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What are the Financial and Legal Advantages of Being First to File for Divorce
If your marriage has broken down and cannot be repaired and you’ve decided that it’s time to declare it’s the end, then a divorce is imminent. It is wise to research the benefits of being the first to file for the divorce. There are legal representatives on the market that will argue that there’s no advantage or disadvantage over being the first to file for dissolution.
But there are, indeed, advantages over being the first to contact a Miami divorce attorney in order to file for divorce. Take your time in choosing your attorney. You don’t want to choose a lawyer on the fly. If you are served with papers, you have a short period of time to find a lawyer and file an answer within the thirty-day time limit after you get served with papers.
An advantage to File First a Divorce
If you file first, you have the time to prepare yourself mentally and emotionally as best you can. You also can prepare yourself financially for the divorce. You will also be more in control of the timeline of how the proceedings play out. As the first person to file, you will be known as the petitioner. The petitioner’s counsel gets the right to make the first argument when the trial begins.
If you are the one to begin the process of disillusion then you can start protecting the community assets before your spouse. Filing first also can stop your partner from stalling. Both parties are rarely in 100% agreement on ending the marriage. Filing first gives the opposing party less time to prepare for the divorce.
The Division of Property
If you are the first to file for divorce, you have strategically placed yourself in the offensive position rather than the defense. In an ideal world, you and your spouse will work together to divide the marital assets and go through the dissolution proceedings in a manner that is amicable and orderly. If there is an anticipation of conflict regarding custody of any children born within the marriage or the division of property, then you definitely need to consult a Miami divorce lawyer to assist you with protecting your best interests as far as your family and your possessions. Any debts that have been amassed during the marriage are included in the marital assets. When the marital assets are divided this includes a division in the responsibility for any marital debts.
When the divorce is final, the judgment will include determinations of:
- The official date the marriage ended
- Who will be the custodial parent
- Visitation schedule for the non-custodial parent
- Determination of child support
- Determination of who will pay for health insurance for the child(ren)
- Division of property
- Alimony (if any)