Last updated on April 8, 2021

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To help ensure accuracy, this page was written, edited and is periodically reviewed by a knowledgeable team of legal writers per our editorial guidelines. It was approved for publication by founding attorney Samuel Siemon, who has amassed extensive experience as a Georgia family law attorney. Our last modified date shows when the page underwent a review.

The Race to Divorce Court: Filing First in Georgia

Maybe you’ve been in a deteriorating relationship for years. The relationship has basically run its course and it’s only a matter of time before you or your spouse files for divorce. In this situation, why be in a hurry? Right?

Wrong. There are actually numerous benefits to being the first one to file for divorce in Georgia. In fact, depending on your circumstances, the stakes could be high regarding how you handle your divorce, and being the one responding to the complaint can put you at a significant disadvantage.

Why You Should File First

  • Strategic advantage: A good offense is the best defense. Filing first can allow you more time to prepare a sound strategy and preemptively handle many potential problems in the divorce process. By initiating the process, you will be more in control of the proceedings.
  • Practical advantage: You will have more time to research to find the right attorney for you, prepare paperwork and set the schedule.
  • Financial advantage: By having more time to gather bank statements and other financial documents before the divorce starts, you will have a significant advantage when it comes to the financial aspects of the divorce. Further, if there is any chance of your spouse hiding assets during the process, being the first to file will give you a greater chance of preventing that action or uncovering the hidden assets.

You can read more about the importance of filing first for divorce in our article on the topic. By filing first, you will be the one taking the initiative, setting the tone for the proceedings and obtaining the strategic advantage.

Although many people think this is a good idea, they continue to wait, only to find the other spouse has beaten them to the punch. Do not make this mistake. Call an attorney immediately to begin the preliminary steps to being the first to file for divorce.

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How The Siemon Law Firm Divorce and Family Law Attorneys, P.C. Can Help

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