Does It Matter Who Files For Divorce?

Filing for a divorce can be a long and drawn-out emotional process. There are a lot of technicalities when it comes to filing for a divorce. However, there are distinct advantages and disadvantages to being the first side to file for divorce in Florida.

What Are the Advantages of Filing for Divorce First?

Being Prepared

You can never be too prepared in a court of law. Being prepared for divorce gives you an advantage because you can assemble your divorce team without rushing, which ensures you’re working with attorneys you trust. When you’re working with professionals you trust, you have peace of mind.

Gathering the Proper Documentation

Filing for divorce is no walk in the park. You need to have copies of all financial and legal documents that support your case, including:

  • Tax returns
  • Bank and brokerage statements
  • Insurance policies
  • Wills and trusts

Gathering these documents and keeping them in a safe place saves valuable time, giving you the opportunity to focus on other important matters regarding the divorce.

Access to Funds, Including Credit

As soon as you realize a divorce is inevitable, don’t waste any time when planning for the future. Start setting money aside to cover your legal expenses. Investing in your divorce team is critical for your financial future. If you don’t have a credit card in your name, get one as soon as possible because it may be difficult to obtain one after the divorce.

Deciding Where Your Divorce Will be Adjudicated

Divorce cases are heard in the jurisdiction in which they are filed. Make sure you check into the legal implications of filing for divorce in a different jurisdiction. Bergman Family Law can help you better understand your options.

What Are the Disadvantages of Filing for Divorce First?

Making Your Spouse Aware of Your Demands

When you petition the court for a divorce, you are required to state your demands. Once your spouse is served, they will be aware of your divorce terms, so make sure you include everything you need. Having knowledge of your needs for divorce allows your spouse to set up a counterattack, which could work in their favor.

Initiating the Dissolution of Marriage

Once you and your spouse agree to a divorce, the appropriate legal actions are taken, and you will no longer have the chance to reconcile your marriage. Make sure divorcing your spouse is something you want to do before filing.

How to File for Divorce in Florida

The steps for filing a divorce in Florida are:

  1. Initiate the divorce process
  2. Notify your spouse
  3. Determine if the divorce is contested or uncontested
  4. Choose the right divorce method (do it yourself, mediation, hire an attorney)
  5. Child custody, spousal support, and asset division
  6. Finalize your Florida divorce

How Bergman Family Law Can Help

Bergman Family Law specializes in a variety of family law situations, including dissolution of marriage, post-judgment modifications, paternity, pre-nuptial agreements, and domestic violence in Miami and Broward County. Bergman Family Law provides a safe, supportive environment while helping you through some of the most emotional times. Contact me today to learn more about my services or schedule a consultation.