Many people wonder if they should file for divorce before their spouse does in an attempt not to miss out on some presumed strategic advantage, but this is generally the wrong focus to adopt. A divorce is a monumental decision that should never be made in haste, and if you aren’t sure that it’s the right answer for you, you should not be thinking about filing first. If, on the other hand, you have made the difficult decision that a divorce is your best choice, then it is a good time to consult with an experienced Oak Brook divorce attorney and to move forward with filing for divorce.
If you file for divorce first, it makes you the petitioner in the case, and it makes your spouse the respondent (who will respond to your filing). These titles replace the older, stuffier, and far more oppositional terms of plaintiff and defendant. In the end, these titles simply identify your roles in the divorce case and will have no significant bearing on your case, which is very likely to settle in the first place. One nominal advantage to filing first is that you will choose the county in which you file, and you have the choice of either the county that you live in or the county that your spouse lives in (if they are not the same). Generally, the best strategy is to file in the county that is most convenient for everyone involved.
To obtain fair divorce terms that protect your financial rights, you’re going to need documentation of your marital finances, and this is one advantage that filing first may allow you. Consider the following:
The non-financial component of your divorce includes parental responsibilities and parenting time, which represent what you may think of as child custody. These will not be affected by who files for divorce first. When it comes to decisions that relate to children, the court is always guided by the best interests of those children.
If you’ve done the soul searching and have come to the difficult decision that you need a divorce, Cameron H. Goodman at Goodman Law Firm in Oak Brook, Illinois, is a well-respected divorce attorney who understands the serious nature of your situation and has the experience and legal insight to help you. To learn more, please don’t wait to contact us today.
We make every effort to return your email
or call the same business day or within 24 hours.
At Goodman Law Firm, we take your privacy seriously. Please leave us only a private cell phone number or private email address where you may be reached.