Southern California Family Law Attorney Blog

When you are deciding when to file for divorce, there is some strategy involved. If you have decided that you want a divorce but have not filed yet, a recent article in Forbes offers a few things to consider.

If you file before your ex, there are several financial advantages that you will benefit from. First, you will have copies of all of your financial documents pulled together. This may seem like a minor benefit, but tracking down some of these statements is not always easy — especially if you have a spouse who keeps a tight rein on the finances.

Next, you’ll get the chance to get a good look at your finances. You should take the time to get your own credit card and start setting aside money for the divorce. Then, start building your legal team. Filing first means you get to spend time deciding who you would like to represent you as well as finding other experts to help you through the process. Knowing what to expect from your divorce is a huge benefit.

This brings us to the legal advantages of filing for divorce before your ex. First and foremost, you get to choose where your divorce will be heard. This is particularly important for couples who split time between different states or counties. Different jurisdictions have different rules about divorce. Your attorney can help you figure out which jurisdiction would be most beneficial to you.

Finally, the first to file will usually be the first to present his or her case in court. Presenting first can be a benefit or a disadvantage, however, so it’s best to work with your attorney to make sure you know which would most serve your best interests.

Ultimately, filing for divorce first means you’ll have more time to prepare than your ex. Divorce is a strategic process, so setting yourself up for success early can’t hurt.

Source: Forbes, "What Are The Financial And Legal Advantages Of Being First To File For Divorce?" Jeff Landers, March 26, 2013