is there a benefit to filing for divorce first

Is it better to file for divorce first?

In especially fraught relationships, when you know your ex will retaliate, it might be beneficial to file first, thus catching them off guard. There are, of course, other pros for submitting a divorce petition first. Have a Say in Divorce Proceedings – The spouse who files first may have the chance to decide when court dates are established.

What are the benefits of filing for divorce?

By initiating the divorce, you can acquire separate property and assets sooner. Immediate Relief – If you are involved in an unstable relationship, where your spouse has moved out and is not helping with the bills or refuses to let you see the children, filing for divorce can offer quicker relief.

What are the disadvantages of filing for divorce first?

However, some disadvantages of filing first revolve around money and strategy. You Alert Your Spouse to Your Demands – When you petition for a divorce, you usually have to list your desires or demands. The other party sees this at the time they are served. This allows them to know exactly what you want and come up with a counterattack.

When should you file for divorce?

Immediate Relief – If you are involved in an unstable relationship, where your spouse has moved out and is not helping with the bills or refuses to let you see the children, filing for divorce can offer quicker relief.

Is it better to divorce first?

The clearest advantage to filing for divorce first is that at trial the Petitioner gets to present his/her evidence first. Thus, the Petitioner has the advantage of being able to decide which witnesses to call first at trial and the order in which they will be called.

What should you not do during separation?

5 Mistakes To Avoid During Your SeparationKeep it private. The second you announce you're getting a divorce, everyone will have an opinion. ... Don't leave the house. ... Don't pay more than your share. ... Don't jump into a rebound relationship. ... Don't put off the inevitable.

What is the first thing to do when considering a divorce?

Top 10 Things to Do Before You File For a DivorceNever Threaten to Divorce Until You Are Ready To File. ... Organize Your Documents. ... Focus on Your Children. ... Make Sure You Have Three Months of Financial Resources. ... Obtain the Best Legal Advice You Can Get. ... Make Sure You Have Available Credit.More items...

Why moving out is the biggest mistake in a divorce?

You Can Damage Your Child Custody Claim One of the most significant ways moving out can influence your divorce is when it comes to child custody. If you move out, it means you don't spend as much time with your kids. Not only can this harm your relationship, but it can also damage your custody claim.

Is it better to stay separated or divorce?

Separation can allow you to tackle various aspects of the divorce process, such as establishing a child custody arrangement and dividing marital property, more calmly. Without court fees and timelines hovering over their heads, spouses may find navigating these legal disputes significantly easier during separation.

When divorce is the best option?

Other signs that divorce might be the best choice for you: Your spouse has shown a repeated pattern of abuse. Your spouse has alcohol or substance abuse issues and will not get help. Your spouse has repeatedly been unfaithful and shows no real interest in changing.

How do I ask for divorce peacefully?

There's no single “right” answer when asking for a divorce, but with preparation, you can make a tough conversation go a little more smoothly:Prepare Yourself. ... Choose A Suitable Place and Time. ... Keep Your Cool for Your Kids. ... Be Gentle, But Firm. ... Listen to Their Perspective. ... Be Understanding and Empathetic.More items...•

What a woman should do to prepare for divorce?

9 Critical Steps Women Should Take To Prepare For DivorceGather your financial records. ... Open a Post Office Box. ... Start putting money away for legal and other professional fees. ... Open a new checking and savings account. ... Open new credit cards in your name only. ... Get a copy of your credit report.

Time For Preparation and Strategy

Perhaps the biggest advantage when you file for divorce first is that it gives you time to prepare. If you’re considering divorce, chances are that you noticed your marriage is in rough seas. Still, if your spouse kicks off the process, it often comes as quite a shock.

Filing For Temporary Orders

In the duration of a divorce, there are several matters that can’t wait to be dealt with. When you file first, that means you’re the one filing for temporary orders. You get to define the issues to be addressed. You served the other party, the other party gets to do a response.

Paperwork

From tax records to legal paperwork, a variety of documents figure into divorce. Again, this gives you the chance to collect and organize in advance.

