Are There Any Advantages To Filing First?
Are there advantages to filing first?
It depends. Discuss with your attorney whether there are any advantages to you filing first. Your attorney may advise you to file first or to wait until your spouse files, depending upon the overall strategy for your case and your circumstances. For example, if there is a concern that your spouse will begin transfer assets upon learning about your plans for divorce, your attorney might advise you to seek a temporary restraining order to protect against such an action, without giving prior notice to your spouse. However, if you are separated from your spouse but have a beneficial temporary arrangement, your attorney may counsel you to wait for your spouse to file.
Allow your attorney to support you in making the decision about whether and when to initiate the legal process by filing a Petition for Divorce.