1st Fact: you are no longer happy in your marriage and you want to leave.
2nd Fact: you also don’t want to leave.
When divorce becomes the obvious solution for a failing marriage, it’s only natural for couples to play relationship chicken – a “Will I? Won’t I?” struggle for individuals considering separation. Despite the fact that you know it’s not going to work, you hesitate.
The uncertainty of the legal process, as well as the emotional ordeals, can be overwhelming, but here are reasons to file for divorce first:
For most of Denver’s family law attorneys, the spouse who files for divorce first enjoys the benefits of being the Petitioner; the court acknowledges the other party as the Respondent, which automatically puts the other spouse on the defensive side. Petitioners, on the other hand, hold a position of power – and that’s where you’ll stay during the proceedings.
Also, respondents are responsible for defending themselves against the petitioner’s accusations. If you go to court, the judge will answer the petitioner’s claims.
The Element of Surprise
When you file first, you gain the element of surprise, which also provides more prep time for the divorce. To stay ahead of the game, it’s important to assemble the team as early as possible.
For example, if your breadwinner spouse files first against you – the stay at home parent – all of their paychecks will automatically not land in your joint account. They also have the power to limit access to your bank accounts, cancel credit cards, or worse, keep your money to prevent you from hiring your own legal representation.
It’s only natural to stay in the relationship chicken phase, but when divorce is imminent, do not ignore the advantages of filing first. Plan ahead to ensure the odds will be in your favor.