Should I File for Divorce First?
There are times when people find a spouse’s request for divorce surprising, but in many instances both parties recognize there could be divorce in their future. If it is clear a divorce is coming, you may be considering talking to a lawyer. But, is it beneficial to file for divorce first? It can be. You should talk to a Bucks County family attorney about your situation.
Benefits to Filing for Divorce First
If a person is certain a marriage is ending, there are a few advantages to moving forward with filing divorce first. For one, it gives an individual time to assemble a team of experts, including a divorce lawyer and other professionals, such as a vocational expert if you are returning to the workforce.
Once a team of professionals is assembled, it will likely be clear what documentation should be gathered. Some of the documents needed might be tax returns, wills and trusts, brokerage statements, vehicle registrations, and more. After a list of needed documents is created, it can take time to get everything necessary together in one spot. Preplanning and having an organization system in place when filing can lead to a stronger position.
While going through documentation it is also possible to establish assets. Because of this, when an individual is filing first they may be able to avoid a situation where assets are hidden. Hiding assets happens when documents such as stocks statements or property titles are hidden so one person in a marriage is not aware of the stocks or properties existing. Hidden assets will not be distributed during a divorce.
A handful of reasons to file first:
- Be in a proactive position
- Learn your rights
- Reduce stress through preplanning
- Assess potential threats that could come
Cons to Filing First
Of course, there are disadvantages to filing first in some circumstances. Every situation is unique and it is important you discuss your situation with a Bucks County family attorney to develop a strategy that is best for your future.
For example, when a person files for a divorce, the other party is then typically alerted to the demands of the divorce. This gives them the information they need to develop their own strategy to try and secure their own interests.
Filing for a divorce is a solid step toward the dissolution of a marriage. It is not a step to be taken lightly. When a couple is still talking of reconciling, filing for divorce will make it more difficult to repair the union.
Talking over your rights with an attorney is the best path to understanding divorce law in Pennsylvania. A lawyer can help you take control of your situation and move through the process with clarity.
Is it clear your marriage is over and you are ready to file for divorce? Talk to the attorneys at Kardos, Rickles & Hand. Our lawyers pay attention to every detail and will take your case to trial if that is what it takes to secure the future you want. Schedule your consultation today, call 215-968-6602.