Divorce can be a challenging, emotional, and uncertain life move. The advantages may seem minor, but securing the option to file first can go a long way in ensuring security for many. In this post, we will discuss why, in many ways, it is advantageous to begin the divorce process first and look at some of the legal and emotional benefits of making this decision.
Legal Advantages
Being the first to file for divorce can be advantageous under various state laws. Deciding on jurisdiction is one of the significant benefits of filing for divorce first. Some states or regions can be more lenient regarding the distribution of assets, custody, or spousal support, as every state has different laws regarding divorce. Filing first allows people to choose the jurisdiction they wish to be in that best suits their interests. To a certain degree, whoever intends to file should file first since that party determines the timing of the process. You can control how fast it goes, which is vital for people, as this helps manage expectations and set the pace. This step can help individuals feel safe. Seeking professional legal counsel early is crucial.
Emotional Preparedness
While facing issues is a key aspect of such cases, divorces are driven by something more fundamental. They are more emotional. Hence, emotional preparedness for a divorce is necessary. So, the first to file is often driven by an emotional readiness to move forward with the divorce. Taking the first steps can be empowering, giving people some control during a highly uncertain time. This may help manage the emotional strain of a divorce. The first step also provides time to plan mentally. An idea of what is coming can help reduce some anxiety and help one visualize a future.
Financial Considerations
Divorce is also one of the most stressful situations in life, as financial issues frequently come high on the list of concerns. The financial benefits of filing first include asset protection. Courts usually prevent parties from changing their financial status when the process starts, especially if money is directly relevant to the case. This helps keep assets in place until they can be divided appropriately. Additionally, those who are first to file can create a fiscal plan. Knowing the financial landscape early offers direction about budgeting, spending, and setting future financial goals. If there is a solid plan, the stress from the impending financial disruption can be reduced.
Custody and Parenting Time
For some couples, custody and the arrangement of their children are the most crucial parts of a divorce. Filing first may benefit people who want to take the lead in determining these arrangements. Custody decisions are often based on continuing the status quo, and courts consider that. This process allows individuals to create a living situation that fits how they would like the eventual custody arrangement to unfold. Another reason to be the first to file is that parents can suggest a parenting plan that is in the best interests of their children.
Psychological Impact
The psychological toll of divorce cannot be overstated. Filing first allows you to handle the situation better, showing readiness. When everyone is overwhelmed, taking charge and making the first move helps mitigate helplessness. Plus, the feeling of empowerment from filing for divorce first can be a massive mental health boost. In addition, first filers have a shorter period of uncertainty. Being aware that it is happening can feel free and allow one to focus on recovering and moving on.
Conclusion
There are many advantages to being the first to file for divorce, from legal and financial to emotional and psychological benefits. Those who take the reins can control how it goes, which leads to better results. Every situation is different, but knowing how to use filing first to your advantage can help you make the right choice during a difficult time. However, whether you should file first is based on your situation and objectives. Seeking the advice of attorneys helps determine whether filing first is in the person’s best interests.