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James D. Madden & Aruna P. Rodrigo, Family Law Attorneys

Should I File For Divorce First? 02-19-2016

Should I File For Divorce First?

If you are sure that your marriage cannot be fixed, it might be a good idea to dissolve the union. However, is it a good idea to file for divorce first? The simple answer is yes. The benefits of filing for divorce first outweigh the disadvantages. In order to help you decide for yourself, we have put together some of the benefits, as well as the hindrances of filing for divorce first.

The Benefits of Filing for Divorce First

  1. Decide on divorce proceedings – By filing for divorce first, you decide when court dates are established. If you and your spouse live in two separate states, you decide under which jurisdiction the divorce is held.
  2. More time to prepare for the divorce – When you file for divorce first, you can better prepare for what you will ask and begin planning a life separate from your spouse. In particularly unstable relationships, filing first allows you the element of surprise. If you believe your spouse would object or hide assets, you can limit vulnerability. You also have more time to gather the appropriate documents and files you will need.
  3. End date of marriage – California is a community property state. Both parties must share assets and funds acquired during a marriage. However, when an individual files for divorce, they procure an end date for the union. Any assets or monetary gains obtained after this date do not need to be shared.
  4. Peace of mind – If your marriage is volatile, filing for divorce may offer the relief you need. It may be unsafe to remain with an abusive or manipulative spouse. Filing for divorce first allows you an avenue to leave.

The Disadvantages of Filing for Divorce First

The primary disadvantage of filing first for divorce is that you notify your spouse the conditions of your divorce settlement. This allows the other party to gather their own defense and compile their own demands. However, with a qualified divorce attorney, you can help see to it that the court rules in your favor.

At James D. Madden, Attorney at Law, we have a board certified family law specialist who has extensive experience helping individuals obtain the divorce they desire. If you have decided to dissolve your marriage, contact our Rancho Cucamonga divorce attorneys today.

Categories: Divorce Law

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