What Happens When You File For Divorce First

Is It Better To File For Divorce First In Texas

Whether or not filing for divorce first is an advantage is determined by your personal circumstances.  Even if there are advantages, it is unlikely that those advantages will be significant.  Talk to an experienced divorce attorney in Texas to see if there are any advantages in you filing for divorce first. They can answer common questions like does it matter who files for divorce first in Texas.

 Advantages Of Filing For Divorce First

Disadvantages Of Filing For Divorce First

    • You get to set the tone: Setting the tone of the divorce is an advantage if you are pursuing an uncontested divorce. An uncontested divorce is where all issues are resolved amicably without going to court.
    • You get to choose the county for divorce proceedings: You can choose to file for divorce in the county where you live so that you don’t have to travel to another county for divorce proceedings. You could also file in your spouse’s county if that is what you want.
    • Adequate time for preparation: You get more time to gather all the records that you may need in your case. Your divorce lawyer will also have more time to look into your situation and prepare a solid case on your behalf.
    • Choosing the first hearing date:  The spouse that files first gets to decide the date for court hearings about temporary restraining orders. This can be a great advantage if you want to restrict how your spouse uses your marital assets or finances.  Some spouses quickly sell marital assets or make significant business decisions when they realize the other spouse is filing for divorce.
    • Temporary restraining orders can be used to protect children from a violent spouse or from a situation where your spouse leaves the state with your children.
    • Being the first spouse to appear at a hearing: This can be beneficial if appearing first means you present your side of the story to the court first.  This way the judge and the jury will learn your story first, which means your spouse may have a harder time changing their minds. But sometimes it’s better to go second, especially if the other side has more arguments against you.

What To Do If Your Spouse Files First

In A Divorce Does It Matter Who Files First

Does It Matter Who Files For Divorce First In TexasJust because your spouse filed first doesn’t mean that it will be harder to get the court to make decisions that favor you. All courts try to be as fair as possible to both sides. Most of the time simply consulting a lawyer soon after being served divorce papers, is all you need to build a solid case to protect your interests.

What Issues Will You Deal With In A Divorce?

Benefits Of Filing For Divorce First In TX

In case you have children, your divorce process will be dominated by child support and child custody negotiations.  Texas courts often make decisions that are in the best interests of the child. That means the courts are more likely to grant joint custody to the parents.

Another key issue is property division. Couples with smaller marital estates have an easier time dividing the property compared to couples with large estates.  The bigger the estate the more emotions and expectations you have to deal with.

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