Is It Better to File for Divorce First?

If you've been contemplating a split or have already discussed getting a divorce with your spouse, the next step is to get the ball rolling.

But, should you be the one to go through the hassle of filing? Here are a few reasons why initiating a divorce can be beneficial.

Filing for divorce takes a lot more work than answering a divorce. However, there are some advantages to taking the action yourself.

Building your legal team

Thinking ahead gives you a chance to build a solid legal team and retain additional professional resources as needed. When you have time on your side, you can interview and choose the attorney that will be the best fit for you. Legal advice will also help to point you in the right direction.

Getting financially prepared

You'll need time to get your financial picture in order. That means gathering financial information, such as bank statements, tax returns, pay stubs, investment information, and other relevant information.

Filing for divorce also ensures that you have access to funds and credit beforehand. If you don't already have a credit card in your own name, now is the time to do that.

It's also a good idea to start saving money - in your own accounts - as soon as you expect you might file.

Decide which jurisdiction to file in

When you are the first to file for divorce, you have control over the location where your divorce will happen, which can influence the outcome of the issues. This is most important if you currently reside in different counties or have homes in different states.

Some states even allow you to file for divorce under their jurisdiction if the reason for the divorce happened in that state.

Taking action instead of being reactive

Much of the divorce process will be out of your control, but being the first to take action and decide may give you emotional strength.

There are certainly some advantages to filing first, but let advice from your attorney be your guide to ensure the best possible outcome.