Posted by DivorceLine in Filing for Divorce
If you plan on filing for divorce, there are many benefits of being the one who takes the first step. Divorce is never easy, no matter who files for it. It’s going to be a time of turbulence and emotional stress. You’re saying goodbye to one life and hello to another. As simple as it all sounds, it’s plain tough to go through a divorce. When filing for divorce, there are four major factors you need to keep in mind:
Complaint
Initial complaints made against a spouse are taken a tiny bit more seriously if you file first. When allegations are made when a divorce has been filed, there is a question if the allegations are true or merely an attempt at revenge.
This benefit doesn’t hold out for long, though, as a simple investigation can usually uncover the truth. But it does make it more likely you will be the first to speak and air your grievances at the hearing.
Control
There is often a play for control during a divorce. By being the first one to file, you are initially asserting yourself in control of the situation. You are showing your ability to make an independent choice and the will to follow it through. This sense of control can be useful as a strategic tool during the divorce.
County
By being the first one to file for a divorce, you may get to determine what area the divorce proceedings will be held in. This usually means you get to pick the county the divorce occurs in. If you and your spouse live in different areas, this choice is a huge benefit. They’ll end up having to do all the traveling while you’ll only need to drive a few minutes to the local courthouse.
Emotion
A big benefit to being the one filing for divorce is that you are more likely to be emotionally ready – or at least prepared – for the coming storm. You know that you want the marriage to end and are ready to deal with the inevitabilities involved with this decision.
Filing for divorce and completing the required paperwork can be an extremely confusing thing. Most people have no idea how to start. If you are in the unfortunate situation of needing to file for divorce, there are certain things you should do to protect yourself and to help your divorce go smoothly.
First, you’ll want to make sure you have all of your personal and business paperwork together before you file divorce papers. Do you have joint possessions, such as a house? You will need the deed or the mortgage contract. Do you have joint debt? You will need records of this. You will want to have checking account records, retirement plan paperwork, and just about everything else you can think of. Pull all of this sort of paperwork together into a single file.
Next, you should get an idea of how you want to split things. When it is time to file divorce papers, unless a specific material possession is noted in the divorce decree, you will likely have no legal standing if there is a dispute later on. During this process, you should also decide how you feel about child custody, as well as child support or alimony.
Once you have done these things, it is time to actually begin the process of filing divorce papers. The actual cost of filing for a divorce varies from state to state, but is generally less than $100. While you can technically file for divorce without an attorney, it is almost always best to at least consult with an attorney before filing for divorce. An attorney can do anything from consulting with you to explain how the process of filing for divorce works in your state or locality, all the way through helping you file the paperwork. Because divorce laws differ so much from state to state, this is something that you must do.
During the process of filing for divorce, you should keep track of all of your financial transactions. If your spouse promises something to you, make sure that it is put into the divorce decree. Write down dates and times of your conversations, and make sure that you check with your attorney before you sign anything, to make sure that you fully understand what it is that you are being asked to sign.
If you have very few possessions and no children, and are still amiable with your spouse, filing divorce papers can still become very messy. However, in these instances, there will obviously be less paperwork, and probably a lesser amount of time that you have to spend in a lawyer’s office.
