Many potential divorcees may wonder if there are any advantages to being the first to file for divorce. After all, no one wants to be the spouse who is blindsided by a divorce petition. Besides being able to avoid the emotional anguish of being served out of the blue, there are some legal and financial advantages to being the first to the courthouse. This post will identify a few.
Having the proper documents together – One tactical advantage is having all the relevant financial documents in your possession, thus likely reducing the need for costly discovery requests. By having the most recent bank statements, brokerage statements and insurance policies, you can paint an accurate financial picture without being on the defensive.
Having the right team assembled – Indeed, having the right family law attorney is essential, but in complex financial divorces, having a qualified financial analyst can help in maximizing your chances of success.
Having access to important funds –From a financial standpoint, being the first to file means that you have the ability to protect marital funds through an automatic restraining order. This may also prevent an angry spouse from hiding assets during a divorce.
Getting to choose the jurisdiction – For parties who have residences in different states, this may be an important factor. It is also critical to file in a location where children currently live or attend school, in order to limit the possibility of them being moved.
If you have additional questions about the advantages of filing first, an experienced family law attorney can help.
The preceding is not legal advice.