Filing for Divorce First

When marriages start to unravel, one or both spouses may begin to contemplate divorce but are hesitant to act because they fear they are being too hasty or perhaps neither one knows how to proceed. One question that pops up regularly among those seriously considering divorce is whether or not it is advantageous to be the first spouse to file for divorce. The answer is often yes, there can be potential advantages of filing first in a divorce.
Preparation is Key in a Divorce
Being the first spouse to file for a divorce allows that spouse to control the timing of a proceeding to their financial advantage. To prepare for a divorce, it is important to collect copies of all important financial documents, such as bank and investment account statements, life insurance policies, titles to property, and more, all the while gaining a thorough understanding of assets and debts in order to equitably divide marital property. The person filing will also have an opportunity to put aside money or establish credit to see them through the divorce process, setting the wheels in motion when they are ready. The minute someone files for divorce, it can become more difficult to obtain financial documents and set aside needed rainy day funds so filing first can be advantageous.
Legal Advantages of Filing for Divorce First
From a legal standpoint, one of the main advantages to filing first is that the petitioner can request a standing order from the court when filing the petition. This order will prevent either spouse from attempting to hide or squander assets to the financial disadvantage of the other. The petitioner usually presents his or her case first, which sometimes is an advantage in controlling the tone of the proceeding from the start. The person who files for divorce also gets to choose the jurisdiction in which to litigate the divorce, which is far more convenient if spouses live a greater distance apart.
The first step when faced with the question of whether to file divorce first is to get more information. An experience Illinois divorce lawyer can help understand the overall process and help you coordinate the most advantageous time to commence your case so that you can achieve the most favorable result with regard to marital property division or other issues unique to your case. Contact the Libertyville Family Law attorneys of Schlesinger & Strauss, LLC for answers at 847-680-4970.