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Filing for divorce first could win you some advantage

You’re getting ready to file for divorce, but you’re not sure if the time is right. Your uncertainty could put you at a disadvantage if your partner beats you to the punch.

Divorce can be hard, but it can get harder when your partner is the one serving the divorce papers. There are certain advantages to be had when you’re the first to file, so it will likely be in your best interest to be confident in your decision and act.

Heading off the past

Acting first can put you in a better position at most stages of the proceedings:

  • Jump start: Your spouse will generally have a window within which they will need to respond. This means you have time to speak with counsel and get prepared, while they will be working under the clock.
  • Location: You might get to pick the court that hears the case. This could make a big difference in the outcome. Indiana favors meaningful and continuing contact with each parent, but Kentucky has gone so far as to set joint custody as the default starting position.
  • Petitioner: Since you file first, you get to present your argument to the courts first. This means you can set the narrative that your partner then must disprove.
  • Assets: You’ll be able to figure out a game plan for your assets. The courts will need to determine what is marital property before dividing. This will give you time to build a case as to why your partner shouldn’t receive a share of certain property.

Divorce can be a hard decision to make, but there are advantages to being the one on the serving end. Getting what you deserve after your marriage could hinge on who files first.