Ending a marriage is never easy but it is better to get over with a relationship that cannot survive any longer. Closing things sooner is a good idea as it helps you overcome the emotional trauma and get your life back on track. And you would surely want to do it sooner rather than later if there is an ugly custody battle involved. However, you may think twice about filing the divorce paperwork even if things are to go ahead with mutual consent. Although filing first may not seem like a comfortable decision, there are some advantages if you take a head start with the initial petition. Here are some good reasons why filing first can make all the difference.Â
You have greater control
Being first definitely gives you better control over the case, at least during the early stages of the proceedings. Filing first means that you are the plaintiff and the other party is the defendant. While you get to decide when to initiate the proceedings, you also have the choice to cancel the case as long as your spouse has not filed a response. The control to re-evaluate and revoke your decision is all yours, until your spouse files an answer to your petition.
You can limit your financial vulnerabilityÂ
Filing for divorce lets you establish a separation date legally, so you can actually escape the responsibility for any debts that your spouse accumulates after that date. Further, the action also lets you protect the money you earn after the date. Conversely, the assets and debts accrued before the date of filing are regarded as marital property and are divided equitably.
You get time to prepare
If you are first to file, you get to do it according to your timeline rather than the schedule of your partner. This gives you a chance to prepare better as you can gather all the financial documents beforehand. This surely eases your tasks because you may not be able to do it after the case goes into the court and your relationship becomes contentious. Further, you have time to research divorce lawyers and find the best one to represent your case. With the extra time, you will also be financially prepared with the funds required for the proceedings.Â
The choice of jurisdiction is yoursÂ
By being the first to file a divorce, you get the choice of the jurisdiction for the case, if you and your spouse reside in different states. This is important because different states have different laws pertaining to division of marital assets and alimony. Obviously, it makes sense to choose a jurisdiction that is favorable for you from the asset valuation and spousal support perspective. A seasoned divorce lawyer can give you the right guidance in this context.Â
Apart from the practical and financial benefits of filing first, there is also the advantage of emotional closure that can make a big difference. Taking the first step will certainly make you feel empowered to seek freedom from a difficult relationship.