Establishing Jurisdiction

Laws about divorce, division of property, and child custody vary a great deal from state to state, sometimes even county to county. As such, jurisdiction often plays a big role in the ultimate outcome. When you file for divorce first, you have more power over where jurisdiction falls.

Present Your Case First

If you file for divorce first, you may get the chance to present your side of the argument first. While that sounds good on paper and can have advantages, it’s not always ideal.

Should You File For Divorce First?

Considering all of this, it’s time for the big question: should you file for divorce first? It’s a complicated proposition with no simple answer. No two situations are ever the same, and depending on the specifics, being the first out of the gate can be positive, negative, or relatively neutral.

How to prepare for a divorce?

Properly Prepare for the Divorce – If you are the first to initiate a divorce, you will most likely have time beforehand to obtain the proper legal representation, as well as the appropriate documents and papers. It can also stop your spouse from hiding money or assets before the break up.

What do you do when you petition for divorce?

You Alert Your Spouse to Your Demands – When you petition for a divorce, you usually have to list your desires or demands. The other party sees this at the time they are served. This allows them to know exactly what you want and come up with a counterattack.

Who has a say in divorce proceedings?

Have a Say in Divorce Proceedings – The spouse who files first may have the chance to decide when court dates are established. If a couple spends equal time in two different states, the petitioner may also decide under which jurisdiction the divorce takes place.

Is it bad to file for divorce first?

Like many things, there are also negatives to filing for divorce first. It depends on your situation because every relationship is different. However, some disadvantages of filing first revolve around money and strategy.

Can you present first in a divorce in California?

In trials and hearing, you can also have the chance to present first. End Date of Marriage – Because California divorces are considered community property, the property and assets the couple acquires during their marriage must be divided equally. By initiating the divorce, you can acquire separate property and assets sooner.

Can a marriage end?

It is never a happy moment when a marriage ends. Often times, couples struggle to patch up problems, but to no avail. It is a difficult choice; however, divorce may be the only option. If you are sure your marriage cannot be salvaged, then you and your spouse may file to dissolve your union. But does it make a difference who files for divorce first?

What happens if you and your spouse live in different regions?

If you and your spouse are living in different regions, the one who filed has the choice over where the litigation will take place. It may be the case that the regulations in another region will give you an edge when your case comes to court.

Is it stressful to get divorced?

The weeks and months leading up to an inevitable divorce can be very emotionally stressful. Living in a state of uncertainty over whether or not your spouse will file against you takes its toll. In this way, filing for divorce first gives you back a sense of control in your own life.

Should I file for divorce first or go to litigation?

In many cases, the individual who files for divorce will be the first to present their case should it go to litigation. Being first to present has its advantages and disadvantages – on one hand you get the chance to make an early impression, but on the other your spouse and their legal team will have the chance to adapt their strategy to your initial efforts. Being aware of how filing affects the timeline of litigation will help you to decide the best approach for your situation.

How to prepare for divorce?

Before you file for divorce, it is best to prepare for the process by getting yourself organized. Gather your insurance policies – life insurance, car insurance, and health insurance – and note the beneficiaries for each. Write down the account numbers of all of your bank and retirement accounts and make copies of tax records and property titles. Track your expenses and spending habits so that you have a clear sense of your financial situation as it relates to your life post-divorce. By organizing your documents and your finances, you will be in a better position when and if you choose to file for divorce. And – if your spouse files for divorce first – you won’t be caught off guard, scrambling to locate those important papers.

How long does it take to get divorced in Wisconsin?

To begin the divorce process, the first step is to file a Summons and Petition for Divorce with the court. Your spouse must either admit receipt of the papers or be served with them within 90 days from the time the papers are filed. In Wisconsin, after filing for divorce, there is a 120 day waiting period before the divorce can be finalized.

Can I file for divorce in Wisconsin?

If either or both spouses believe their marriage is irreparable, they can file for divorce in Wisconsin. A couple may also file for divorce if they have been legally separated for a period of at least 12 months.

What happens if a spouse files for divorce first?

