FILING FIRST
Filing first can make things easier. Although some attorneys will tell you how there is no real advantage to filing first, they’re wrong! Here’s why it makes good legal sense:
1. First, you will establish a clear mark in time that the court may use as the point of “irretrievable breakdown.” This date will be critical if you fear that your spouse may try to hide or transfer assets to defeat your claims or deny you your fair share. It also could save you from debt that your spouse may recklessly incur on your behalf. The earlier the date, the better off you will be. To delay filing will only give your spouse more time to hide and transfer away assets, or use debt as a weapon, before he or she files.
2. Second, remember: first impressions count. By filing first you demonstrate to your spouse that you have the emotional strength to deal with the situation. Rather than letting divorce happen to you, you show that you and your attorney are prepared, resourceful, and ready to handle any contingency. This impression will help deter your spouse from the common divorce tricks, intimidation or spiteful acts ever so common in divorce matters and, in the end, save you time, money, and frustration.
3. Third, when you file first, you make it your case. You put yourself in the driver’s seat. Your spouse probably won’t file a counter-suit for divorce. By filing first, you will give yourself an emergency exit – a parachute – in case circumstances change. If the need ever arises or you so desire, because you filed first you may dismiss the case.
4. Fourth, in a contested case, the Petitioner goes first. If your case goes to trial, you and your attorney will present evidence and testimony first. Your team gets the benefit of explaining everything to the Judge. Only after this will your spouse have the opportunity to try to change the Judge’s mind. Your attorney will be able to make arguments first and rebut any argument made by your spouse. To an attorney, having the advantage of “going first” at trial is hard to overstate. Since half of all cases that go to trial settle mid-trial, by going first your attorney can most effectively project the strength of your case. Simply by filing first, you can avoid being in the position of responding to the case being built against you, resulting in your having to present larger settlement offers.
Irwin M. Pollack, our Founder and Lead Attorney, wrote The Massachusetts Divorce Handbook. He’s also produced an audio program highlighting the less contentious, “right way” to get divorced.
Whether you are contemplating an uncontested divorce, or anticipate a more complicated contested divorce, our skilled attorneys can help.
Contact us for a no-obligation consultation relating to your contested matter or start filling-out your Divorce Homework if you want to get started on a flat-fee divorce.
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