If there’s an obvious tension in your relationships and you’ve been thinking about making a point recently, probably it’s time to file for divorce. Many people are afraid to make this serious step and prefer waiting for another partner to act first. Though, this is not the best idea. The matter is that the first who file for divorce may have particular advantages after. The non-moving spouse (the spouse who does not file for the divorce) may face harsher consequences than the moving spouse.
Why You Should File Divorce Before Your Spouse
You Can Get Your Divorce Team In Advance
Getting the right team of professional specialists to help you accomplish the best possible outcome from your divorce can take some time. You will certainly require an experienced attorney, obviously, as well as in financially complex divorces, it’s additionally necessary to have a certified divorce financial analyst in your corner.
Getting Necessary Documents
It is seriously crucial to have in your safe place copies of all relevant financial and legal records. These consist of not only bank and brokerage statements and income tax return, but also insurance plan, wills and trusts, retirement account statements, real estate documents, vehicle registrations, and so on (contact Clagett & Barnett to find the full list of documents). Preparing and duplicating all these documents can take substantial time and effort, particularly if your spouse is controlling or secretive where finances are concerned. Filing first suggests that you’ll have all your paperwork arranged and in a safe place prior to divorce documents are offered.
Ensure Accessibility To Funds And Credit Before Filing
As soon as a thought about divorce comes to our mind, you should quickly begin to set aside money for the costs included. Check whether you have sufficient amount of money to hire your divorce attorney; it is an essential investment in your financial future. Likewise, if you don’t have a credit card in your very own name– and you absolutely should!– acquire one as soon as possible, as it may be difficult to do so later.
Prevent Your Spouse From Hiding Assets
Regrettable, lots of husbands hide assets throughout the divorce procedure. Declaring first, particularly if you stay in a state which requires an Automatic Temporary Restraining Order (ATRO), may help protect yourself against any kind of deceptive tactics.
Choose Where Your Divorce Will Be Adjudicated
Divorces are typically decided in the jurisdiction in which they are filed. If you and your spouse have actually already separated and also live in different areas or states, or if you spend equal time in your homes in Kentucky and another state, it is worth your while to start checking out the lawful ramifications of filing in different locations legally readily available to you. State regulations can be extensively various relating to such essential considerations as child custody, child support and division of marital assets, including whether an ATRO is part of the process. Your experience and expected end result may vary extensively in various states. Do your research, as well as seek legal advice from attorneys wherever you could file.
The last but not the least advantage of filing first is your psychological and emotional state. The person who files first certainly has actually worked it out, hired an attorney, prepared and discussed what is happening with friends. While the other party may be shocked, you’ll win some time and build a stronger protection of your rights and interests. This is especially important in marriages where psychological or physical pressure took place.
Get Legal Help From Clagett & Barnett, PLLC
As with any major life change, it is advisable to have a plan before you begin the process. Knowledge is power. Divorce can be a long and complex matter. It is helpful to have an understanding of your current financial situation and potential custody issues. It is important that you create a plan or exit strategy and gather important documentation before starting the divorce process.
Whether you have settled everything or not, contact us today and we will take your hand and lead you through all loops and holes, all the confusion and all the mistakes you may make if you didn’t have a lawyer.