Deciding to end your marriage is never easy, and the process of divorce often comes with a series of challenging decisions. One question that many individuals face is whether it matters who files for divorce first. If you’re considering filing for divorce in Michigan, understanding the potential advantages of filing first can help you make informed decisions about your next steps.
Setting the Tone for the Divorce Proceedings
Filing for divorce first allows you to set the initial tone for the proceedings. When you are the one initiating the divorce, you have the opportunity to present your case to the court from a prepared and controlled position. This filing often includes a clear outline of the terms you are seeking, such as custody arrangements, spousal support, or division of marital property.
For example, if you believe a particular custody arrangement would serve your children’s best interests, being the petitioner (the one who files first) allows you to present this proposal before the court. This can frame the discussion early on, increasing the likelihood that your concerns and priorities will remain central as negotiations or proceedings unfold.
Gaining Control Over Jurisdictional Issues
Jurisdiction refers to the court’s authority to hear and decide a case. Filing first offers strategic advantages in determining where the case will be heard, especially if you and your spouse live in different counties. Under Michigan law, one spouse must file in the family division of the circuit court where they reside. By filing first, you ensure the divorce will be handled in your county of residence, which could be more convenient for you. This control can impact travel, legal connections, and overall stress during what is already a difficult time.
This is particularly important if there are significant differences in how judges handle certain divorce issues in various local courts. For instance, some counties may be known for being more favorable in matters of spousal support or specific parenting arrangements. Filing first gives you an opportunity to frame the jurisdiction in a way that aligns with your case’s needs.
Protecting Against Unseen Risks
Another benefit of filing first is that you can avoid being surprised or caught off guard. When you file for divorce, you have the ability to prepare thoroughly with a legal professional. This preparation may include gathering financial documents, securing a new living arrangement, or discussing how to address complex property issues. Contrast this with being served divorce papers unexpectedly; you may feel pressured to respond quickly without fully understanding your own goals or options in the divorce process.
For example, if you suspect your spouse is hiding assets, filing first gives you the opportunity to start the discovery process right away. This ensures financial transparency and helps prevent delayed or incomplete disclosures that could disadvantage you later.
Debunking Common Misconceptions
One common misconception about filing first is that it guarantees an advantage in the settlement. It is important to note that Michigan is a no-fault divorce state, meaning that courts do not consider the petitioner’s role when dividing property or determining custody. While filing first carries strategic advantages, it does not mean the court will favor you over your spouse when ruling on the final outcomes.
Similarly, some individuals might worry that filing first signals hostility. However, deciding to file first is not about antagonism but about ensuring you have the structure and preparation needed to protect your interests and those of your family.
Moving Forward with Confidence
At the end of the day, the decision to file for divorce first depends on your unique circumstances. Factors such as your finances, living arrangements, parenting plans, and the complexity of your marital estate all play a key role.
If you’re considering divorce in Michigan, consulting with an experienced attorney is essential. A legal professional can guide you through the decision-making process, help you understand your rights, and make sure your case is handled with care. At the Law Offices of Michael A. Robbins, we have over 30 years of experience helping individuals like you achieve fair and equitable outcomes. Contact our office today to schedule a consultation.