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.
Is it Better to File For Divorce First in New York?
For the most part, who files for divorce first doesn’t make a massive 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, as you will have time to prepare properly. Being the person who initiates divorce proceedings enables you to consult a divorce attorney, giving you more time to strategize. In addition, you will have more time to gather relevant information, such as financial and communication records (texts, emails, and social media posts). It’s beneficial to begin planning for your financial future. Sometimes, a spouse will attempt to hide assets once they know the divorce is imminent. By adequately preparing and having the necessary documents ready, your legal counsel can strategize ways to prevent yourself from becoming a victim.
It’s crucial to note that the person who files first, also known as the petitioner, will have the first opportunity to request temporary orders while the divorce is pending. For instance, if you’re the victim of domestic violence, a temporary order can ensure your safety. In addition, you can be awarded temporary child custody or temporary child or spousal support orders. Furthermore, filing first means you will be the first to present their side of their case.
What Are the Potential Downsides?
When you are the first to file for divorce, a marginal additional cost is associated with serving your spouse the divorce complaint. To properly serve your spouse, you may need to pay for a process server, which can cost around $100. Hiring a process server can be challenging if your spouse is trying to cut you off financially or make it difficult for you to get by on your own. If your spouse controls your money, you could be left in a bad spot.
Every divorce situation is unique. Therefore, filing for divorce first 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.
