Does It Matter Who Files For Divorce First?

Filing for Divorce First

Filing for divorce first doesn’t give you any rights in the divorce process, but there may be strategic benefits to being the one to file first. Filing for divorce may give you more control throughout the divorce process.

Depending on the specifics of your divorce case, being able to choose some aspects of your divorce could be an important reason to file first. If it applies to you, filing for divorce first could allow you to choose the county in which your divorce is filed.

Filing for divorce first allows you to choose when divorce is filed. When preparing to file for divorce, you can complete your due diligence on financial information and evidence of adultery without being burdened by time constraints. 

Once someone has filed for divorce, dates will be set for hearings, discovery timelines, and deadlines for mediation before the trial. If you are the one who files, you may be better positioned to predict when these dates will happen and prepare for them in advance.

Gathering Paperwork

A lot of paperwork can be involved in filing for divorce and preparing for mediation. Filing for divorce first gives you time to gather all your paperwork in advance, long before filing.

Take the time to complete all of your paperwork to ensure that everything is correct. Don’t rush to fill out your paperwork just to be the one to file first.

If your spouse files for divorce first and catches you off guard, you may feel like you’re scrambling to catch up. There is nothing wrong with not filing for divorce, and you should be able to prepare for divorce, but it can be stressful.

Deciding to file for divorce first allows you to get your divorce case in motion before your spouse knows that you’re planning on filing. Filing first can give you more time to get all of your paperwork in order with less stress.

Accurate Disclosure of Assets

Hiding assets from your spouse during the divorce process is illegal. Waiting for your spouse to file could make disclosing assets more difficult if you believe your spouse will try to hide assets from you.

Waiting for your spouse to file for divorce first could give them months to years to hide assets or remove them from your possession. This could complicate your divorce and how assets are divided.

If you file first, you may be more likely to receive an accurate disclosure when they file a response with the court. When dealing with someone that you think will try to hide assets, filing for divorce first could prevent them from hiding assets.

 Planning a Divorce Strategy

Filing for divorce first gives you time to assemble a divorce team and work with them to create a divorce strategy to meet your needs. If you start looking for a divorce attorney first, you may have more options than your spouse. Once you start working with an attorney, they are not an option for your spouse to use as a divorce attorney.

Divorce strategy can vary greatly depending on your goals. For example, if you have kids, your main focus may be on getting custody, but if you’re a wealthy business owner, your focus may be on preserving your assets.

Every divorce strategy is different. Preparing for divorce before it’s filed gives you time to prepare for anything involved in your divorce proceedings.

Going to Court

If your divorce can’t be agreed on through mediation, it will go to court. When divorce cases go to court, filing for divorce first may impact your case.

Filing for divorce first may mean that your case will be presented first in court and that you’ll have to start preparing before the other side. Because you filed first and had time to prepare for divorce, you should still have ample time to prepare for your case to go to court adequately.

Contact a Divorce Attorney

Going through a divorce can be stressful and extremely emotional. It’s important to consider all the factors involved and take your time preparing to file for divorce.

Depending on the specifics of your case, filing for divorce first could offer benefits. It’s important that you take your time in preparing to file for divorce and don’t rush the process just to be the one who files.

Divorce can be complicated and highly emotional. It’s important that you work with an attorney that you trust to fight for your rights and wishes.

Contact Campbell Law today to learn more about how we may be able to help you through your divorce.