Is It Better to File for Divorce First?

There are many opinions about divorce and how to survive it as seamlessly as possible, despite how vastly unique every individual, marriage, and family is. Some people mull over the idea for years before deciding to end their marriage, while some choose to walk away the moment the feeling overcomes them. While there is no cookie cutter formula to guarantee a perfect divorce, there are strategies to make the process easier overall. In addition to the overwhelming emotional benefits of being in control, there are a number of reasons to be the one who files for divorce first.

The following are reasons why filing for divorce before your spouse may benefit you in the long run:

• When you file first, you are in control. If you are blindsided with divorce papers, you may not have as much time to research and retain the best attorney for your situation. A divorce may also require the advice of other professionals such as a financial planner, therapist, etc., which you can have in place to help you plan and prepare for the divorce

• You will be able to secure access to financial accounts to prevent your ex from hiding assets or employing other underhanded tactics.

• Once divorce is on the table, exes can grow contentious and keep important documents from each other. Do not put your fate in your ex-spouse’s hands–collect and privately store your personal, financial, and legal documents.

• Where you file will have a tangible impact on your settlement. Different jurisdictions may produce independent outcomes regarding spousal support, division of assets, child custody, etc.