Why You Should File for Divorce First

When facing the difficult decision of ending a marriage, timing can play a crucial role in the outcome of your divorce. Filing for divorce first can offer several strategic advantages. At Genus Law Group, we understand the complexities involved in divorce cases and are here to guide you through the process.

If you have are looking for a divorce attorney, call Albuquerque’s best Family Law attorneys at 505-337-3505, contact us, or chat now with a live representative to schedule your consultation and case strategy session. Our talented legal team serves clients in Albuquerque, Rio Rancho, Los Lunas, Los Alamos, Santa Fe, Las Cruces, and beyond.

Benefits of Filing for Divorce First

While there is no difference in the process or even the eventual outcome whether you file first, or your spouse does, there are some advantages of being the party to actually file the Petition for Dissolution of Marriage. This party is known as the “Petitioner” for the rest of the process, while the other party will be know as the “Respondent”. These include:

1. Control Over the Process

   • Choice of Jurisdiction: By filing first, you have the advantage of choosing the jurisdiction where the case will be heard. This can be particularly beneficial if you and your spouse live in different areas.
   • Setting the Tone: Being the first to file allows you to set the tone of the proceedings, outlining your terms and expectations from the start.

2. Legal and Financial Advantages

   • Marital Home: The spouse who files for divorce first may have a better chance of remaining in the marital home during the proceedings. This can be especially important if there are children involved, as it provides stability.

   • Interim Spousal Support: Filing first allows you to request interim spousal support. This temporary financial assistance can be crucial if you are dependent on your spouse’s income.

Who Gets to Stay in the Marital Home?

One of the primary concerns during a divorce is who gets to stay in the marital home. This decision is influenced by several factors:

• Best Interests of the Children: Courts often prioritize the well-being of children, meaning the parent who has primary custody may be allowed to stay in the home.
• Financial Stability: If one spouse can prove financial dependency on the other, they may be granted temporary residence in the home until the divorce is finalized.
• Mutual Agreement: Sometimes, spouses can agree on who will remain in the home during the divorce process. This agreement can simplify proceedings and reduce conflict.

Interim Spousal Support

Interim spousal support, or temporary alimony, is financial assistance provided to the lower-earning spouse during the divorce process. This support ensures that both parties can maintain their standard of living while the divorce is pending. Factors considered when determining interim spousal support include:

• Income and Expenses: The court will review both spouses' income and necessary expenses to determine the appropriate amount of support.
• Length of the Marriage: Longer marriages may result in higher interim support due to the dependent spouse's established lifestyle.
• Health and Age: The physical condition and age of both spouses can influence the decision, especially if one spouse cannot work due to health issues.

Other Relevant Factors

1. Protecting Assets

Filing for divorce first allows you to take proactive steps to protect your assets. You can request court orders to prevent your spouse from depleting joint accounts or selling off shared property.

2. Psychological Advantage

Being the first to file can provide a psychological advantage, giving you a sense of control and preparedness. This can help you stay focused and organized throughout the divorce process.

3. Preparation Time

By initiating the divorce, you have more time to prepare your case, gather necessary documents, and consult with your attorney. This can result in a more thorough and effective presentation of your position.

Get Divorce Help Today

If you are considering filing for divorce, it’s essential to understand the benefits of being the first to take action. At Genus Law Group, our experienced family law attorneys are here to provide the guidance and support you need during this challenging time. Contact us today for a free consultation and let us help you navigate the complexities of divorce with confidence.

Genus Law Group Your trusted New Mexico family law attorneys specializing in divorce and custody cases.

Call us at 505-317-4455 or fill out our online contact form to schedule your consultation.