Divorce: Should I File First?

26 Jan Divorce: Should I File First?

If divorce seems inevitable in your marriage, the question of which spouse is going to file first may become a source of stress. At NB Family Law, we acknowledge that this is a difficult time and have provided some advantages and disadvantages to being the one who files first for divorce.

What are the advantages of filing first?

Often, the filing party will be the first to present evidence and make their case in court.  It can be beneficial to be the person setting the initial tone of the case and telling your story to the judge first. You also get to pick the jurisdiction (location) in which the case will be heard (if multiple jurisdictions are in play).  If you and your spouse have already moved out of where you lived together as a married couple and moved to different counties, it is nice to be able to file in the county in which you live in to reduce the potential of travel for court appearances.  

What about the disadvantages? 

There are some reasons that could cause you to want to wait on filing for divorce first.  For example, the financial burden that comes with a divorce could be a deterrent. The person who files has to incur the initial fees associated with it (although there is not a significant difference). Another factor could be that filing for divorce goes against your religious and/or cultural beliefs or the beliefs of those around you.  You may also be waiting for the other person to file to see if they will acknowledge a fault ground. For example, if your spouse is unfaithful, you may be waiting to see whether they file and acknowledge any wrongdoing and/or identify the position that they may take in initiating the suit.

While this barely scratches the surface of the questions you may have about getting divorced, our experienced divorce attorneys at NB Family Law are available to discuss your options. Please call (940) 566-0606 or visit nbfamilylaw.com to schedule a consultation.