The saddest thing that could happen to a marriage is the moment it ends. Most of the time, when conflicts occur, couples tend to patch things up. However, when things go sour, divorce might be the best option. A lot of people have been asking though as to who should file the divorce first. Actually, there are pros and cons of filing the said legal action first. Here are some of the best answers that you might want to consider.
List of Pros of Filing for Divorce First
1. Accepting Opinions in Divorce Proceedings.
The one who files the divorce first is going to be given a chance to schedule the hearing dates. When the couple are living in different states, the one who submitted the petition should be given the right to decide which jurisdiction the proceedings will take place.
2. Enable Proper Preparation for Divorce.
When you are the one who files the divorce, you will have the advantage because it will give you ample time to prepare legal representation. It will also prohibits your partner to hide assets or money before the separation occurs.
3. First to Present the Case.
Most of the time, the courts will give more weight on the papers that were filed first. For this reason, it will give you the chance to present your testimony before your ex does. Likewise, you will also have a chance to present first during hearings and trials.
4. Provides Quick Relief.
Being involved in unstable relationships such as the spouse having left without caring for the bill payments or not allowing you to see the kids should make filing for divorce a quicker way to achieve relief. This is because divorce filing can help in making decisions to child custody or money matters.
5. Marriage End Date.
Some states in the US consider divorces a private property. This means that the assets and properties acquired during marriage should be divided accordingly. If you have initiated the divorce, you will be able to get separate assets and property a lot sooner.
List of Cons of Filing for Divorce First
1. Alerting Your Spouse of Your Demands.
Petitioning for a divorce will require you to state your demands and desires. So, your spouse will see this the moment he or she will be served. Thus, he or she will be able to know what exactly it is you want and your spouse should be able to formulate a counterattack.
2. Can Sometimes be Charged with More Fees.
The one who will file the divorce first will be required to pay some filing fees. As a result, you will also be required to pay more on attorney’s fees, particularly when your lawyer is busy taking into account the information.
3. Initiate the Dissolution of the Marriage.
Once both parties have decided to have a divorce, it will be made solid by filing for the appropriate legal actions. As a result, you will no longer be given the chance to reconcile as the other party has already initiated the move.
Natalie Regoli, Esq. is the author of this post and the editor-in-chief of our blog. She received her B.A. in Economics from the University of Washington and her Masters in Law from The University of Texas School of Law. In addition to being a seasoned writer, Natalie has almost two decades of experience as a lawyer and banker. If you would like to reach out to contact Natalie, then go here to send her a message.