Should I File For Divorce Before My Spouse Does?

One of the most common questions asked regarding divorce-related matters is whether it makes a difference who files first. The truth is, if you are ready to file for divorce, it is best you do not wait. Please read on to learn more about the benefits of filing first:

What happens if my spouse files for divorce first?

When your spouse files first, you may find yourself scrambling to keep up. By filing first, you can choose the right attorney; someone you know will fight for your rights, every step of the way. Additionally, filing first gives you a chance to plan a budget as you will presumably be living alone, and have all the legal paperwork necessary for divorce all filled out and ready to take action. One of the hardest things to do is play catch up while when your spouse took the initiative and went ahead with the divorce. That being said, fortunately, with our firm on your side, you can take action and be the first to file.

Additionally, it is well worth noting that divorces very often take place in the jurisdiction in which they were filed, which means that if your spouse files fist while living in a different state, there is a very good chance you will be required to and from your spouse’s location, possibly multiple times, solely for the purpose of attending divorce proceedings. If you have a job, children, or anything else that requires both your physical presence and attention, this can be an extremely difficult experience. However, it can all be avoided if you simply file first.

How can I save money by filing for divorce before my spouse does?

Very often, individuals find that by filing first, they also save money. If you have the chance to create a financial plan for your future, potentially with the assistance of a financial analyst, you can ensure you do so both effectively and confidently. Additionally, though there is a stigma of filing restraining orders, you may find doing so can actually benefit you financially in the long run. Regardless of whether your spouse is violent or not, filing a temporary restraining order will halt all jointly owned marital assets, thereby preventing your spouse from lending and borrowing money, as well as changing any potential insurance, retirement, or investment terms.

Contact our experienced New Jersey firm

Ross and Calandrillo, LLC is a full-service divorce, family, and real estate law firm located in Mountainside, New Jersey. One of the most important things you can do when going through a divorce is to hire a knowledgeable and compassionate divorce attorney. Do not settle for less than you deserve. For strong legal representation in all of your divorce or family law matters, contact Ross and Calandrillo, LLC to schedule a consultation.