Divorce can be one of the most stressful, emotionally and financially draining experiences one can go through. The feelings of betrayal, anger, and loss can bring out the worst in good people. Given the high stakes, it’s natural to want to gain an advantage over your spouse during this process. As such, you may be wondering whether it matters who files for divorce first. Please continue reading to learn the potential advantages that come with being the person to file for divorce first and how a knowledgeable Garden City Divorce Lawyer can fight for you today.
Does Filing First Affect the Outcome of Divorce in New York?
It’s not uncommon for many to assume that the person who files for a divorce first will receive a significant advantage in the outcome of the case. However, this is not true. For the most part, who files for divorce first doesn’t make a difference in the outcome of a case in New York. Nevertheless, filing for divorce first does allow you more control over the situation from the beginning.
What the Law Says
- Filing first does not change the equitable distribution rules for dividing property
- Filing first does not impact child custody standards (the court must adhere to the best interest of the child standard)
- Filing first does not give preference in support determinations
Strategic Advantages of Filing First in New York
While filing first won’t impact the court’s view on your case, you should note that it can have some advantages.
More Time to Prepare Your Case
If you file first, you can reap the following preparation benefits:
- Consulting a Garden City divorce attorney early
- Gathering financial records and evidence, like bank statements and tax returns
- Preparing for asset protection (If you suspect your spouse is hiding assets)
- Emotional-readiness
Opportunity to Request Temporary Court Orders
Similarly, by filing for divorce, you have the option to request certain temporary court orders. This can help establish:
- Temporary custody
- Temporary child support
- Temporary alimony
- Exclusive use of a shared home
- Protective orders if domestic violence is present
You Control Where to File
One of the most significant advantages of being the petitioner in your divorce case is that you can choose where to file. Generally, so long as you meet the residency requirements to file for divorce in New York, you can choose what county to file in. This is beneficial if you and your spouse reside in separate counties and you wish to reduce travel and simplify your schedule. For those in Garden City looking to get a divorce, you will most likely file in the Nassau County Supreme Court.
Ability to Present Your Case First
While presenting your case first is generally most beneficial in fault-based divorces, such as those filed on the grounds of abandonment, domestic violence, or misconduct, it allows you the ability to frame the narrative for the judge. Presenting first will give your attorney the opportunity to control the narrative, rather than responding to your spouse’s claims.
Potential Downsides of Filing First
Though there are some advantages to filing first, you may find that there are also disadvantages you can face if you choose to file first.
Additional Filing and Service Costs
Generally, when you file, you are responsible for paying the required filing and court fees, which typically cost $210. When combined with the cost of a process server to present your spouse with the divorce papers, this can cost over $300.
Can Cause Financial Strain if Spouse Controls Funds
In the event your spouse retains control of your financial accounts, it can create short-term challenges when filing. You may find that you need funds for the court costs and an attorney, which may be difficult to access. Additionally, if your spouse knows about or anticipates a divorce, they may restrict access to shared accounts as retaliation for your decision to file.
Do Both Spouses Need to Agree to the Divorce?
New York is a no-fault divorce state. This means you are able to file on the grounds of breakdown of the marriage lasting at least six months, which means you do not have to prove wrongdoing by one spouse to obtain the divorce. Additionally, you do not need your spouse’s consent to get a divorce.
If your spouse does not agree, they can contest the terms and conditions of the divorce, initiating a contested divorce. Similarly, if your spouse refuses to respond because they disagree with your decision, you may seek a default judgment, allowing you to proceed with the divorce without their participation.
When Filing First Offers the Most Benefit
Situations where filing for divorce first is typically the most advantageous include:
- Domestic violence situations that require immediate protection
- When you suspect your spouse will hide assets
- If you believe your spouse may attempt to move your children
- When you need control over the timing and location of the divorce proceedings
- When there are high-value assets or complex financial situations
Contact Our Experienced Nassau County Divorce Lawyers
Every divorce situation is unique. Therefore, filing for divorce first in Nassau County could provide some strategic benefits depending on the specific factors involved. If a divorce is imminent, please don’t hesitate to contact a determined Garden City divorce lawyer from the Law Offices of Eyal Talassazan, P.C., who can help you protect your rights and interests during these challenging times.
