What Are The Advantages to Filing for Divorce First?
Filing for divorce is the first major step into a new and hopefully brighter future for a couple in a troubled marriage. While filing sets off the divorce process, many people overlook the fact that there are several advantages of filing for divorce first.
From financial benefits to simply having a leg up on the legal side of your fight, here are our biggest reasons why you should file for divorce first before your spouse does.
You Could Have the Biggest Say in Divorce Proceedings
If you file for divorce first, the chances are high that you’ll be the main decision-maker in divorce proceedings and where your divorce takes place (if you and your spouse live in different states).
Having this power on your side of a divorce can speed up the process. File first and prevent the usual hiccups like jurisdictional arguments that can bring your divorce to a screeching halt.
You can Find the Best Divorce Lawyer First
While it may seem like there is a divorce lawyer on every corner in Fort Worth, the truth is that not all attorneys have the same experience. Depending on your familial situation, you’ll want a divorce lawyer like Spencer Nilsson that specializes in winning cases that involve:
- Property division
- Child custody
- Alimony
- Contested divorces
Filing first allows you to do your research, find the best attorneys possible, and helps you financially prepare for the legal fees that come with the process and representation.
Less Chance of Hidden Assets
Usually, when a spouse gets wind that their husband or wife is planning on filing for divorce, money and other assets are some of the first things they try to hide away for the future. In some states, filing first for divorce won’t save you from the legal woes that hidden assets bring.
However, in Texas, many counties allow those filing for divorce to acquire an Automatic Temporary Restraining Order (ATRO). An ATRO can help prevent any shady actions before your spouse has the chance to carry them out.
This is one example where filing first not only speeds up your divorce process but keeps you financially and physically safer until you sign your divorce decree.
Faster Problem Resolution
Sometimes a marriage is so troubled that spouses separate before officially divorcing. This can lead to unpaid bills, visitation violations, and major financial issues if a shared bank account is involved.
These types of problems can be crippling, with the only viable resolution being a divorce. Filing first gets the process started and puts you on track to legally enforced payments and custody rights that can keep your finances and family in check.
Are There Disadvantages to Filing First?
While there are clear advantages to filing first, we think it’s important to examine some of the disadvantages to this move.
Some reasons you may want to wait on your filing include the following:
- Your spouse could come up with a counterattack that you aren’t prepared for
- A divorce could end any hope of reconciliation
- You may end up with more legal fees than your spouse
Make an Educated Filing Decision With Nilsson Legal Group
If you’re ready to file for divorce but are nervous about taking that first step, the divorce lawyers of Nilsson Legal Group are ready to help.
We are Fort Worth’s reliable, assertive divorce attorney ready to help with all areas of your divorce. Trust us to thoroughly build your case and answer any questions you may have along the way.
Contact Nilsson Legal Group today to learn more about our services and to schedule your free consultation.