Being the First to File for Divorce
Whilst the answer to this question is mostly dependent on the context of your situation, it is arguably advantageous in the following ways:
1) You avoid the problem of your spouse “conflicting out” divorce lawyers where your spouse meets with all the top matrimonial lawyers for a short time to create an attorney-client relationship so that the lawyer can no longer represent you.
“Filing first will give you time to choose the best lawyer for you”.
2) Divorces are usually decided in the jurisdiction in which they are filed and filing first allows you to choose where the divorce will take place. This is most applicable if you and your spouse have spent equal time in different countries or currently live in separate countries International Divorce). Different jurisdictions have different laws governing child custody, division of marital assets and maintenance.
“Consulting a good divorce lawyer will help you decide which jurisdiction to file in to achieve the best outcome for you”.
3) You have ample time to gather and organise important documents before divorce proceedings commence. Upon commencing proceedings it is not uncommon for individuals to face difficulty in obtaining documents from their spouse and spend additional legal fees to gather them.
“As the party to file first, you do not face the scramble of preparing and filing your defence within the stipulated deadline”.
4) It may be emotionally empowering to file first. This is especially so if you are currently suffering from an unhealthy relationship and filing for divorce can allow you to take control of your situation.