If you are thinking about filing for divorce from your partner and you believe that they are thinking the same thing, should you rush and try to file for divorce first? In the grand scheme of things, who files first doesn’t usually make a huge difference. However, a Morton divorce lawyer from our firm can tell you that filing first can sometimes come with an advantage or two.
Should I Try to File for Divorce First?
Filing for divorce first is a good idea if you know that you have all of the required documents and information put together and that you are otherwise prepared to move forward with this process. It’s not a good idea to file first if you are not adequately prepared for your divorce to begin.
So even if you suspect that your spouse is racing to file for divorce first, don’t rush things on your end. You are better off waiting, preparing, and getting ready to file a response to your spouse’s filing than you would be rushing into things.
What Are the Advantages of Filing for Divorce First?
When you file for divorce first, that does allow you to do two important things right away. First, you get to tell your side of the story. That means that your spouse needs to respond to you. You’re setting the parameters of this case. Second, you choose which jurisdiction to file in. If your spouse has moved away, this could be an annoyance for them.
But really, the main advantage of filing first is that you get to be the one who is best prepared. Presumably, you have already talked to a lawyer and other professionals, like a financial advisor. You have all of your paperwork together. Now your spouse has to play catchup.
What Do I Need to Have When I File?
Filing for divorce requires a lot of paperwork. If you think that you are ready to move forward with this process, we recommend that you gather up documents like:
- Tax returns and W-2s for the last two years
- Bank account statements for at least the last 12 months
- Recent retirement account statements
- Property deeds
- Titles to vehicles
- Vehicle registrations
- Wills or trust documents
- Current credit reports
- Recent statements from all credit cards and evidence of other debts
What Should I Do If My Spouse Files First?
If your spouse does file for divorce first, don’t panic. Take time to meet with a lawyer and gather up the necessary paperwork. Rushing your response is never advisable.
It’s also never a good idea to just ignore the divorce papers you were served with. This can result in a default judgment for your spouse that awards them everything they asked for.
Talk to a Divorce Attorney
When you are ready to file, make sure that you have everything that you need and an experienced attorney who is ready to advocate for you. Contact Butler, Giraudo & Meister, P.C. to schedule a consultation with our team. We’re ready to answer any questions that you may have.
