Benefits of Filing for Divorce First

If your marriage has been in a rocky place for some time, you’ve probably thought about divorce at some point. If a divorce feels imminent, filing for a divorce first has many advantages. Here are some benefits to consider.

1. Avoid Being Blindsided

One significant advantage of filing for divorce is to avoid being blindsided. The dissolution of a marriage can be emotionally taxing, and this is only compounded if there are children to consider or if you are fleeing from an abusive situation. But if you file for divorce first, you can prepare yourself mentally, emotionally, and financially.

2. Gather Financial and Legal Documents

The early stages of divorce can involve a lot of paperwork, and it's crucial to gather the documents you'll need as soon as possible. For example, if your spouse has control over the finances, it is important that you gather pertinent financial records now, such as bank statements, tax returns, and insurance policies. Another primary requirement for filing for divorce is to provide your spouse with notice by way of a summons, which stipulates that both parties will contact one another regarding information about their property division, spousal support, and custody issues. Our team at Roland Investigations stands ready to help you serve your summons and divorce papers in a timely manner in order to ensure a smooth divorce process.

3. Assemble Your Divorce Team in Advance

You'll also find that a dedicated divorce attorney and support staff are generally more equipped to handle the complexities of divorce. Filing for divorce first will allow you time to find a legal team that you like and trust to work with.

4. Ensure Access to Money and Credit

After a spouse files for divorce, the other spouse will frequently attempt to freeze the marital assets held in that spouse's name. This can prevent you and your family from accessing financial support or credit, which can be an immediate hardship for you and your family members. When you file first, it allows you time to take out a line of credit and open a bank account solely in your name.

5. Prevent Your Spouse from Hiding Assets

Unfortunately, it is all too common for spouses to hide assets when going through a divorce. But if you are filing first and are working with a divorce attorney, they can ask the judge for a Joint Preliminary Injunction once you officially file. Basically, what this means is that both parties will be prohibited from selling, destroying, or encumbering any joint marital property.

Ultimately, divorce is never easy, but by filing for divorce first, you can protect yourself and make it as smooth of a process as possible.

By Roland Investigations 6-10-2022