Advantages of Filing for Divorce Before Your Spouse Does

There is no blanket answer to this question that will apply to all divorces. Filing for a divorce is not necessarily a race where, if you are the one to file first you are guaranteed to come out ahead of your spouse. There are circumstances where filing first may be advantageous and in some situations, it may be to a person’s disadvantage to be the one who files for a divorce.

Every couple’s divorce is different and unique to their particular situation. Some couples manage to come to a mutual and amicable agreement, while others come to a mutual agreement but do so acrimoniously, with a whole range of variations on how couples wind up in the middle of divorce proceedings.

Many people are completely blindsided when they are served with divorce papers. Some people feel the need to try to serve their spouse with divorce papers without their knowing about it in advance because the spouse that is filing feels they have to do this for reasons beyond their control.

No matter who, when, where, why or how a person finds out they are getting a divorce, even when they know that it is for the best, the impending legal proceedings, transition period, and changes, can be challenging and overwhelming.

Filing First

Many people who want a divorce do not want to have to ask for one because even though they know they can no longer be a part of a couple with their spouse, they still care about them and do not want them to be hurt or to become angry. Even though it is often uncomfortable to do, there are advantages to filing for a divorce before your spouse does.

When you file for divorce, you may have the advantage of having your legal team or representative lined up in advance. You can take your time in picking the right lawyer or law firm as opposed to having to scramble to find one in order to make deadlines your ex has imposed on you.

In addition to being able to find the right lawyer before your legal proceedings begin you will have time to gather all the documentation you need. Not being able to find these things can hold up proceedings and wind up costing extra time and money.

Depending on the way you and your spouse do or don’t share funds, filing first may allow you to ensure you have access to funds and credit going into and throughout the divorce proceedings. Some people may benefit from talking to a financial planner or someone who specializes in divorce finances, in advance of filing for a divorce.

Filing for divorce may help you to prevent your spouse from hiding funds or assets, or from lying about debts, etc.

In addition to financial advantages, there are legal and emotional advantages to filing for a divorce before your spouse does.

Learn more about divorce and divorce law at Divorce Law Office LA.