Are There Benefits to Filing for Divorce First?

Though it is a sad reality, you and your spouse may have reached the same conclusion that it is best to go your separate ways and get a divorce. But you may not necessarily agree on the finer details, such as how your spousal support, child support, child custody, and property division should be arranged. This may require your divorce case to be taken to trial. For this, one of you must take the initiative and serve the other with divorce papers. Well, follow along to find out whether there are known benefits to filing for divorce first and how one of the proficient Clarksville divorce lawyers at Fendley and Etson can help you figure out your legal strategy.

Are there known benefits to filing for divorce first?

You may feel a sense of guilt that you are betraying your spouse by serving them with divorce papers, even if you mutually agreed to the dissolution of your marriage. However, you must understand that being the one who files for divorce first may come with great benefits, such as the following:

• You would be named the plaintiff of your divorce case, so you may get to present your argument first.
• You would get the last word in your trial proceedings, as you get to
• You would get to choose the timing of your trial proceedings, which may work best for your legal and personal schedules.
• You would get to file in the Tennessee county you have lived in since your separation, so you may avoid traveling far for court appearances.
• You would give yourself enough time to collect evidence for your case, such as financial records, witness testimonies, written communications, etc.
• You would prevent your spouse from having time to hide assets, by being the first to hire a forensic accountant, recording all financial information first, etc.

Are there drawbacks to being the one who filed?

You should not rush your divorce paperwork simply for the sake of being the first one to do so. What’s more, your decision to file first should not be driven by your emotions or pride. That is, there may be drawbacks to being first, which read as follows:

• You would not hear your spouse’s arguments first and adjust what you are negotiating for as necessary.
• You would end up paying more for serving your spouse with a copy of the Summons, Complaint, and Notice of Initial Hearing.
• You would not gain any advantage with how the court settles your spousal support, child support, child custody, and property division.

Now that you have this background knowledge, your next step should be to employ one of the talented Clarksville family lawyers to represent you. So contact us at Fendley and Etson today.