If you are preparing to end your marriage, filing for divorce is the beginning of a life changing journey and the choices you make along the way can have an impact. With good counsel and representation, you’ll be in a position to make informed decisions. One question you may be thinking is “Should I file for divorce first? And “Is there any benefit to it?”
Every situation is unique however, your rights are the same no matter who initiates the process including in the State of Michigan.
Although there may be some procedural advantages to filing for divorce first, there are also a few things to consider.
Here are some pros and cons to keep in mind when it comes to initiating the divorce process by filing first.
Upside of Filing First
1. Control Timing: Going first lets you pick timing that’s right for personal and financial situations. It’s also convenient if needing to match life events, financial cycles – like before assets are acquired or sold.
2. Jurisdiction Pick: If you and your spouse live in different states/counties, filing first may let you choose legal territory. Rules differ on property split, alimony and custody so choosing where could mean a better outcome.
3. Prep Time: Initiating divorce means gathering docs and hiring a lawyer before your soon to be ex catches on. Solid prep work provides an edge with delicate matters, complex assets and custody issues involved.
4. Mental Advantage: As the petitioner, you control the process – potentially empowering or feeling more in control especially if you are catching your spouse off-guard. This can be beneficial if tensions are high.
Downside of being the one to start the divorce:
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- It’s more expensive to start the process. Since you are initiating legal work, your expenses begin and can add up quickly with all that needs to get done.
- Things get tense. Your spouse may not expect this, and it could lead to hostility catapulting you into legal fights, high bills, and stress.
- The emotional toll is heavy. Taking the first step to end the marriage may bring on emotional weight that is hard to bear, especially if children are involved.
- Strategy shifts. Your spouse sees your plans and can counter your moves on several issues like finances, assets, and children.
So, being the first to file has some benefits such as control, however it’s costly and emotions can run high. Think your situation over and speak to an experienced divorce lawyer, they will help you make an informed decision that will result in the most positive outcome possible.
Divorce Representation from the Best in Jackson
If you are ready to make the first move or have questions about divorce, the Law Offices of Rappleye & Rappleye in Jackson Michigan can help. Our 60+ years of experience in all areas of family law and divorce issues lead to a divorce process guided with compassion, knowledge, and expert negotiating. Explore your options and know your rights. Call and schedule a Free Consultation today.