costs be Kept Down?What are the Contact Procedures?The Focus of a Lawyer’s Practice
You Might Just Feel A Little Better
There is a whirring loss of control when a divorce turns your life inside out. Or maybe you havent felt in control of your life in years. Taking control of the situation can give you that small confidence boost you need to get yourself back. Filing for divorce first means you are taking charge of your life and your future.
Recommended Reading: Alimony In California After 10 Years
Financial Benefits Of Filing For Divorce First
Being the first spouse to file divorce means that a person can begin the proceedings at a time when he or she is financially prepared to do so. A person would have had time to collect copies of all important legal documents, such as deeds, bank and investment account statements, wills, life insurance policies, social security cards, titles to property. They will need these papers as part of the property division process, and it may be more difficult to obtain copies after the divorce starts. Also, a person can assess the family finances and determine the extent of their assets and debts, so they will have an accurate idea of what will be divided in the property division.
People filing for divorce first also have the advantage of doing so after they have ensured that they have access to money and credit to meet their needs during the divorce process.
Gather Proof Of Income
Before filing for divorce, you’ll need documentation showing you and your spouse’s income. If you and your spouse are salaried employees, you will need a copy of your most recent pay stubs and your most recent income tax return.
Determining income is a bit more difficult if you or your spouse are self-employed. In such a case, copies of bank account statements and financial business statements will give a clear picture of income. It’s a good idea to make copies of these statements before filing for divorce. Even if you’re only able to get an estimate of what your spouse’s true income is, gather as much information as you can and your attorney can help get the rest.
Read Also: How Is Alimony Calculated In Utah
Iii Why Is It Advantageous To Be The Party Who First Moves For Temporary Orders
The moving party gets the first and last word with written submissions. Similarly, the moving party gets to orally argue first and last at the hearing on temporary orders. These positional advantages make it easier for the petitioner to persuade the jurist to side with him or her on temporary relief. The temporary relief, in turn, tends to affect the rest of the divorce proceeding.
Let us unpack that. The process of obtaining temporary orders usually takes about two weeks. First the moving party files a written request for temporary orders along with declarations and documents explaining why the court should side with him or her. This is the first chance to persuade the court. The opposing party follows with written responsive materials. The moving party then provides the court with a reply, rebutting the responsive materials. The reply is the last document. Hence the moving party has the first and last word in writing.
Similarly, the jurist invites the moving party to speak first at the hearing, followed by an oral response from the other party, and then a brief oral rebuttal from the movant. Finally, the jurist makes a decision on temporary orders. Again, the moving party receives the first and last word on oral argument, giving him or her an advantage in persuading the court.
Understand How Your Actions Can Impact Divorce
Once you break the news to your soon-to-be-ex, you need to be more careful about your actions and the things you say. They can be used against you in a court of law.
In a divorce, what to do first and what to avoid are crucial questions.
An experienced lawyer will not only help you solve questions like how to start the divorce process but also advise on what actions to avoid during the divorce process.
For example, dating during divorce is not advisable. Your ex could argue the relationship started before you filed for divorce and use this new relationship as grounds in custody or financial agreements.
Recommended Reading: Where Do I File For Divorce In Houston Texas
Does It Matter Who Files First For Divorce In Connecticut
First, lets dispell a common myth. Many people think that a court reads some significance into who files for divorce. Its important to know that they do not.
In Connecticut divorces, you still must have Plaintiff and a Defendant, (the spouse of the person who files first. But there is no implication to the court that the Plaintiff or Defendant is at fault for the marriage ending. The Plaintiff isnt the one who left and the Defendant isnt the one who behaved badly.
In fact, the vast majority of divorces in Connecticut are No Fault, which means neither spouse has to prove that the other caused the breakdown of the marriage in order for the court to order a divorce. Instead, either spouses testimony that the marriage has irretrievably broken down is sufficient for the court to order the divorce.
Now, onto some of the things to be prepared to discuss with your legal team at your Strategy Session as you make your plan for whether to be the one to initiate the divorce formally, and, if so, when.
Read:What Should I Expect at My Initial Divorce Consultation?
Reasons To File First In California
Filing first might not affect property division or court decisions, but it could play a factor in other aspects of your life. If you or your spouse currently live in different jurisdictions , the petitioner has an advantage in that the other party will have to travel to his/her jurisdiction for court proceedings. The person who files first gets to pick where the divorce process will take place. The petitioner will also get to retain a divorce attorney nearby, while the respondent will need to hire one in the jurisdiction where the petitioner filed.
If you need temporary court orders during your divorce proceeding, you will want to file first. Being the petitioner can come with temporary child and spousal support orders, as well as rulings such as restraining orders in situations involving domestic violence. If your spouse poses any risk of stealing your assets, hiding assets, or taking off, you may also want to file first. While these instances are rare, they do happen. Filing right away can help you protect assets and prevent them from disappearing. Upon filing, temporary orders automatically go into effect that stop either party from encumbering assets.
Read Also: Who Has To Pay Alimony