Should You Be the First One to File for Divorce? Possible Benefits
While no one gets into marriage hoping for it to end, sometimes, a couple can tell when their marriage hits the rocks. And while sometimes the marriage is reconcilable, there are unfortunate times when divorce is the best resolution.
However, some couples may stick to an unhealthy marriage because they fear filing for divorce first, especially when the spouses don't see things eye-to-eye. But there are some benefits to filing for divorce first. Discover some reasons filing a divorce first may be a good idea.
Can Get Adequate Time to Plan
When the divorce idea is yours, you may have ample time to consult your attorney and develop a strategy. This way, you will not be caught by surprise and may have time to figure out what you want from the divorce.
For example, if you have children, this period may be the best chance to brainstorm a suitable plan for custody. You may also have an opportunity to gather evidence to prove you are the best parent for the children.
Additionally, you may get enough time to put your financial records in order with the help of your lawyer. For instance, if you and your spouse own any properties, you can start getting documents needed to prove your sole ownership of certain assets.
May Have More Control Over Outcomes
When you file for divorce first, it can give you an upper hand during negotiations. However, if both parties file simultaneously, you might find yourselves negotiating on a level playing field.
On the other hand, if your spouse is unaware that divorce is imminent, they may negotiate without fully understanding what they stand to gain or lose. In such cases, filing for divorce first may be beneficial as the idea may allow you to shape the narrative of the proceedings to favor your interests better.
Can Ensure Assets Transparency
When divorce proceedings start, the court will expect both spouses to provide details of their assets and liabilities. Therefore, filing for divorce first may give you an advantage as your spouse will be compelled to reveal any assets they may have hidden.
Since your spouse may be caught off-guard, they may not have time to hide or transfer assets. But, again, if your spouse tries to hide some assets, they know that the idea may delay the proceedings, which may mean more spending on attorneys' fees.
Can Select the State That Favors You
When you file for divorce first, choosing the state where the divorce takes place may also be possible. This way, you can select a state with laws that may favor your interests better.
For example, community property states will divide debts and property owned by the couple equitably. However, if one spouse files for divorce in an equitable distribution state, the court may divide the assets equitably, which means that the couple who owns more assets ends up with a higher share.
Can Make a Sound Decision
Divorce can be emotionally confusing and draining. And you may make a rash decision out of anger. But when you are the first to file for divorce, that gives you time to think clearly and make wise decisions.
You still have time to talk to your attorney and get different people's points of view on the situation. This period may also allow you to calm down and make a solid decision that will be beneficial in the long run.
Choosing to leave a marriage that you probably worked so hard for takes courage. But if you feel that a divorce is the best solution for you and your family, don't let the fear of filing for a divorce stop you.
Make sure to consult with an experienced attorney who can help you understand the process and help you make sound decisions throughout the proceedings. In addition, the lawyer will listen to your issues and help you figure out the best way to move forward.
Hart Law Offices, P.C., is your trusted family law firm and can help you start your divorce-filling journey. We are experienced and friendly. Contact us to schedule a consultation.
