You and your spouse have talked, and you’ve both agreed that divorce is the only option. However, many spouses put off being the first to file for divorce. Still unsure if divorce is the right solution or hoping somehow the two of you may still work it out. It’s understandable why people want to hesitate before filing. They should also be aware of the potential benefits of being the one to file for divorce first.
One of the questions we get asked frequently is Should I file for Divorce First?
The answer to this can be complex and not easily answered. While there’s no reason you need to rush off to the courthouse so you can get there first although, there are some good reasons to consider filing first.
For the most part, there are no huge advantages of filing for divorce first. Here are some of our thoughts on some advantages and disadvantages of filing for divorce before your spouse.
Advantages of Filing for Divorce First
Control
Being first gives you a bit more control than the other party. You will have a bit more control over how quickly the divorce proceedings progress. By filing first, you started the process when you choose while your spouse has no choice but to respond as the court indicates. You can decide to cancel the divorce if your spouse hasn’t filed a response, and you have that option until your spouse files an answer. Suppose your divorce isn’t amicable. You, as the plaintiff, will get to tell your side first.
Prepare Documents
If you are the first to initiate the divorce, you have had time to gather together all of the paperwork and copies of all financial and legal documents, including life insurance policies, wills, trusts, retirement paperwork, real estate records, etc. Ensuring that you have all of these documents can take time and effort.
Ensure You Have Access to Funds
You need to make sure that you have enough money set aside to pay for the divorce and pay personal bills. If you don’t have a credit card in your name, you need to get one since it’ll be more difficult after the divorce. If you have credit cards in both of your names, you should cancel them to prevent further debt from adding up.
Legal Advantage
The main legal benefit of filing first is requesting an Ex Parte Mutual Restraining Order Against the Transfer of Assets and an Ex Parte Order to Maintain the Financial Status Quo from the court. These orders prevent either spouse from changing their beneficiaries on policies such as life insurance or retirement accounts, selling, borrowing against or transferring property, or other financial moves.
Prevents Your Spouse from Hiding Assets
Many people attempt to hide assets during the divorce process. Filing first may help you guard against this from occurring.
Disadvantages of Filing for Divorce First
You Have to Pay for Filing Fees
The spouse who files first must pay filing fees, or the court will not accept your petition. Typically, the filing fee isn’t expensive, and some states allow for reduced or no fees if you meet the income requirement.
You Let Your Spouse Know Your Demands
The petition for divorce lays out everything you want in the divorce settlement letting your spouse know your demands and giving them time to come up with ways to counter your requests. Also, if your spouse was willing to work with you about the settlement laying out, your terms may backfire, and you’ll end up with less than you would have if you let the other party file first.
You Are the One Responsible for Ending Your Marriage
If you are the one who files first, you are ending your marriage. If there was any hope of a reconciliation, it ended that possibility. However, if the marriage has no chance of surviving, then it’s a good thing. Of course, there are times when even after a divorce couples get back together. But in many cases going through a divorce brings out the worst in people.
Filing for Divorce in Michigan
Regardless of who files first, it’s essential to talk to a qualified divorce attorney. By talking to a legal professional, they can advise you about the divorce process, what to expect, and understand the decisions you’ll need to make.
Tower Karson Law Firm in Livonia has the experience and compassion needed to help you navigate your divorce, separation, family law issue and more. We have years of success representing Michigan clients in all aspects of divorce and family law. If you are thinking of filing for divorce and have questions, contact us for a Free Consultation, our divorce lawyers are here to help.