If you are thinking of a divorce, you might wonder, does it matter who files for divorce first ?
Although many people believe that filing for divorce first comes with beneficial, there are a number of possible disadvantages of filing for divorce first that exist as well. It is sage to look into all the possible results and take into account the potential risks. Some individuals find filing for divorce first more beneficial, but there are multiple pitfalls attached to initiating the divorce process.
Disadvantages of filing for divorce first
Divorce is a tough decision, and it effects emotionally along with long-term outcomes for both. While some consider trying to get back together, others believe divorce is the true option.
While making such a life-changing and strict decision, there are many decisions that need to be taken, which include who will file first.
1. You have to Pay More for filing for divorce first
You will have to spend more money on legal fees along with the various documents that you will have to fill out and the paperwork will require additional time and additional costs if you choose to file for divorce early.
In addition, if you are responsible for research filing fees, server fees and other related expenses, you may also be obligated to serve your spouse with divorce petitions worldwide.
- You will need a process server, which is an expensive option.
- If you settle later, you must also pay the spouse’s attorney fees.
- This is a long and complicated matter.
- You need to make conversant yourself with the court system.
2. Conflicts over Custody
If you file for divorce first with visitation issues, child custody is also affected. Your partner can fight for custody and visitation rights if he feels excluded from the decision-making process. A prolonged depression can be a battle that will be very expensive and can be negative for your children as well.
The child’s age, health, and relationship with both parents must also be taken into consideration. More Worse Courts give due consideration to each parent’s ability to maintain a stable home environment and to complete the needs of a child.
Further, It is also important to make sure that the child should have a strong relationship with both parents and a safe home environment. Although the judge’s ultimate goal is to act in the best interest of the child, keep in mind that this decision is never easy.
3. Excessive conflict
- Furthermore, Your partner is aware of the demands you make regarding the following:
- How will the property be divided?
- Custody of the child
- financial aid
- Financial assistance for children etc.
The whole process can disturb your spouse, leading to angry behavior or hostility. But, he will have plenty of time to counter or reject your terms. Simply put, it’s a long process that creates more conflicts.
4. Emotional damage
It is necessary to keep in mind that there is emotional damage, guilt, and regret before filing for divorce. If there is any opportunity of reconciliation, this is not the best option to consider.
In addition, the divorce process can impact family members, especially the children, so it is sage to prepare yourself emotionally and pensively through all the stages.
Furthermore, you can also find help from a professional which can be trusted family or friend who can help you keep a strong grip on yourself throughout the strategy.
An unknown point may affect the result and change your opinion. No one else can decide whether it is appropriate to initiate the divorce process or not. Although this selection should be thorough and fair, it is necessary that you make your own independent assessment.
5. Time-taking Process
If you are pondering if it is better to file for divorce first, you should know that it is difficult and wearisome.
Further, it is necessary to gather the required information and documents, complete the paperwork, and submit it to the court.
Divorce brings a psychological load and this difficult process requires extra time and effort, which can be proved tiring.
6. Difficulty in the Negotiation
Finalizing a divorce creates uncertainty and makes discussions more difficult.
This happens because your partner feels like they don’t have to settle for your demands and are no longer obligated to compromise.
They are less likely to discuss and agree to proper terms and conditions in any other situation.
7. No Advantage over the Final Decision
Earlier filing of divorce does not have any certain effect on the court decision.
- Furthermore, The court should test the testimony and evidence from both sides.
- The court determines custody.
- Distribution of property and other support.
You will speak first in court, but your partner will have the chance to present their side of the story. Your partner feels compelled to respond to the story you initially shared.
8. Public Record
The reality is that that your divorce will be made public is still another defect. Moreover, anyone can check your divorce details and harm you. You have need to avoid all people who know about your divorce.
9. Negative Outcomes
Criticism from the family, friends and others is one of the consequences you will face when filing for divorce. If you don’t have conformable evidence or a solid legal basis for your resolutions, you will reflect a negative impression.
It is necessary to keep in mind that filing for divorce first does not make sure a favorable result in court, even if you have a good reason. It is very important to weigh all the possible disadvantages and advantages before making a final decision on whether to divorce.
Further, Emotional and rude behavior can harm your judgment. If you do this, your partner can gather stronger evidence for the court case and give you minimum time to put together captivating reasons.
Final Words
The people who file for divorce earlier can face all expenses. They should keep in mind that they are presenting their cards to their partner. It is also necessary to take time and be prepared to guard yourself.
There are many factors that you should take heed before filing for divorce first so that they work in your favor. Your spouse will be conscious of your demands, targets and plans.
Finally, you should search for the ideal position and conditions. Additionally, consulting with an experienced lawyer or legal team may serve your best interests.
FAQ’s
Is it better to be the one who field for divorce?
The most obvious advantage of filing for divorce first is that the petitioner has to present his evidence first in the trial. Thus, the petitioner has the advantage of being able to decide which witnesses to call first at trial and in what order.
What are normal feelings after divorce?
Feeling angry, sad, frustrated, tired, and confused is normal, and these feelings can be intense. You feel anxious about the future. Accept that such reactions will diminish over time. Even if the marriage was unhealthy, venturing into the unknown is scary.
what is divorce a good option?
An amicable divorce is the pretty good option that allows you to rebuild a healthy, rewarding life with someone new. Licensed marriage and family therapist Tabitha Azor says you can date someone else and use what you’ve learned from the past to help you choose your next partner.
