Does it Matter Who Files First in a Divorce?

Paramus NJ Certified Matrimonial Law Attorneys

If you are considering getting a divorce, you most likely have several questions running through your mind. The courts consider several different aspects of your marriage before deciding the outcome, however, there are certain preparations you can take to give yourself an advantage. Many people wonder if it matters who files first in a divorce. While the answer isn’t simple, many would agree that yes, it does matter who files first.

How is filing first advantageous?

If you file for divorce first, you will have a chance to prepare for the process. When you file first, you have already spoken with an attorney, and you already have all your legal paperwork ready to go. Additionally, you can hire a financial analyst to help manage your money and create a financial plan going forward. If your spouse files first, you may be scrambling to get all these things done–by taking the initiative, you can go at your own pace.

Can filing for divorce first save you money?

There is a very good chance that filing first will save you in the long run. By filing first, you allow time to choose the right attorney, create a financial plan for your future as a single individual, and even secure a line of credit before filing. Additionally, some spouses choose to file an Automatic Temporary Restraining Order–though in this case, it’s not because of violence or a threat of violence–rather, an ATRO can actually halt all financial activity in joint accounts and prevent your spouse from borrowing or lending marital property, or changing your insurance, investment, or retirement terms.

Why else should I be the first to file for divorce?

Generally, divorces are decided in the jurisdiction in which they are filed. If your spouse is living far away and files first, you may have to travel to his or her location for divorce proceedings. Rather obviously, this is a huge inconvenience, especially if you have to make multiple trips to somewhere far away. Additionally, you may find that there are certain advantages to filing in your state, as opposed to where your spouse is currently residing. If you are ready to begin the divorce process, speak with our knowledgeable firm today.

Contact our experienced Bergen County firm

At Townsend, Tomaio & Newmark, our attorneys have extensive experience helping clients to understand and protect their legal rights before, during, and after the divorce process in towns across New Jersey and Bergen County, including Hackensack, Ridgewood, Paramus, Teaneck, and Fort Lee.

To speak with our team of divorce lawyers today in a free and confidential consultation regarding your concerns about moving out of your marital home during your divorce, please contact us online, or through our Hackensack, NJ office at (201) 397-1750.

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