Is There an Advantage to Filing for Divorce First?

Monmouth County divorce lawyers help clients through the divorce process.Making the decision to file for divorce can be difficult. Even though both spouses may sense that the relationship is over and thought about filing divorce papers in private, figuring out when to do it may be challenging. While you may feel apprehensive about being the one to initiate the divorce process, being the first one to file comes with its advantages.

Filing for divorce in New Jersey is not a straightforward process. In most cases, an individual will have already obtained all the necessary documentation and consulted with an experienced divorce lawyer before initiating the divorce process. Certain individuals also choose to seek out a therapist to help them deal with the stress that comes with a divorce. The following are advantages to filing for divorce first:

  • Consult with attorneys before choosing one: Being the first to file for divorce means having your legal team prepared in advance. The right team of divorce lawyers can mean the difference between a favorable outcome and an unfavorable one. By initiating the divorce, you have the option of consulting with several attorneys before choosing the one you believe will effectively represent you.
  • Have access to funds and credit: Divorce is expensive and has the potential to leave a person with nothing. As soon as you sense that your marriage is headed for divorce, you should immediately begin putting away money that will help you pay for all the expenses associated with divorce. You will also want to have a credit card in your name as it may be more difficult obtaining one in the future.
  • Get all the necessary documents in order: Before filing for a divorce, it is important to have all legal documents in your possession. Being the first to file means that you have all your legal documents in order and stored somewhere only you can access.
  • Avoid an Automatic Temporary Restraining Order (ATRO): This type of restraining order prevents an individual from dipping into joint accounts and from changing terms on investment and insurance policies. If you are the first to file for divorce, you can work with your lawyer to come up with an ATRO that will prevent your spouse from making any financial changes.
  • Be the first to present your case at trial: This can be a good and bad thing. Being heard first at trial can be good for the spouse who was hurt, but it can be detrimental because the other side may adjust their presentation based on what you say.

Monmouth County Divorce Lawyers at Fox & Melofchik, L.L.C. Help Clients Through the Divorce Process

If you are filing for a divorce and need legal representation, contact Monmouth County divorce lawyers at Fox & Melofchik, L.L.C. Our experienced lawyers will help you through the process and will fight tirelessly for your rights. For a free consultation, contact us online or call us at 732-493-9400. Our office is in Eatontown, New Jersey, and we proudly serve clients in Monmouth County, Ocean County, Middlesex County, Mercer County, Ocean Township, Fair Haven, Eatontown, Red Bank, Tinton Falls, Shrewsbury, Middletown Township, Wall Township, Sea Girt, and Spring Lake.

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