Does Filing for Divorce First Help My Case?

Many people wonder if they are better off filing for divorce first – as opposed to being served with divorce papers themselves. Divorce is a complicated legal matter, and you naturally want to obtain any advantage you possibly can. It’s important to recognize, however, that every divorce is specific to the couple and the circumstances involved and that there is no universal best path forward. If you have determined that you need a divorce – or if you believe that your spouse is preparing to file for divorce – the most important first step is consulting with a dedicated Tampa divorce attorney.

Filing First

You and your divorcing spouse must both adhere to the same legal rules, and the court must afford you both the same legal rights – regardless of who files for divorce first. This being said, there are a few instances in which filing first may be to your advantage, including:

  • If you are living with domestic violence and need an emergency court order, filing for divorce immediately can help you address the concern more quickly and thoroughly.
  • Filing for divorce first generally means that you’ve done your homework, including gathering and organizing all necessary financial documentation, which can give you a psychological boost. This is beneficial only in the sense that it may stop you from burying your head in the sand, which can be very detrimental (but isn’t uncommon and is understandable). The emotional upheaval of divorce can make addressing the administrative tasks, such as gathering financial information, exceptionally arduous, and addressing the matter before you’ve been served can help take some of the sting out.
  • If you’re moving toward divorce, someone will need to file. This is a given. If you have come to the very difficult decision that a divorce is the right choice for you and you’ve done the legwork, there is no reason to wait for your spouse to file. As with so many other things in life, there is an advantage to being proactive – rather than waiting for things to happen to you.

There is no real legal advantage to filing first. The most important considerations when it comes to divorce are not rushing the decision-making process and proceeding at a pace that works for you (within the parameters of your resourceful divorce attorney’s guidance).

Seek the Skilled Legal Counsel of a Dedicated Tampa Divorce Attorney Today

Divorce is too consequential – and there are too many moving parts – for one approach to be the best approach in all situations. This means that if the time is right for you to file, you should, and if you’re not ready, you should wait. In other words, making divorce a race to the finish is unlikely to support your best interests. Attorney Mark G. Rodriguez at the Law Office of Mark G. Rodriguez, P.A., has the experience and legal acuity to help you move forward with a divorce strategy that is right for you. Your case is important, so please don’t wait to contact us online or call us at 813-227-9642 for more information today.