Benefit to Filing First in Divorce?
In a Divorce, is There a Benefit to Filing First?
Experienced Murfreesboro divorce attorneys explain how fast filing can help
Divorce can often feel like a battle. You and your spouse may have become so embittered by one another you feel like you need to constantly one-up each other and get whatever “wins” you can. One of the first “wins” you can get in your divorce is filing first – both a symbolic, and literal, win.
One benefit of filing for divorce first is that you jumpstart the process. Many couples may talk about divorcing for a while, and they may even formally separate for a time, but often put off filing for divorce, knowing it will set off a contentious and expensive process.
When you file for divorce, the judge issues an injunctive relief that freezes certain actions. For example, the relief orders that spouses cannot transfer or borrow against assets, cannot conceal or dispose of property, cannot cancel or modify insurance policies or change beneficiaries on accounts, and so on. The injunctive relief also prevents spouses from harassing, threatening, or assaulting one another, from making remarks about the other in front of their children, or relocating outside Tennessee with the children. By filing for divorce first, you are in control of when that injunctive relief is issued. So, if you suspect that your spouse might have some sneaky plans up his or her sleeve, go ahead and file and put the legal kibosh on those plans.
By filing for divorce first, you also gain some strategic advantages. You will have already met with your divorce attorney before filing, and you will have already discussed your strategy. Once you file, your lawyer will be ready to hit the ground running, while your spouse may still be scrambling to even hire a lawyer. If your divorce has to be litigated, you will be the first to present your case since you were the first to file. That means that your divorce attorney will present arguments and evidence first, and first impressions count.
The Murfreesboro divorce attorneys at Kidwell, South, Beasley, and Haley always recommend to clients that they file for divorce, if possible, to take advantage of the many benefits. When you come to our office for a consultation, we will discuss a potential strategy for success, and that will likely include filing for divorce as quickly as possible – especially if you think your spouse is getting ready to file. We may make a different recommendation if there is an advantage to a certain filing date.
If you are currently separated or are considering separating or divorcing, call our office at (615) 893-1331 to talk with one of our dedicated Murfreesboro divorce attorneys about your legal options. You can also use our secure, online form to schedule a consultation. We’re ready to help you fight for the divorce settlement you deserve and to get the custody arrangement that you desire.