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Is There an Advantage to Filing for Divorce First?

On Behalf of | Apr 5, 2019 | Uncategorized |

When a married couple is considering divorce in Michigan, each of the parties might be wondering whether it would be beneficial to be the one who actually files for divorce. This question often arises in family situations in which the spouses have not agreed to get divorced, but there are significant problems in the marriage. If you are considering divorce, you may be asking yourself: Should I file for divorce first? What are the benefits, if any, to being the party who files for a Michigan divorce?

An article in Forbes explains that, in some cases, there are actually benefits to being the first one to initiate the divorce process. We will go through some of the advantages associated with being the party who files a petition for divorce in Michigan.

You can Assemble Your Divorce Team Early on

If you know that divorce likely is imminent but your spouse has not talked about actually filing for divorce, being the first one to file and to initiate the divorce process can give you the opportunity to assemble the best divorce team for your needs with the knowledge that you will soon be filing a petition for divorce. At the very least, you will need to work with an experienced Michigan divorce lawyer who can assist with the numerous issues that are likely to arise in your divorce, such as property division, alimony, child custody, and child support.

In being the spouse who files for divorce, you can plan ahead. This means you can take as much time as you need to interview lawyers and to find the right divorce attorney to assist with your case. if you are likely to have more complicated legal issues arise, such as complex property division in a high net worth divorce, you can also spend time finding the best financial analyst for your needs. Planning ahead can also give you time to find a family therapist or psychologist who can help you and your children through the emotional and psychological aspects of the divorce process.

Once you have assembled your divorce team, you can file for divorce and know that you are well prepared.

You can Obtain All Necessary Financial Documents

If you are the spouse who files for divorce, you should have time to obtain all necessary financial documents before the other party knows that you are filing. In the best case scenario, both parties are amenable to the others’ needs and would never destroy financial documents or attempt to hide assets. However, much too often in marriages win which one spouse was the primary breadwinner, it can be difficult for the non-breadwinner spouse to obtain the financial documentation that he or she needs to show that certain assets should be classified as marital property and thus should be divisible in the divorce.

Before your spouse knows that you are planning for a divorce, you can make copies of all paperwork concerning assets of the marriage. You may be able to obtain some necessary orders from the court.

In some instances, the first to file may be able to obtain ex parte (one-sided) status quo orders to secure the deposit of money and payment of bills and/or ex parte mutual restraining orders to stop any dissipation of the mutual estate.

Contact a Divorce Lawyer in Michigan

Do you need assistance planning for divorce or filing for your Michigan divorce? A dedicated divorce lawyer in Michigan can assist you. Contact the Law Offices of Michael A. Robbins for more information.