Is There a Disadvantage if I File for Divorce First #ChooseGoldmanLaw
Is there a disadvantage if I file for divorce first? Gaining an advantage is typically the goal of filing first. Your actions ought to be dictated by the nature of the relationship. If you file first while already in negotiations, your move can backfire.
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It might not be a good idea to file for divorce first if you’re attempting to avoid going to court for a divorce. You can have strong motivations for filing first. You might be attempting to ask the court to prohibit extravagant expenditures. Stop the liquidation of marital assets. The benefits of filing first may outweigh the drawbacks.
Are you seriously considering divorce?
Ending a marriage is never a joyous moment for anyone. Certainly not for couples struggling hard to patch up the gaps in the marriage. It is difficult but it might be the only option left for spouses. When couples agree to end a marriage, does it even matter who is filing the divorce first? For some, it may not matter, but for some, it can make a huge difference. It can be enlightening to talk to a lawyer about the advantages and disadvantages. Understanding your uniqueness can help your lawyer give you good advice.
At the moment, you may only be desiring relief from the pain and anxiety of your marriage. You are in a mental state thinking divorce will fix everything wrong about your marriage. Don’t think about divorce at your lowest. Find clarity first. Find a moment to reflect if divorce is a real option for you. Then decide.
The conditions driving you to think of divorce may have started when you became parents. Having children is a natural evolution of marriage. Raising is a literal labor of love for married couples. It is never easy to raise children and it takes a toll on marital relationships. Children can reinforce love and respect or it dissipates it completely.
Do you feel there is still love and respect between you and your spouse? Do you still feel the level of comfort and security when you’re around your spouse? Do you still look forward to having a life together? Are you starting to doubt your commitment to the marriage? Are you still hoping to improve what you have in your marriage? Do you still want your marriage despite the pain and challenges?
If most of your answers are no to the questions mentioned, then you may already have clarity. A painful and eye-opening reality. Give it a day or even a week and do a reflection again. Make a decision. And then find a good lawyer.
What are the advantages of filing your divorce first?
The filing of a divorce complaint by one spouse starts the divorce procedure. The divorce complaint is filed in their county’s circuit court. Michigan is a no-fault divorce state so the complaint will not need to provide specific grounds for divorce. Your marriage’s breakdown will not be required in the filing. Who files first has no bearing on anyone’s legal rights in a divorce. Parental and property rights are identical to one another. Whether your spouse or you filed for divorce has no bearing on the situation. Your rights as a spouse are the same regardless of who files. There can be some benefits connected with filing for divorce initially. These advantages may or may not be specific in your case.
Choice of jurisdiction.
If you are filing first, obviously you get to choose where to file the divorce. Usually, the divorce petitioner who files first gets to pick the jurisdiction. Jurisdiction is where the case is filed and heard. If you and your husband are already divorced and live apart, this is extremely important. If your spouse lives far away, you may find yourself inconvenienced. You will be forced to travel frequently, taking up both your free time and your money. If your spouse files first in his or her jurisdiction, the laws there may not be in your favor. This can be true concerning child custody, child support, and spousal maintenance. It can also be true for the division of marital property.
Status quo for minor children.
Divorce is not always amicable, and not every couple agrees on what is best for their children. If you first file for divorce, you can also submit a request to maintain the status quo for your children. In Michigan, this covers their residence, daily schedule, and parenting arrangement. It will be the arrangement until the court makes a final decision. This avoids any significant disturbances to your children’s lives. Disruptions that aren’t in their best interests during such a turbulent period.
Financial edge.
Even though doing so is against the law and unethical, some spouses might try to conceal assets. Hide these assets during the divorce process. You can initiate the divorce process and include an ATRO in your divorce case. ATRO means Automatic Temporary Restraining Order. ATRO restrictS either spouse from materially altering the financial circumstances of the marriage. It becomes effective once the divorce process has started. Restrictions cover selling off large assets or making expensive expenditures. The ATRO protects all assets. It forbids the borrowing or selling of insurance and changing insurance beneficiaries. It also restricts the selling of real estate. It covers destroying or concealing assets, or altering bank accounts.
Opportunity to present and to take a position.
People believe it’s helpful to “play” first in a divorce case. This means arguing their position first in court. It is customary for the spouse who files for divorce first to be the first to be heard. This is true with court proceedings, mediations, and hearings. It may seem advantageous to deliver your point without hostility. This move could backfire if it offers your spouse more time to consider your plan and then challenge it.
Opportunity to find the best lawyer.
If you are the first one to file for divorce, you can speak with many divorce attorneys in your community. You can decide not to hire these attorneys after speaking to them. These initial contacts establish an attorney-client relationship with you. It will now create a conflict of interest. These initial contacts prevent these lawyers from representing your spouse. You can choose from a variety of Michigan divorce lawyers if you file first. By doing so, you can stop your spouse from restricting your options.
Confidence building
You might already be feeling defeated that your marriage is ending. Going through a divorce is not an easy process and experience for anyone. But filing for divorce first doesn’t have to feel like a failure, it can feel like an accomplishment. You are taking control by filing first. You are making choices. You are taking the right steps. Divorce for you is like moving forward. You’re imposing boundaries where they may have been needed. Instead of reacting, you’re acting. Just be careful not to rush into a divorce simply out of spite. Deciding to file for divorce first should be empowering. It shouldn’t be an impulsive decision.
What are the disadvantages of filing your divorce first?
There are drawbacks to starting the divorce process first, like many other things. It depends on your scenario because every relationship is different. There are some drawbacks to starting the divorce process first. It can have implications in terms of budget and planning. Here are some of the drawbacks of filing a complaint first.
You make your demands known to your spouse.
When you file for divorce, you need to list your wants and demands. The other party gets to read these at the time they are served and notified. This allows them to know exactly what you want and come up with a response.
You may end up paying more fees.
The individual who initiates the divorce might have to pay the filing fees. You have the advantage of going first. Your lawyer will invest more hours gathering information. You can also end up paying more in legal fees.
Set the divorce in motion.
If you and your spouse are talking about divorcing, you can make it official by filing. In these circumstances, there is minimal hope of reconciling. One person has already made a move to dissolve the marriage.
It may have little impact on the process or your legal rights. The impact of filing a divorce complaint first may vary from case to case. There may be more advantages than disadvantages to filing first. Talk to your lawyer about how to leverage the advantages of being the first to file.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.