Is it better filling for divorce first?

Posted by Joseph Franks on January 30th, 2020

Should I File for Divorce First?

When marriages start to loosen, one or both spouses may begin to expect divorce but are hesitant to act because they fear they are being too hasty or maybe neither one knows how to proceed. The only one question that pops up regularly among those seriously considering divorce is whether or not it is beneficial to be the first spouse to file for divorce. The answer is often yes, there can be possible advantages of filing first in a divorce. Considering an Illinois Family Law Attorney in this regard can be very helpful, as an experience attorney can guide you in a better possible in such sensitive cases.

Preparation is Key in a Divorce

To be the first spouse to file for a divorce allows that spouse to control the timing of a proceeding to their financial advantage. To prepare for a divorce, it is important to collect copies of all important financial documents, such as bank and investment account statements, life insurance policies, titles to property and more, all the while gaining a thorough understanding of possessions and debts in order to fairly divide marital property. The person filing will also have an opportunity to put aside money or establish credit to see them through the divorce process, setting the wheels in motion when they are ready. The minute someone files for divorce, it can become more difficult to obtain financial documents and set aside needed rainy day funds so filing first can be advantageous.

Legal Advantages of Filing for Divorce First

From a legal standpoint, one of the main advantages to filing first is that the petitioner can request a standing order from the court when filing the petition. This order will stop either spouse from attempting to hide or waste assets to the financial disadvantage of the other. The petitioner usually presents his or her case at the first place, which sometimes is an advantage in controlling the tone of the proceeding from the start. The particular person who files for divorce also gets to take the jurisdiction in which to litigate the divorce, which is far more convenient if spouses live a greater distance apart.

The first step when faced with questions of whether to file divorce first is to get more material and information. An experience Illinois divorce lawyer can help understand the overall process and help you coordinate the most advantageous time to commence your case so that you can achieve the most advantageous result with regard to marital property division or other issues unique to your case.

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Joseph Franks

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Joseph Franks
Joined: September 16th, 2019
Articles Posted: 102

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