Does it Matter Who Files for Divorce First in New York?

Does it Matter Who Files for Divorce First in New York?

When spouses reach the brink of divorce, it is often because they believe their marriage has broken down and can no longer be repaired. This belief usually brings them to the idea of filing for divorce. Filing for divorce is a sensitive matter in a person’s life. It is because of this that they may hesitate in doing so. During this time, a spouse may wonder: does it matter who files for divorce first? The answer to this question is not simple, however, many divorce and financial experts believe it does matter. There are a few reasons why this may be.

Be Prepared for the Divorce

In general, it is always better to be prepared than unprepared for a divorce. Being ready allows a spouse to begin the process with everything they need to get through the process as quickly and seamlessly as possible. The spouse who files for divorce first typically has already consulted with an experienced attorney and began the process by collecting the necessary paperwork. Meanwhile, the other spouse is left unprepared and trying to catch up. Preparation gives spouses the advantage during negotiations. 

In addition to this, many people choose to retain the services of others for assistance during this difficult time in their life. This may be a therapist for emotional support and a financial analyst to protect their assets. In doing so, it is important to find people who are a good fit for themselves and their situation. The sooner this is done, the sooner a spouse can be ready to handle the divorce process.

Financial Motivation

It is important to be aware that there are financial advantages to being the first spouse to file for divorce. As many know, there are a variety of expenses that come with a divorce case. These can add up and become difficult for a person to maintain. It is because of this that it can help to have a financial plan and save ahead for the process. If a spouse is not in the position to save ahead of time, it may be a good idea to secure a line of credit. 

Jurisdictional Advantages

Divorces are almost always decided in the jurisdiction where they are filed. There are many cases in which spouses are living separately before they decide to finally file for divorce. It is because of this that there may be certain advantages to filing in one state instead of another. When facing these situations, spouses should research the jurisdictional options available to them and consult with a skilled attorney.

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Zimmet Law Group, P.C. is an experienced team of attorneys guiding clients through matters of estate planning and administration, divorce and family law, real estate, commercial litigation, business law, bankruptcy, and landlord-tenant law. If you require the services of an effective New York City attorney, contact our firm today to schedule a consultation.

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