Filing a divorce is an overwhelming experience. However, if both the partners have decided to take divorce from one another, it does matter who files the case first in certain cases. However, in other cases, there are no remarkable differences in who files the case, as the law treats both parties equally, regardless of who initiates the process. If you are confused about any difference, you must read this article. Here, we will first highlight the major advantages as suggested by The Harris Firm of filing a divorce case. Here we go!
Advantages of filing the case first
1. Choice of jurisdiction
The person filing the divorce case can choose the jurisdiction where all divorce proceedings and activities will take place. This provides an added advantage to the spouse filing the divorce case, especially in complex matters like child custody, asset division, and spousal support.
2. Time to make strategies
If you have filed a divorce with your spouse, you have the time to think and make strategies. It not only allows you more time to prepare well with your divorce lawyer, but you can also gather all evidence like property records, financial and communication records. This helps your divorce lawyer to prepare well to win the case.
3. Preventing forum shopping
A spouse can stop the other party from forum shopping—looking for a jurisdiction that would be more favorable to their interests—by filing first. The filing spouse can prevent potential delays and issues related to jurisdictional disputes by establishing jurisdiction early on.
4. First chance to request temporary orders
The person who files the divorce case has all the rights to request a temporary order till the time the divorce is pending. Common examples of temporary orders are:
limiting the power of each spouse to change the assets or property of the marriage
Providing temporary child support or custody; shielding one spouse from the other
Providing short-term spousal maintenance
5. Emotional and psychological impact
If you are initiating the divorce gives a sense of empowerment over the entire situation and your spouse. Further, this prepares you for future circumstances and all hurdles.
Wrapping Up
No matter who files the divorce case, it is equally daunting for both parties. Therefore, you need a divorce lawyer to handle your case and get a fair settlement.
