At MR. We help you navigate all legal hurdles before you and provide you guidance to avoid mistakes that will affect your future and that of your family. We will be at your side, fighting for your rights from the start and throughout the entire divorce process. Call us today at , so we can discuss your unique situation, answer your questions and concerns, and show you how we can help. The sooner you contact us the better, so we can get you in the best possible position before you file for divorce.
Since divorce can be stressful, you may choose to hire professionals to support you, such as a therapist for emotional support and financial planners or forensic accountants for financial protection. Starting to plan early allows you first pick of these resources.
You can also consider what time you may need to set aside to give your children your added attention and support. Our attorneys may be able to help you connect with appropriate individuals to help you prepare for your impending divorce and to gather all the documentation you may need.
It is an emotionally charged event most people never want to think about, let alone experience. When people are emotionally compromised, they tend to make rash judgments, which ultimately leads to decisions they later regret. Those decisions can have profound implications for your divorce. Getting help from others early in the process can help keep you level-headed and encourage rational, well-thought-out, logical decisions.
Planning for divorce early not only allows you the opportunity to pick the people who can help you, you also get a head start on finding and copying documents that you will need, such as mortgage statements; bank, brokerage, and retirement account statements; household bills; titles of ownership; and proof of insurance. As you make these preparations, ensure that you have all of your documentation organized and in a secure location. It can be beneficial to start saving money for the expenses of your divorce or to secure a line of credit to get you through the upcoming months before you formally file and let the cat out of the bag.
If you open new credit cards, do so in your own name. This can be important if the spouse filing divorce suspects that the other spouse will attempt to hide assets. The person who files for divorce also chooses the jurisdiction in which they litigate the divorce. In situations where spouses have lived apart from each other for a substantial period of time, possibly great distances from each other, filing the divorce petition first can prevent having to conduct matters related to the divorce far away from where a person lives.
If the matter should go to a hearing, the person who files the petition usually presents his or her case first. This can be a drawback for a spouse if he or she does not wish to reveal his or her strategy to the other spouse. The other spouse then has the opportunity to adjust the presentation of his or her case after seeing the other side. Many people become paralyzed by indecision when faced with such a monumental question as whether to file for divorce, or just wait until their spouses file first.
You and your spouse will automatically keep whatever separate property you each earned. In all other equitable distribution states, courts are still much more reluctant to assign the separate property of one spouse to the other.
However, if you live in one of the other 33 states, then this might be the biggest advantage of all. In all but 17 states, if your spouse has done something wrong, then it might have a significant positive impact on the outcome of your divorce.
Once again, the law varies state to state, but usually the faulty spouse is completely ineligible to receive spousal support a. When a divorce is particularly contentious, the initial filing can set off a maelstrom of tense emotions. These temporary orders can cover everything from spousal and child support, to child custody and parenting time, to who gets to remain in the marital home. When you file for divorce first, you get the first opportunity to make requests of the court for what you want the temporary orders to look like.
The court will then hold a temporary orders hearing in which your spouse will also be able to argue for what they want, but having the first word might set the tone and win you a slight advantage. In all 50 states, filing for divorce comes with some universal basic cost, regardless of whether you work with the most expensive lawyer in your state or go completely DIY.
Whatever the exact figure is, the money is due at the time of filing, so whoever decides to file the complaint might get stuck paying all of it. Most states offer fee waivers, for one thing, or you can negotiate splitting it with your spouse on your own. However, filing first opens you up to the risk of getting stuck with this entire bill. To Gain Jurisdiction in the Best Court Location In some instances there may be more than one court location where the divorce case may be properly filed.
In such instances it might be to your advantage to file first to make sure the case is filed in the court location that is most convenient for you.
The Wrong Reason to Postpone Filing for Divorce Some people wait for or encourage the other spouse to file for divorce first so the children will blame the parent who filed first for the failed marriage.
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