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Filing for divorce first can offer strategic advantages, such as setting the tone for the proceedings. It allows you to choose the jurisdiction, which can impact property division and child custody arrangements, especially if you and your spouse live in different areas. Filing first may also influence the court’s perception of the situation, potentially benefiting your position throughout the divorce process.
How Does Filing First Affect Financial Matters?
Filing for divorce first can significantly impact financial matters. It allows you to seek temporary court orders to protect your financial interests, such as freezing joint accounts or preventing the sale of assets. You can also request temporary financial support, like spousal or child support, which is critical if you rely on your spouse’s income.
Filing first also gives you time to prepare financial disclosures and organize documentation on income, assets, debts, and expenses to present a clear case to the court.
Can Filing for Divorce First Affect the Division of Marital Property?
Filing for divorce first can impact the division of marital property by allowing you to take early steps to protect your financial interests. When you file first, you can request temporary court orders to freeze joint accounts or prevent the sale or transfer of marital assets. This ensures that assets remain intact during the divorce process and prevents any unilateral actions by your spouse.
Being the first to file also allows you to prepare a thorough inventory of marital assets and debts, helping you build a strong case for a fair property division. It also allows you to present your preferred division plan to the court, potentially influencing the final outcome in a way that aligns with your financial goals and needs.
Can Filing First Influence Child Custody Arrangements?
Child custody is often a contentious issue in divorce. Filing for divorce first can influence the court’s custody decisions by allowing you to request temporary custody while the divorce is pending. This establishes a stable living arrangement for the children and may affect the court’s final custody ruling. Filing first also lets you present your custody case before your spouse does, outlining preferred arrangements and providing evidence of your ability to care for the children.
Additionally, you may obtain temporary court orders, such as setting a visitation schedule or preventing the other parent from relocating with the children, which can further stabilize the situation and potentially impact the final decision.
What Should I Consider Before Filing for Divorce First?
While there are several potential advantages to filing for divorce first, there are also some potential disadvantages. Before deciding to file for divorce first, it is important to carefully consider your specific situation and the potential consequences. Some of the factors to consider include:
- The financial implications of filing first, including the cost of filing fees and attorney fees.
- The potential impact on child custody arrangements and whether filing first would benefit your case.
- The emotional impact on you, your spouse, and your children.
- The potential for increased conflict with your spouse and how that might affect divorce.
It may be helpful to consult with a divorce attorney who can provide guidance based on the specific circumstances of your case. An experienced attorney will help you weigh the pros and cons of filing for divorce first and help you make informed decisions.
The Paramus Divorce Lawyers at Torchin Martel Orr LLC Will Help You File for Divorce First
If you are considering filing for divorce and want to understand your legal options, the experienced Paramus divorce lawyers at Torchin Martel Orr LLC will help. For more information, call 201-971-4866 or complete our online form. Located in Paramus, New Jersey, we serve clients in Bergen County, Morris County, Essex County, Hudson County, and the surrounding towns in northern New Jersey.