Failing marriages tend to be emotional, and may lead to spouses feeling burnt out, confused, and upset. For many couples, it may be difficult to decide when filing for divorce is necessary. Many people see divorce as a last resort, or something that should be avoided. Although the process of divorce can be uncomfortable, there are benefits to filing for divorce before your spouse does. Divorce proceedings tend to be painful, however, finding an experienced divorce lawyer can make the process easier.
Being the first person to file for divorce often comes with special advantages. One advantage is having a longer time to prepare your case, find a lawyer, and gather paperwork. Preparing these necessary items allows you to be one step ahead of your spouse. It also gives you an opportunity to be prepared for questions about dividing assets, child custody, and other important topics related to divorce. After filing for divorce, your spouse will have less time to prepare their materials for court.
Filing for divorce before your spouse allows you to get your financial matters in order. The process of divorce oftentimes comes with expenses that are burdensome. The spouse who files for divorce is given the privilege of deciding when divorce proceedings will take place. Having time to prepare your finances will allow the process to be much easier and gives you the opportunity to focus on the case, instead of the expenses.
Protecting Your Assets
During the divorce process, the responding spouse may attempt to hide assets, which can ultimately compromise your case. To avoid this, the filing party has the opportunity to file for an Automatic Temporary Restraining Order. Unlike a typical restraining order, an ATRO helps ensure that your spouse does not attempt to change bank accounts, sell property, or alter beneficiaries on certain policies.
Benefits During Court
During court, the spouse who files for divorce gets a few advantages that the responding spouse does not. One of these advantages is having the opportunity to make the first opening statement. Speaking first comes with many benefits, and it can be helpful for your case. It allows you to set the tone, which may ultimately have an effect on the judge’s opinion on your case. Similarly, the filing party also has an opportunity to present the closing statement. Presenting your statement last will ultimately keep your perspective on the case fresh in the judge’s mind. This can ultimately help you have a more favorable outcome than your spouse.
The divorce process can be a mentally and emotionally taxing experience. We specialize in handling divorce cases with compassion and are determined to provide support throughout the case. If you or someone you know is considering filing for divorce, please contact us online or call us at (856) 512-1461 for a free consultation. Our offices are in Marlton and Somers Point, New Jersey, where we proudly serve clients throughout South Jersey, including Camden County, Burlington County, and Atlantic County.