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

In many divorce cases, both spouses believe that their marriage has broken down and can no longer be repaired. When this happens, one or both of them begin to question if they should file for divorce. This is a very sensitive time in a person’s life, which is why they may hesitate before filing. The decision to do so usually comes after a long period of thought, often wondering: does it matter who files for divorce first? While the answer to this question is not a simple one, divorce and financial experts believe that 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 for a divorce so that a spouse can be ready ahead of time. When one spouse initiates a divorce by filing first, they have usually already consulted with an attorney to ensure that they are ready once it begins. This includes starting the process and collecting the necessary paperwork. By being prepared before filing, this can give one spouse the advantage while the other is left unprepared and trying to play catch up. 

Many people also retain the services of additional help during this time. This can include a therapist for emotional support and a financial analyst for protection. When this is done, it usually takes some time to find the right help. That is why the sooner it is done, the more ready a spouse can be to handle their divorce. 

Financial Motivation

When going through a divorce, an important legal matter is handling the couple’s finances. It is important to know that there are certain financial advantages to filing for divorce first. There are a variety of expenses that come with divorcing that can add up fast. It is because of this that it can be beneficial to plan ahead and save for your divorce. In the event that one spouse is not in the position to save before their divorce, they may be able to secure a line of credit before filing.

Jurisdictional Advantages

Divorces are almost always decided in the jurisdiction in which they are filed. Sometimes, spouses are estranged and living separately before they officially file for divorce. In these situations, there can be advantages to filing in one state instead of another. It is important to research the different jurisdictional options that are available to spouses in their state and consult with an experienced attorney.

Contact our Firm

If you require strong legal representation for matters of divorce and family law in New Jersey, contact The Law Offices of Paone, Zaleski & Murphy to schedule a consultation with one of our experienced attorneys today.