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The Financial and Legal Advantages to Filing for Divorce First
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Thursday, March 22, 2018

Although no one likes to anticipate something as emotionally damaging as a divorce, if it’s meant to happen then there are high chances of you being able to sense it coming. Many spouses have claimed to have been caught by surprise when they were served with a separation notice. Women of the two partners have a better idea if their marriage is falling out of love and is going through a rocky phase.

Most couples feel that a divorce could be the ultimate move but don’t talk about it for coming to mutual terms. In this case, the person who files for divorce has an upper hand as they are mentally, legally and financially prepared for the upcoming process.
For people who are going through a failing marriage that is now beyond rescue, it is best to look for divorce lawyers, discuss their situation and proceed with the legal requirements. This would help you in benefitting from the below advantages.

1. Financial Advantages

The biggest benefit of being the first one to file for a divorce is that you gain more power over the financial matters. These include being well prepared and having all your financial records in place before the application goes on trial. Locating and accessing these documents can take ample time, so it’s always good to start early.

The best idea is to collect your real estate records, wills, insurance policies and investment documents and get your income and tax statements verified by the local authorities.

The other benefit is being prepared for the expenses that you will incur during the process. You’ll have more time to allocate money for your attorney’s fees and documentation.

By filing for divorce, first you can prevent your spouse from hiding their financial assets and properties. This is done by for an ATRO claim. The restraining order keeps either spouse from changing their financial status during the course of divorce trials.

2. Legal Advantages


Filing for divorce first also has several legal advantages that include being able to decide the area of jurisdiction for the trials. This means that you’ll be able to decide where your case would proceed and helps if you are planning to move before applying for separation.
The spouse initiating the process also has a greater choice in selecting a divorce team. By preparing your application well in advance, you and your divorce panel are better organized for the hearings.

The other major benefit is that you can file for child custody before your spouse. This aids in gaining greater control over where your child would live during the proceedings and is a big relief in case children are under 5 years.

Apart from the above legal and financial pros, filing for divorce first gives one greater peace of mind and more time to mentally prepare themselves for the upcoming grueling trials. Spouses who apply for divorce first are also seen to be more confident and convinced during all the trial developments.

Contact our law firm for any preparations and assistance we can render.

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