Being the spouse serving papers rather than getting served can offer strategic benefits in a divorce case.
Besides the emotional gratification that can come from doing the rejecting rather than being rejected, there are some very compelling reasons why you might want to make sure you file for divorce before your spouse has a chance to. Here are a few of the key benefits that filing first can bring.
No Rush to Find the Right Attorney
Choosing the right divorce attorney is essential for getting the best possible outcome from your divorce. You need to find a seasoned professional who has a good track record of fighting effectively for their clients’ rights and securing fair divorce decrees. If you’re scrambling to respond to divorce papers your spouse has served on you, it can be difficult to really do your homework and research as many attorneys as you’d like. But if you are in control of the process and you know you are highly likely to be the party filing first, you can take your time and never risk moving forward with an attorney before you’re completely comfortable.
Time to Secure Documentation
Another important benefit of filing first is the opportunity to secure copies of all relevant financial records before your spouse has a chance to interfere with them. This can help prevent assets from getting transferred to secret accounts or otherwise “overlooked” when your spouse presents their own accounting of your marital assets and property. Be sure to gather all of the following types of documentation:
- Bank statements
- Tax returns
- Life insurance policies
- Wills and trusts
- Retirement account/pension statements
- Real estate records
- Asset inventory
Time to Settle Your Finances
A divorce proceeding will cause you to incur certain legal costs. When you are in control of the process, you can delay filing until you are sure you have the cash or credit required to cover all your expenses. If you wait for your spouse to file, you may not be so lucky. You may have to choose a subpar attorney or even go without representation.
Ability to Choose Jurisdiction
Finally, for couples who may reside separately in different states or counties, or live together but split their time between different properties, filing first may provide the opportunity to determine which jurisdiction’s laws will apply to your divorce case. If you are uncertain of the pros and cons of filing for divorce in a given location, you should definitely contact an experience divorce attorney and ask for advice.
