Should I file for divorce first?

Should I file for divorce first? This is often one of the first questions we get when talking with prospective new clients. In certain circumstances, it can be advantageous to be the first to file. 

If you have concerns that your spouse is draining bank accounts, hiding assets, or incurring excessive debt, you should consult with an attorney immediately. Once the divorce is filed, your attorney can seek court orders preventing this kind of behavior and preserving your marital estate. It can be difficult to undo this kind of activity without a court order in place.

Additionally, if you have concerns that the other parent is going to take your minor children and prevent you from seeing them, you should consult with an attorney immediately. Once the divorce process is started, your attorney can seek a court order granting temporary custody or parenting time as well as an order to prevent the minor children from being taken out of the state.

The party who files first is called the Plaintiff and is required to pay the filing fee to the Court ($175 for divorces without children; $255 for those with children), unless they qualify for a fee waiver. 

There are many different circumstances where filing first can make a difference. Contact our office today to talk about your unique circumstances. 

This article should not be construed as legal advice. Every case is different. Call the Lashier Law Firm today at (586) 219-1984 or schedule your appointment online