Being First to File for Divorce Gives You Advantage in Preparation

 Posted on October 18,2018 in Divorce

Who files your petition for divorce may be a formality, but taking the initiative in the divorce process can give you an advantage in some cases. The advantage will not change the requirements for a fair and equitable divorce. Instead, the spouse who files first may be more prepared and feel in greater control of the process. These advantages can help you in negotiating a favorable divorce settlement.

Preparation

Filing for divorce immediately affects your access to your marital assets and forces you to have legal representation in time for the first hearing. By being the one to file, you can:

• Hire your divorce attorney in advance;
• Collect the documents you will need for the negotiations;
• Determine how you will financially support yourself during the divorce; and
• Put aside money for personal and legal expenses.

By the time that you file your divorce paperwork, you will already have a plan for surviving the immediate aftermath and handling the next stage in your case.

Defensive Measure

Filing for divorce before your spouse also protects you against the disadvantages of being the one who is caught off-guard by the divorce. Being surprised by divorce makes your reactive instead of proactive:

• You must quickly find your own divorce attorney and decide how you will respond to the divorce;
• A court may freeze your marital bank accounts, allowing you to remove money for only necessary expenses;
• Your spouse may have used his or her head start to hide assets to gain an unfair advantage in the division of property; and
• You must prepare for your divorce while you are still coping with the emotional shock.

Location

You normally file your divorce paperwork in the county where you and your spouse primarily live. However, you may have a choice of where to file for divorce if you evenly split your time between residences or you are living separately from your spouse. The court you choose for your divorce can make a difference in your case if:

• The court is in a state with divorce laws that favor you;
• A county court has a reputation for how it decides divorce cases; or
• Your spouse will need to travel a long distance to attend hearings.

Your spouse can petition to transfer your case to another court. By choosing the location, you are forcing your spouse to prove why his or her preferred court has a superior claim to jurisdiction over your case.

Sense of Control

Filing for divorce before your spouse gives you a psychological advantage by feeling you are in control of the decision. A Kane County divorce attorney at Goostree Law Group can help you prepare for your divorce and file your paperwork. To schedule a free consultation, call 630-584-4800.

Source:

https://www.forbes.com/sites/jefflanders/2013/03/26/what-are-the-financial-and-legal-advantages-of-being-first-to-file-for-divorce/#392c67c043ac