Should You File for Divorce First?

If you have realized that you are unhappy in your marriage, you may have been thinking about divorce for some time. Perhaps you even suspect that your spouse is thinking about ending the marriage, too. You may wonder if filing for divorce will bring you any benefit during your divorce. From a legal standpoint, this is not necessarily the case. Still, there are some advantages to filing for divorce first. Although there are some benefits, there are also some drawbacks. Below, our Orlando divorce lawyer explains what these are.

Benefits of Filing for Divorce First 

When making the final decisions in a divorce case, judges will not consider who filed first. Still, there are many benefits that come with being the first to file and these are as follows:

• Advance preparation: Filing for divorce gives you control over the timing of your case. You will have the necessary time to collect important financial records, contact an Orlando divorce lawyer, and consider the child custody arrangements you want. Acting proactively rather than reactively can give you a strategic edge throughout the process.
• Jurisdiction control: You must meet certain residency requirements to file for divorce. However, if your spouse lives in a different county or state, filing first allows the divorce to be heard in your jurisdiction, which can significantly impact the flow and speed of your case.
• Being heard first: Often, the petitioner is heard first during divorce hearings and trials. This is particularly important when there are issues such as property division or child custody that are emotionally-charged. This can allow you to better control the narrative, potentially influencing how a judge views the case.
• Injunctions: When a divorce will involve complex issues, filing first allows you to request certain injunctions. For example, you ask the court for a temporary order to freeze bank accounts or prohibit the sale of marital property.

Drawbacks of Filing for Divorce First

Filing for divorce first may have advantages, but there may also be drawbacks, depending on your specific situation. These include:

• Paperwork and filing fees: There is a great deal of paperwork to complete when filing for divorce first. You will also be responsible for paying the filing fee, which is usually around $400.
• Establish the timeline: When you start the divorce process, you also set the timeline. This can be overwhelming if you are not financially or emotionally prepared for what comes next.
• No legal advantage: Again, there are certain formulas, standards, and legal concepts judges follow when making decisions in any divorce case. The court will not consider, or favor, the spouse who filed first.

Our Divorce Lawyer in Orlando Can Help You Through the Process 

If you are thinking about filing, our Orlando divorce lawyer at Anderson & Ferrin, P.A. can help you initiate the process and provide the representation you need throughout the proceedings to ensure you obtain the most successful outcome. Call us today at 407-412-7041 or contact us online to schedule a consultation with our experienced attorney and to learn more about how we can help.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html