Should You File for Divorce First?

If you have been in an unhappy marriage, you may have started considering divorce some time ago. Maybe you even suspect that your spouse is also thinking about ending your marriage. Many people wonder if they should file for divorce first, and if doing so has any benefits. Legally speaking, filing for divorce first will not give you an upper hand throughout your case. Still, this does not mean there are no benefits of filing first. Likewise, there are also some disadvantages of filing for divorce first. Our Fort Lauderdale divorce lawyer explains in greater detail below.

Why File for Divorce First? 

Family law judges do not consider who filed first when making the final decisions in a divorce case. This does not mean there are no advantages to filing first. There are a few and they include:

• Ensure you are prepared: Being the first to file for divorce gives you control over the timeline of your case. You will have the time you need to speak to a Fort Lauderdale divorce lawyer, consider your goals for the case, and gather the important financial records you will need. Filing first gives you the opportunity to be proactive rather than reactive, and this can give you a strategic edge as your case proceeds.
• Control over the jurisdiction: Like all states, Florida places a residency requirement on all divorce cases. If your spouse lives in a different state or even a different Florida county, filing for divorce first ensures that your case will be heard in your jurisdiction. This can make the process more convenient for you, particularly if multiple court hearings will be required.
• Telling your story first: Often, the person who files the petition for divorce is heard first at hearings and during a trial, if one is necessary. This gives you more control over the narrative and is particularly important when emotional issues such as child custody or property division are discussed.
• Injunction requests: If your divorce is going to involve complicated issues, being the first to file allows you to request certain injunctions. For example, you may ask a judge to prohibit the sale of marital property or to temporarily freeze joint bank accounts.

Why Not File for Divorce First?

Although filing for divorce first can bring some benefits, there are also reasons to wait for your spouse to file. There is extensive paperwork involved in filing first. You will also have to pay the filing fee, which is approximately $400. While being in control over the timeline of your case is considered an advantage, it can also be a drawback if you are not emotionally or financially prepared for the next steps.

Our Divorce Lawyer in Fort Lauderdale Can Guide You Through the Process 

Whether you want to file for divorce first or your spouse has already filed, it is important to obtain legal advice. At Haber Blank, our Fort Lauderdale divorce lawyer can provide the sound representation you need and help you achieve your goals throughout the process. Call us now at 954-767-0300 or chat with us online to schedule a consultation with our experienced attorney.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html