A Skilled Family and Divorce Attorney will Explain how Relevant It is to File First for Divorce in Brick, NJ
By the time people arrive at their Court date, they know their marriage is beyond repair. The divorce process is usually set in motion by one of the spouses filing a formal request, although they both have considered putting an end to it. Is there any actual advantage in taking the lead when filing for divorce?
The Court system should not benefit one spouse or penalize the other based on who decided to start the divorce process. Nevertheless, as attorneys, we have come across scenarios where the first party to file for divorce might have the upper hand.
Even if your first instinct is to allow some time before concluding a marriage, consider the possible legal and financial advantages to initiating the formal divorce process.
Choosing a great team of advisors
Having opposing arguments or significant odds require adequate guidance and support. If you file first, it means you contacted an attorney because you were well aware of all the major issues involving your divorce process and how to address them. A therapist, financial analyst, and vocational expert (expert on job availability) are other qualified experts who will round out your support system, teaching you strategies to overcome the process successfully.
Keeping a tight record of your paperwork
First, keep copies of all important financial and legal documentation related to the divorce process, which your attorney will ensure you do have if you are the first party to file the claim. Important documents such as tax returns, bank statements, brokerage statements, trusts, wills, real estate records, retirement accounts, insurance policies, vehicle registrations, and others. If your spouse typically keeps track of all these records, getting them organized for yourself might be a time-consuming task. If, on the other hand, you initiate the filing process, you most likely have this covered, and all documentation is in a safe place, awaiting to serve your spouse with the divorce notice.
Finances outlined and ready to execute
A savings plan should be one of the first to-do items on your list to prevent any unforeseen expenses once you determine divorce is the only workable route for you. Allow the attorney to be the one in charge of securing the rest of your support crew. Rebuilding your future will require a secured capital. Back-up options such as credit cards are advisable and easier to obtain before the process initiates. Filing for divorce first allows you to have a strategic plan laid out before the case begins.
Having assets hidden from you is less probable
You may request a temporary restraining order from the Court to prevent your spouse from taking away or hiding any assets from you if you are the first to file. Because your assets would be frozen, it makes it less likely to hide anything.
Divorces usually are decided in the same location where the filing is initiated. However, there are some limited options for whoever files first; for example, if you and your spouse have lived in New Jersey for the past 10 years, you cannot file in California. Although if you reside in different counties or stay an equal amount of time in different states, you probably have more than one option. Different states will have different approaches to alimony, child support, custody, and asset distribution, among other common divorce issues. Particular jurisdictions and their judges might be known to apply more restrictive measures on several issues. The way a case is decided is greatly affected by jurisdiction, and your attorney should lead you towards obtaining the best outcome based on your goals.
Having an experienced and knowledgeable New Jersey divorce lawyer on your legal advisor team will certainly make a difference, whether you decided to file first or not, prioritize your best interests, and secure your benefits during the entire divorce process.
Contact our Divorce Lawyers for a Free Consultation at our Brick Office
If you or a loved one are going through a divorce process and would like to understand your options better when filing for a divorce, seek legal advice to discuss your rights and jurisdiction options and how to secure your assets.
At Bronzino Law Firm, we take pride in successfully representing clients in Spring Lake, Toms River, Point Pleasant, Brick, and the greater Ocean and Monmouth County Areas. Whether you are currently involved in a divorce process or are considering initiating one, do not let a faulty equitable distribution affect your life.
Contact us online or call us at (732) 812-3102 to learn more about your options and to schedule a free online confidential consultation with a member of our firm regarding your divorce inquiries during this time.