When Is it Advantageous to File for Divorce First?

In Arizona, as in other states, when a couple decides to divorce, one party must file the petition. The person who files the petition is known as the petitioner, while the other party is called the respondent. Some people wonder, is it advantageous to file for divorce first? There may not technically be any benefits, but there could be some emotional and financial advantages that people sometimes overlook.

Gathering Your Team of Experts

As with any adversarial encounter, it is in your best interest to gather together a team of the best professionals you can. Include an experienced divorce attorney, a financial analyst, and a therapist, if possible. Assembling your team early helps you get a jump start on the process, and keeps you from making any hasty decisions that could negatively impact your divorce.

Compile the Documentation You Need

Before the divorce process officially begins, you still have access to all of the documents you will need. If you wait until later, you could find it much more difficult to gain find all of the information that is required if the other spouse attempts to hide this information. This is especially true if you will be the one moving out of the family home. You may no longer have the ability to look for the items that will help you in the process.

Make Sure That You Have Accessibility to Your Bank Accounts

Your bank accounts are supposed to be part of a temporary injunction during a divorce. This means that neither you nor your spouse will be legally able to remove funds other than for specific purposes such as food, clothing, shelter, and attorneys’ fees. Before the divorce begins, make certain that you have a complete list of all of your joint bank accounts, stocks, pensions, loans, and credit cards. This information is essential when trying to divvy up assets and debts. This also gives you the ability to prevent your spouse from moving money or setting up a separate account later on.

Keeping Your Emotions in Check

While you and your spouse may have been having marital difficulties for some time, you may feel better about the decision if you are the first one to file for divorce. You may feel more in charge of your emotions, and your life. It is better not to be blindsided by a divorce, since this can be devastating, both emotionally, and financially. If you are about to file for divorce, you need guidance from a skilled divorce attorney. Call the legal team at Udall Shumway PLC to schedule a consultation today.

This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Is It Advantageous to File for Divorce First, or any other family law issue, please feel free to contact Steven H. Everts at 480.461.5300, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.