Considering Divorce? It may be best to file first

May 03, 2013

Filing for a divorce is a momentous decision that is not to be taken lightly. Certainly married couples with struggling relationships should not always race each other to court in order to file first for divorce. However, for a married person who realizes that divorce is in his or her best interest there may be some advantages to initiating the divorce process.

Preparation is beneficial

A large part of any divorce case rests on the income and needs of the divorcing couple. A big advantage to filing first, therefore, is the ability to prepare documentation while all of the information necessary is readily available. Previous tax returns, bank statements, retirement account information and insurance information may be easier to collect while still married. Gathering the information on the debts each party to the divorce owes is also vital. Having all relevant financial information before the divorce begins also makes it harder for the other spouse to hide income and assets.

Going through a divorce can sometimes take more than one expert. In addition to a skilled divorce lawyer, it may be beneficial to hire a therapist, financial counselor or vocational expert. This may require time and financial savings, so preparing in advance of the filing in order to ensure proper representation and expert help can pay major dividends after the divorce is final.

Legal considerations

Each party in the divorce will be allowed to present a case to the judge. Generally, the person who files for divorce first will present his or her case first. This may or may not be advantageous depending upon the circumstances of the divorce. If one spouse feels wronged, for example if the other spouse had an affair, it can be beneficial to present the case to the judge first. However, it can occasionally be beneficial to adjust what is presented to the judge according to what the other party to the divorce presents, which is why it is important to have an experienced divorce lawyer who understands the divorce process, the judge and jurisdictions involved. Importantly, the person who first files divorce may be able to pick the jurisdiction in which the divorce case is heard.

Emotions may play a factor

While it is usually best to consider the legal aspects of divorce from as objective a view as possible, there can be emotional factors that make filing first beneficial. By instigating the divorce, a person can show that he or she is ready from an emotional and financial perspective to move on with life and ensure a feeling of control over the process.

People considering divorce should consult with an experienced divorce lawyer to discuss their legal options and other considerations moving forward.

Article provided by Law Offices of David P. Schwarz
Visit us at www.davidschwarzlaw.com/