The decision to file for divorce is always big, but does it matter if you file prior to your spouse's decision? In some situations, it may play a role in the outcome of your case. Filing for divorce first in Georgia could provide advantages in that it allows you to remain at the heart of the conversation.
At Attorney Sharon Jackson LLC, we encourage you to contact an attorney as soon as you start thinking about the divorce process. We can offer guidance and support as you make these critical decisions.
The state of Georgia does not require a specific spouse to file for divorce first. However, it may allow that person to remain in control during the proceedings and, ultimately, may protect your assets. Consider some of the benefits many people see when they act first.
By far, the most important step is to be ready for what is to come. However, when you file first, you take the lead in the process. That enables you to develop a strategy and anticipate potential conflicts before they become a reality.
By filing first, you are not reacting to your spouse's demands. Rather, you are in control over the initial direction of the divorce proceedings. That can influence the outcome, especially when a well-experienced and dedicated Gwinnett County family lawyer is working on your behalf.
If you case is not settled and you need a trial, the person who files divorce first is called the Petitioner or the Plaintiff. The other side is called the Respondent or the Defendant. At trial, the Petitioner gets to speak first and open the case and speak last, having the last word to close the case.
The first person to file for divorce in Georgia will choose the grounds for that divorce. While it may seem that the grounds for divorce are the same, no matter who files, that is not always the case. The grounds you select allow the court to review your case from your perspective initially.
For example, in matters such as asset division or alimony, the court first learns of your needs and objectives. It is harder for the other party because they now have to prove that your information is inaccurate. By filing first, you have the opportunity to frame the reasons for ending the marriage in your own way.
When you file for divorce first, you have time to consult your attorney and work through the investigative component of the case thoroughly. That means you can gather all of the essential documents and compile evidence that may help you in the long term.
This gives you a strategic advantage throughout the divorce proceedings. From that point out, you have had more time and clarity, with all documentation to back up your claims available. This makes it easier to answer questions the court may have quickly and efficiently.
In some situations, the party that files first will have the ability to take action related to child custody. The court always rules in favor of what they believe is best for the child. However, by working with your child custody attorney in Gwinnett County, you can set the tone for this legal process.
One of the ways you may do this is by requesting temporary orders for child support. You may also take the same steps to seek action for child support, alimony, and asset protection. While this does not mean that, in the long term, you will maintain these types of support or benefits, it does mean that you get to set the tone for the process from the start, and that can influence what happens. This could help you secure your rights early in the case. When it comes to your child, you may want to do that quickly.
Another valuable reason to file for divorce first in Georgia is that it enables you to choose where to file. If you both live in the same city county, this does not apply. However, if you live in separate areas, filing first allows you to select the jurisdiction for the case. will dictate where the case is filed.
There are some situations where this can prove to be beneficial as it may allow you to choose a location that offers procedural advantages and convenience to you. With the help of your Gwinnett County family lawyer, you will learn more about whether this applies to your situation and any advantages that could be available to you.
Jurisdiction, or where to file is not a simple answer. The legal rules are so complicated that sometimes even lawyers get this wrong. Fighting over where a case should be heard is expensive and takes away the funds you have available to use for the actual case.
When you take the first step in filing for divorce, you take the step to secure your financial interests. By acting first, you protect your rights to what is yours. The divorce court will still iron out details, but by acting first, you provide insight that could be critical.
This prevents your spouse from making unilateral decisions that could otherwise impact your assets. You may have very specific needs related to those assets, or you may have a specific plan for dividing marital assets. By going first, you may have more opportunities to put protective strategies into place.
Not every situation is one you want to rush into, and you certainly want to seek legal guidance from a Gwinnett County family lawyer who can offer clarity on your legal options. Yet, acting quickly allows you to make some clear advancements. Your attorney can help you in several key ways:
There is no automatic win in divorce cases. In fact, everybody loses something in a divorce case because the family that you once dreamed of will no longer exists and you will have to spend time and money to dissolve the marriage. If you have been served with divorce papers, time is of the essence. You are at a disadvantage because your spouse has had more time to plan and prepare but you can still prevail if you hire a bulldog divorce lawyer who is skilled at both fighting and settling cases. Divorce cases are not decided based on who files first, but it does give you small advantages in cases that are not settled prior to trial.
As a divorce and child custody attorney in Gwinnett County, Attorney Sharon Jackson LLC is ready to guide you. Filing for divorce first in Georgia matters, and we can help you navigate the process. Call (678) 436-3636 today to schedule a consultation.
Attorney Sharon Jackson LLC
175 Langley Drive, Suite A1
Lawrenceville, GA 30046
Phone: (678) 909-4100
