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The benefits of filing first for divorce

| Aug 4, 2020 | Divorce |

Many couples who file for the JOY of divorce are aware that something is wrong with the relationship but hesitate to take that first step of filing papers. While the judge will likely not take into account who filed first when they review the case’s details, there are still certain legal and financial advantages to being the decisive spouse who serves the papers.

The financial advantages

The proactive spouse starts with the advantage of starting the process on their terms. Rather than responding to a filing and playing catch-up, the spouse’s advantages include:

  • It enables you to interview attorneys, discuss strategy and come up with a plan without rushing.
  • It enables you to get your financial records in order ahead of time with an attorney’s help, and perhaps a financial analyst if the divorce is financially complicated or the spouse controlling the money is secretive.
  • It enables you to make other personal financial arrangements, such as a credit card and bank account only in your name, so there can be some financial flexibility.
  • Reduces the other spouse’s temptation to hide assets.

The legal benefits

Divorces are typically handled in whichever jurisdiction the papers are filed. Clients will discuss this topic with your attorney, but the reasoning can be as simple as choosing a jurisdiction close to work or home. The petitioner also goes first in court, enabling them to set the tone that the other side responds to.

Getting the help you deserve

Filing for divorce is one of the most significant decisions a person makes in life. Therefore, you must get it right. Not only can these legal professionals protect a client’s financial interests, but an experienced Board-certified Family Law specialist expert attorney can also help ensure that the client gets the everything they deserve as a parent and as an individual.

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