Does it Matter Who Files For Divorce First?

Does it Matter Who Files For Divorce First?

One of the most frequently asked divorce-related questions is whether it matters who files first. The truth is, among other things, who files first can certainly have an impact on the outcome of your divorce. Please read on to learn more:

Why would someone file for divorce first?

There are several reasons why spouses take the initiative and file first. For one, a chance to prepare goes a long way. Though it may seem underhanded, the truth is, if you are not prepared, you may find yourself in serious financial or legal trouble. Divorce is a complicated, document-heavy process, so it is always best to have all your finances and legal documents in order beforehand. Additionally, if you wait for your spouse to spring a divorce on you, you will have to hire an attorney in a hurry, not truly knowing if he or she is the best attorney for you, and then lastly, you will not have had adequate time to create a financial plan for your future.

What’s more, divorces are very often conducted in the jurisdiction in which they are filed. Rather simply, this means that if your spouse is living in another state, and he or she files first, you may have to travel–several times, at that–back and forth between states just to go through the divorce process–hardly a vacation. These reasons, among many others, are often enough to make a spouse do the proactive thing and file first if they are ready.

Will I save money if I file for divorce first?

One of the most important aspects of being the one to file first is that generally, it will actually end up saving you money. As mentioned above, you will now have time to create a future budget, secure a line of credit, and if you wish, you may even file a Temporary Restraining Order against your spouse.

Though many are hesitant to do such a thing due to the stigma attached to restraining orders, the truth is, they may provide you with much-needed financial assistance. When you file a TRO against your spouse, he or she is automatically prohibited from lending or borrowing marital assets, as well as updating or changing investment, retirement, or insurance terms. If you have any other questions or are ready to begin the divorce process, please do not hesitate to reach out to our experienced firm.

Contact our experienced New York firm

The Law Office of Peter L. Jameson, PLLC is an experienced divorce and family law firm located in New City, NY. It is essential to retain effective legal guidance during such pivotal times in life. Contact our firm today to discuss your legal matter and get the quality legal representation you deserve.