Last updated on March 16, 2023
It’s not necessarily wise to rush into a divorce. Rushing leads to more mistakes no matter what you’re doing, and that certainly is true with preparing for a divorce. It is best to take your time and make sure that you get all of the details right.
That being said, while there is no technical requirement for either person to file for divorce first, there can also be some advantages if you are the one to do so. So, though you don’t want to rush, it is something of a balancing act. It can be beneficial to act before your spouse does once it becomes clear that your marriage is coming to an end.
Gathering paperwork in advance
One advantage is that you can gather the paperwork that you need for the divorce long before filing. If your spouse files first, you might feel like you are scrambling to get caught up. But if you get things in motion before they know that you are going to file, you’ll have more time to get everything in order.
Accurate disclosure of assets
If you believe that your spouse is going to try to hide assets from you (which is illegal), waiting for them to file for divorce may give them months or even years to begin hiding these assets and removing them from your possession. If you file first, you may be more likely to receive an accurate disclosure when they file a response with the court.
Planning a divorce strategy
Filing first also gives you time to assemble a divorce team and work with them to create a strategy that will meet your needs. For instance, parents are often focused on ensuring that they get shared custody of the children. On the other hand, wealthy business owners may be focused on preserving their assets. Every divorce is unique, but you can plan for what your specific divorce will likely entail.
Getting started
If you know that you want to file for divorce, it’s important to begin looking into the legal steps you’ll need to take and all of the options that you have available to you so that you can make informed decisions.
