Are There Advantages to Filing for Divorce First?

Your spouse may have, sadly, expressed their thoughts of parting ways and getting a divorce. While this is tough to hear, you must not let your pride get in the way at this time. In order words, you must not rush to file your Complaint for Divorce simply because you want to do it before your spouse can. That said, read on to discover whether there are any advantages to filing for divorce first and how one of the seasoned Somerset divorce lawyers at the Law Offices of Kisha M. Hebbon, LLC can help you thoroughly think this decision through.

Are there any advantages to filing for divorce first?

If you file for divorce first, you will be considered the plaintiff of your trial proceedings. Now, this may come with certain advantages, for the sake of your legal strategy. More specific examples read as follows:

• You may be able to get the first pick for who will represent you in your case, which will hopefully be one of our proficient Somerset divorce lawyers.
• You may be able to get the first choice for forensic accountants, mental health experts for your children, and other professionals to support your case.
• You may be able to present your evidence in court first, where you may control the witnesses who will testify and in what order, among other things.
• You may have more time to gather necessary documentation, arrange childcare, and request time off work in preparation for your scheduled court dates.

What should I be aware of before initiating a divorce?

In short, filing for divorce first may allow a greater sense of control over how your trial proceedings will play out. While this is a great benefit, you must not rush into submitting your Complaint for Divorce without considering other things.

For one, sometimes it is considered a better legal strategy to present your evidence in court last. This is because you may be better prepared to pivot your legal strategy as necessary after hearing from your spouse’s witnesses and listening to their overall argument. Ultimately, this is a consideration you must talk through with your lawyer.

On another note, upon learning about your spouse’s intentions to divorce you, you should not race them to submit the paperwork first. Rather, your spouse’s “heads up” may be enough of an advantage. That is, your time may be better spent gathering the necessary documentation and strategizing what divorce-related terms you want to negotiate. This is instead of first having to worry about submitting your Complaint for Divorce with the court and then serving your spouse a copy of the Summons, Complaint, and Notice of Initial Hearing.

Now that you have this background knowledge, your next step should be to employ one of the competent Somerset County family lawyers to represent you. So contact us at the Law Offices of Kisha M. Hebbon, LLC today.