Does it Matter Who Files for Divorce First?

It happens to you: You receive papers for divorce when you never expected them to file first. Sometimes divorce can come as a complete shock as you worry about what went wrong and what this means for you and your spouse. However, one of the last things you may worry about is this: Are there benefits to filing for divorce before the other spouse? This answer is somewhat complex, but we will answer it for you today.

Benefits of Filing First

Sometimes, it really can matter who files for divorce first. One of the major reasons is because the one that files for divorce will usually control how quickly the proceedings move, which will be a major factor later on. The initial paperwork also contains allegations and reasons for divorce, which could have an influence on the judge’s decision in the long run. These are very important elements to your divorce case. Sometimes, it can also matter on a financial level.

One financial aspect of filing first is being able to gather all the documentation you need before the divorce even begins. Being able to locate important documents like tax returns, insurance policies, and wills can take time and effort. If you file first, this means that you have all of your important documents organized and in a secure location before the divorce papers are served to the other spouse. In another case, you may be able to prevent your spouse from hiding vital assets. Unfortunately, many spouses will hide assets during the divorce process, keeping you from things you deserve.

As you can see, there are many reasons why filing first may be a good idea. However, if your spouse has filed first, having a reliable attorney on your side is one of the best things that you can do. Call us today to find out how we can help you at The Law Offices of Amy M. Montes.