Divorce is a significant legal matter that can be complex to navigate. With your future at stake, it’s natural to want to gain an advantage over your spouse during the divorce process. As such, you may wonder whether it matters which party files for divorce first. Please continue reading to learn the potential advantages of being the spouse who files for divorce first and how a trusted Garden City Divorce Lawyer can help guide you through these complex matters.
What Are the Advantages of Filing for Divorce First?
In most cases, the party initiating divorce proceedings does not substantially influence the case’s ultimate resolution. Essentially, it does not have a significant impact on the outcome of the case. However, petitioning for divorce proper to the other party affords greater control over the situation, enabling ample time to properly prepare for the ensuing process. If you are the petitioner in a divorce you can choose where in the state or county to file your divorce, as long as you meet certain residency requirements.
In addition, when you file first you will have more time to process your emotions for negotiations and litigation. If your spouse files for divorce, you may feel surprised and unprepared. If you file for divorce first you will have adequate time to contact professionals. Having the opportunity to consult a divorce attorney will enable you to strategize how to achieve the best possible outcome. It’s important to note that the petitioner is usually the party that presents their information before the judge first. This can be beneficial if you file for a fault-based divorce as you can present your evidence first. If you are the victim of domestic violence, filing first will enable you to request temporary orders while the divorce is pending.
Do Both Parties Have to Agree to a Divorce?
A common question that arises when considering a divorce is whether both parties need to agree to dissolve the marriage. Fortunately, both parties don’t have to agree to a divorce in New York for the divorce to be finalized. If one party files for divorce, the other spouse is entitled to contest it. A contested divorce can be filed if spouses agree to get a divorce but don’t agree on the terms that will apply to the termination of the marriage. If a spouse fails to respond or to properly participate by not engaging in the legal process, the filing spouse can request a default judgment.
Every divorce is unique. As such, filing for divorce first could provide certain strategic benefits. If a divorce is imminent, it’s in your best interest to contact a determined Garden City divorce lawyer, who can help you determine the best course of action given the unique circumstances of your case. Connect with a lawyer from the Law Offices of Eyal Talassazan, P.C., who can fight for you.
