You and your spouse will automatically keep whatever separate property you each earned. In all other equitable distribution states, courts are still much more reluctant to assign the separate property of one spouse to the other.
However, if you live in one of the other 33 states, then this might be the biggest advantage of all. In all but 17 states, if your spouse has done something wrong, then it might have a significant positive impact on the outcome of your divorce. Once again, the law varies state to state, but usually the faulty spouse is completely ineligible to receive spousal support a.
When a divorce is particularly contentious, the initial filing can set off a maelstrom of tense emotions. These temporary orders can cover everything from spousal and child support, to child custody and parenting time, to who gets to remain in the marital home. When you file for divorce first, you get the first opportunity to make requests of the court for what you want the temporary orders to look like.
The court will then hold a temporary orders hearing in which your spouse will also be able to argue for what they want, but having the first word might set the tone and win you a slight advantage. In all 50 states, filing for divorce comes with some universal basic cost, regardless of whether you work with the most expensive lawyer in your state or go completely DIY.
Whatever the exact figure is, the money is due at the time of filing, so whoever decides to file the complaint might get stuck paying all of it. Most states offer fee waivers, for one thing, or you can negotiate splitting it with your spouse on your own. However, filing first opens you up to the risk of getting stuck with this entire bill. She made things easy for me. Definitely recommend! Overall I was pleased with the results of my divorce case.
The entire Petrelli Previtera team truly cares about their clients. Luckily for me, I was paired up with an amazing team helping all the way. It was such an excellent service and it was beyond I expected. Lis, Esq. Neither of you has made the first move to file. Now what? The team at MR. We will help you get through the divorce process as smoothly as possible. If your situation is complicated, we are strong litigators who have built a reputation for handling difficult and fact-specific cases.
We help clients whose divorces involve business ownership, complex compensation, hidden assets, abuse allegations, and highly charged child custody disputes. These materials have been prepared by MR. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
You should consult an attorney for advice regarding your individual situation. Every case is unique. The information contained in this website is not intended to create, and receipt of it does not constitute, a lawyer-client relationship nor is it intended to substitute for the advice of an attorney. This website constitutes Attorney Advertising. Skip to content Skip to primary sidebar Skip to footer Menu.
Are there benefits to filing for divorce first? Why is it best to plan for divorce first? You get first choice for professional help, like attorneys. You have time to find additional support for you and your kids. You Have Opportunity to Gather Necessary Documentation Planning for divorce early not only allows you the opportunity to pick the people who can help you, you also get a head start on finding and copying documents that you will need, such as mortgage statements; bank, brokerage, and retirement account statements; household bills; titles of ownership; and proof of insurance.
You Can Get Yourself in an Advantageous Financial Position It can be beneficial to start saving money for the expenses of your divorce or to secure a line of credit to get you through the upcoming months before you formally file and let the cat out of the bag. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Child Custody Child Support. Alimony Divorce and Property. Market Your Law Firm. Lawyer Directory. Call us at 1 Why Being the First to File for Divorce Matters To get a divorce started, one or both—more on joint filing later spouse must file a divorce petition with the court.
As long as the petitioner follows state and local laws about where a divorce can be filed, the petitioner gets to choose the jurisdiction location for the divorce proceedings. Many states have some form of residency requirement to prevent either spouse from intentionally filing for divorce in a state or county that might favor that spouse more than the other.
For example, in Michigan, the filing spouse must live in the state for at least days and the county of filing for at least 10 days before the court can accept the divorce petition.
So, if your spouse lives miles away and files first, you'll have to travel to your spouse's courthouse for all divorce-related matters, which will cost you more time and money than if you'd filed first in the court nearest you. Control over the pace of the divorce.
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