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

Often times when couples reach the idea of divorce, it is because they believe their marriage is broken down and cannot be prepared. When spouses reach this point, they often wonder if it matters which spouse files for divorce first. While the answer to this question is not a simple one, many divorce and financial experts believe it does matter. There are a few different reasons as to why this is.

Be Prepared for the Divorce

It is always better to be prepared as early as possible for a divorce. This ensures you are ready right from the start. Spouses who initiate a divorce by being the first to file usually have already consulted an experienced attorney. This allows them to begin the process and gather the necessary paperwork. Being prepared ahead of time can give the filing spouse the advantage during negotiations while the other spouse can be left trying to catch up.

In addition to this, many spouses reach out to others for assistance during this time, as it is important to have a support system. This can include a therapist for emotional support as well as a financial analyst to ensure asset protection. When this is done, it is crucial to find someone who is the right fit. This can take time, which is why it is beneficial to begin searching sooner rather than later.

Financial Motivation

It is important to note that there are also financial advantages that come with filing for divorce first. The cost of going through a divorce is not cheap, as there are many expenses that add up over time. It is because of this that it is beneficial to save for the process ahead of time if you have the opportunity to. In the event that a spouse is not able to save, it may be helpful to secure a line of credit before filing. 

Jurisdictional Advantages

In the majority of divorce cases, the decisions are made within the jurisdiction they filed. There are many circumstances in which spouses are estranged and living separately before deciding to file for divorce. Sometimes, they are even in different states. It is because of this that it is important to know that there can be certain advantages to filing in one state over another. Spouses should research the jurisdictional options available to them and consult with an experienced attorney before filing.

Contact our Firm

If you require strong legal representation for matters related to divorce or family law, Haber Silver Russoniello & Dunn is here to help. We proudly represent clients in Morris County and throughout the state of New Jersey. Contact our firm today to schedule a consultation.

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