Should I File For Divorce Before My Spouse Does?

One of the most frequently asked divorce-related questions is whether it matters who files first. Though New York courts consider several different factors when determining the outcome of your divorce, who files first certainly can play a role. Please read on to learn more about why you should file first.

What are the benefits of being the first one to file?

There are many potential advantages of being the first one to file. Generally, being the first one to file means you have taken all the necessary preparations for a smooth transition. For example, imagine your spouse sprung a divorce on you tomorrow. You would be left in the dust, catching up as best as you can. You may scramble to hire the first divorce lawyer you speak with, perhaps sketch out a rough budget plan, and more. Now, if you are the one who files first, you would have already had plenty of time to choose the best lawyer for you, create a comprehensive budget plan, and more.

Additionally, it is well worth noting that generally, divorces are handled in the jurisdiction in which they were filed. Simply put, this means that if your spouse was the first one to file, and he or she is currently living in a different state, you may have to travel, perhaps multiple times, to and from his or her location. While this may not be a big deal to some, we think it’s fair to say most people have better things to do with their time. When you hire our firm, we work to settle your divorce as swiftly and efficiently as possible.

Will I save money if I file for divorce before my spouse does?

In many cases, the answer is yes. As stated above, by filing first, you would have already created a comprehensive budget plan, perhaps with a financial analyst so that way you know where you stand and are financially confident enough to proceed with the divorce. Additionally, many spouses will secure a line of credit, and even file a temporary restraining order against their spouse. Though this may sound unwarranted, the truth is, when you file a TRO, your marital assets are frozen, and your spouse may not borrow or lend marital funds until the divorce is finalized. A TRO will also prevent your spouse from changing and terms relating to retirement, insurance, or even investments.

Contact our experienced New York firm

Peter V. Mandi, Esq. is an experienced divorce and family law attorney located in Bohemia, New York. Our firm understands the impact a divorce can have on your life. If you require strong and dedicated legal representation in Long Island, New York, please do not hesitate to contact Peter V. Mandi & Associates, Inc. today.