Is it Advisable to File For Divorce Before Your Spouse?

By: Justin | Posted: 02nd September 2010

The laws for divorce vary from state to state, as federal law does not dictate rules for filing for divorce, the process or even the right to get a divorce. So it is important to understand that your friend or family member from another state may have proceeded with their divorce in a certain manner that may not be an option in your state.

As far as beating your spouse to the punch and filing for divorce before he or she does, there is really no legal advantage to it, although some consider surprising their spouse with the papers an advantage. If your spouse knows it's coming or if they make the first move, they may have time to hide or withdrawal certain assets so that you cannot get to them in a divorce. Filing before they do or if they are not expecting it may prevent them from taking such actions.

If you begin speaking with a divorce attorney before any papers have been filed, it also allows you time to discuss any strategy with your lawyer and to decide what you'd like to get out of the divorce. When you're blindsided by the papers or are not expecting them, you may end up rushing your discussions with your attorney and may not be as prepared in the early stages of the divorce as your spouse.

In many states, however, couples must wait at least a month before any part of the case is allowed to move forward. This allows the two sides to consider whether they want to go through with the divorce and allows both sides to prepare their case. Taking this into consideration, both parties seem to have ample time to prepare, but filing first nonetheless gives you a better idea of when your case will begin so you can make preemptive arrangements.

Divorce can be a messy and hectic time in one's life, especially when children are involved. While there may not be any legal advantages to filing first, certain tactical benefits may exist depending on the situation. Assess your individual case with your lawyer. The time you spend in a consultation can be extremely valuable, as you'll discuss your assets such as stocks, bonds, property, pensions, etc. as well as child custody, visitation, support and alimony. Discussing these things before your spouse has the chance to make these considerations can be a distinct tactical advantage.

Since divorce is a major event you want an expert to handle it or review it before submitting. Schedule a consultation with an Corona Divorce Lawyer by visiting the offices of Diefer Law Group serving Southern California.

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Tags: consultation, couples, lawyer, assets, punch, ample time, family member, first move, divorce attorney, taking this into consideration, filing for divorce