Legal Advantages of Filing for Your Divorce First


Being in a difficult marriage can be frustrating. Sometimes, it ends in an unfortunate decision to file for a divorce. Such decision can be gut-wrenching and confusing especially when you have children. However, an unhealthy marriage is not good for the family’s overall mental, emotional, and physical wellbeing. This is why 40-50% of married couples in the US end up in divorce.

Depending on which state you live, there are different rules when it comes to filing for divorce. To know the divorce law in your state, it is best to directly consult a local divorce attorney.

Once you’ve decided that you and your spouse need to cut your ties legally, you should act fast. There are a lot of advantages of filing for divorce first. This move will not only allow you to take control of your life, but it also offers a lot of legal advantages.

  1. Your marriage’s end date is important.

Depending on which state you live, when you end your marriage can be quite significant. During your marriage, both partners have an equal share of all earnings and purchases, including the debts. However, after your marriage’s end date, any earning, purchase, or debt made by a partner is now their own. Thus, the sooner you file for divorce, the better.

  1. You are more likely to be prepared.

Divorce is a long and complicated process. But by filing it first, you can have the upper-hand of the situation. It helps you prepare long-term strategies with regards to the case and your personal life. You can assemble the perfect team of experts that will help you achieve the best possible outcome. Because divorce is financially complex, you might not only need an attorney but also a financial analyst.

  1. First impressions are important.

Whoever files for the divorce gets to present the case first to the court. In other words, you are given the chance to make the first impression since the judge will have to listen to your side of the story first. According to experts, this will put your spouse in a psychologically weaker position.

  1. It can give you financial protection.

In most states, when a divorce is filed, all your marital assets are put on hold. It means that neither you nor your spouse can hide or transfer assets. By filing it first, you can take your spouse by surprise by disabling them to touch or conceal any of your marital assets during the process. At the same time, you can financially prepare yourself. You can set aside money in advance, so you can pay for the expenses involved in filing the case.

Final Thoughts

Divorce can be an uncomfortable situation to be in. However, if it is the best course of action for your family, then let it happen. Because the process can be long and complex, it’s necessary that you prepare yourself and your lawyer in advance. And there’s no better way to do this than filing for divorce first.

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