Whether your divorce is a mutual decision or something you decide on your own, you may wonder if it matters who files first. There are many misconceptions that whoever files first has some advantage in the process, but we assure you that is not true.
In fact, as Rowe Law Offices, P.C., we generally leave the decision to file up to you. There are only a couple of reasons why we would suggest you might want to file first.
Threats from your spouse
If your spouse is unhappy about the pending divorce and threatening you in any way, it can be helpful to file first. If he or she is not on board, then the chances of him or her filing are low. It is usually best to get it over with and file yourself.
Threats in this situation often include them saying they will leave with the children or take all the money from your bank account. Once you file for divorce, you do get some protection should your spouse act on these threats. For example, you will have a right to all assets you own together at the date of filing, such as the money in a bank account.
Need to stay informed
If you worry about getting information in the case, then it is best to file first because the court will provide you with notifications first. You may find it easier to manage the process if you know what is happening up front. It also allows you to react better to everything that is happening. Plus, you will not have to wait on the other side to make a move before you can.
To find more answers to your questions about divorce, please visit our website.