First, the filing spouse gets to choose the location of the divorce case. For example, if a couple split up prior to the divorce and one spouse now lives in Oregon, the spouse that files first will have the option of filing the case in either Oregon or Washington.

What to do when divorce is imminent?

When a divorce is imminent, filing first may give parents the opportunity to seek an order from the court preserving the family’s status quo for the benefit of the children. As part of the initial divorce petition, a spouse can ask the judge to order that the living arrangements for the children and access to joint accounts remains unchanged, so that the family’s way of life is as undisturbed as possible. This may prevent a former spouse from moving away with the children or emptying out bank accounts.

If You Have Questions About the Divorce Process in Florida, Call Our Tampa Attorney for Answers You can Trust

If you are thinking about filing for a divorce in Florida, you may have questions about how the process works. In addition to wondering about things like residency requirements and grounds for divorce, you may also be curious as to whether filing for divorce first, before your spouse gets around to doing it, has any advantages.

The Benefits of Filing for Divorce First

If you are ready to file for a divorce, there may be a few advantages to being the party to initiate the divorce proceedings. However, remember that things are different for every couple, and talking to an attorney about your specific situation is always recommended.

Ready to File? We can Help

If you are ready to file for divorce, it is important that you start getting all of your documents and paperwork in order, prepare yourself financially, and consult with an attorney. Our lawyer at the law office of Mark G. Rodriguez, P.A.

Call Our Tampa Divorce Lawyer Today

For your initial consultation with Attorney Mark G. Rodriguez, please call our law office directly or send us a message telling us more about what you are going through and the services you are looking for. Our lawyer has been serving clients in Tampa for more than 20 years, and is ready to get to work on your case immediately.

Why is it better to plan for divorce first?

Why is it best to plan for divorce first? The better you are prepared, the better your chances for negotiating terms to your advantage. It is prudent to first always have a solid plan and have considered all your options before rushing to file paperwork. Here are some benefits that come with being ahead of the curve.

What happens if you file for divorce first?

If you file for divorce first, then it is likely that if the outstanding issues in your case had to be decided at a trial (by the judge), then you would be the first to present your case. This means, that you have to start preparing for court way ahead of the other side timewise; the other side gets to hear testimony and your legal theories ...

What is the first step in planning for divorce?

More importantly though, it is advantageous to be the first to plan for divorce. Filing for divorce means submitting legal paperwork to the courts and notifying your spouse. Planning for divorce means developing a strategy for addressing the complex situation you are about to navigate.

What happens if your spouse cuts you off financially?

Potentially a more catastrophic scenario would be if your spouse cut you off financially and made it difficult for you to get by on your own. If your spouse has control of all your money, even if it is in a shared account, you could find yourself in a bad spot if your spouse decides to be vindictive.

What is the number to file for divorce?

Find out why you should file for divorce first. Call us today at 201-880-9770 to get started. Primary Sidebar. YouTube.

What to do if your marriage has deteriorated?

If your marriage has deteriorated to the point where you’re considering a divorce, acting first allows you to have first choice of local attorneys. You can choose a divorce lawyer who will fight for your rights and for the best terms possible. Because an attorney can learn confidential information during a consultation, ...

How to prepare for divorce early?

Planning for divorce early not only allows you the opportunity to pick the people who can help you, you also get a head start on finding and copying documents that you will need, such as mortgage statements; bank, brokerage, and retirement account statements; household bills; titles of ownership; and proof of insurance. As you make these preparations, ensure that you have all of your documentation organized and in a secure location. If you have electronic records, or plan to scan hard copy documents, use a computer and storage device only you have access to , if that’s possible .

What are the advantages of filing divorce before spouse?

One of the main legal advantages that a person gains by filing the divorce petition before his or her spouse does is that the filer can request a Standing Order from the court when filing the petition.

What is divorce agreement?

Divorce is generally about forging agreements between two parties who are likely separating because agreement on anything is extremely difficult to achieve. Your interests can be sabotaged to great effect under a number of circumstances and family law matters.

What happens when a marriage falls apart?

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.