You don't have a guarantee of realizing your wishes just because you file for divorce ahead of your spouse. However, being the first to file has some slight advantages that may affect your divorce in the long run. Here are some of these advantages.
You Get a Lawyer of Your Choice
If your spouse consults a lawyer about a divorce, you lose the right to consult that specific lawyer. This is the case whether your spouse retained the lawyer or not. The rationale is that the two have already discussed privileged information about the divorce, and it would be a conflict of interest if the lawyer agreed to represent you.
By being the first to file for divorce, you have a choice to use any lawyer you want. You will have a great relationship with a lawyer that you chose, and not with a lawyer that circumstances forced on you.
You Can Secure Documents and Funds
A good divorce needs thorough preparation. You need to gather and preserve financial documents, personal documents, and funds you can use during the divorce. Unfortunately, a vindictive partner may hinder your ability to prepare for your divorce. For example, your partner may lock you out of the family finances. However, you can prepare yourself without interference by the spouse if you file first. You can apply for a credit card in your name and make copies of financial documents to use during the divorce.
You Choose Jurisdiction
If you live in a different state from your partner, then either of you can file for divorce in their resident state. Divorce laws vary by state, and you may find that you prefer the divorce laws in your resident state. If you are in such a situation, then you can file for a divorce in your jurisdiction and enjoy the associated laws. If your partner files first in their resident state, then you have no option but to process the divorce in that state.
You Get to Be Proactive—Not Reactive
Lastly, some people also argue that filing first allows them to set the tone for the divorce. After all, the person who files first gets to make air their views first. In some cases, this can allow you to maintain the status quo (for example, get temporary custody of the kids) if you want that.
Whether or not you file for divorce before your spouse, you can benefit from the expertise of a divorce lawyer. Contact a divorce law firm as early as possible to be thoroughly prepared.
Share23 April 2019
Like many people, I once found learning about law very intimidating. My brother went to law school and I remember glancing through a few of his books and wondering if I was actually reading English due to all of the legal jargon in them! However, when I ended up in a sticky legal situation due to accidentally breaking a small law I didn't know existed, I realized that I needed to learn more about the law, so I could make sure to follow it precisely in the future. My brother helped to break down some complicated legal concepts to me, and I have since been studying up online. I want to post what I have learned and continue to learn about law in the future on my new blog, so my knowledge cannot only help myself, but also help others!