When it comes to divorce, one of the biggest questions couples have is whether to file first or wait for their spouse to file. While every case is different and requires individualized attention, there are a few things to consider when making this decision in New Hampshire.
Benefits of Filing First
Control Over the Timeline
One of the primary advantages of filing for divorce first is that you have more control over the timeline, or how long the process takes. When you initiate the divorce, you can choose when to file the paperwork, gather your financial information, and begin negotiating a settlement or preparing for trial. This allows you to set the tone for the entire process and help ensure that it moves along as quickly and smoothly as possible.
Claiming Sole Custody
If you are concerned about your spouse getting sole custody of your children, filing first gives you the opportunity to petition the court for primary or sole custody. This can be especially important if your spouse has a history of substance abuse, neglect, or other issues that could affect their ability to care for your children.
Protecting Your Assets
Finally, filing for divorce first can help ensure that your assets are protected. If you suspect that your spouse may be hiding assets or planning to take financial advantage of the divorce, filing first gives you the opportunity to file a motion for temporary orders to prevent this from happening.
Potential Drawbacks of Filing First
Legal Costs
One of the main drawbacks of filing first is that it can be more expensive. When you initiate the divorce, you will need to pay for your attorney’s time and the cost of filing the paperwork. Depending on the complexity of your case and whether your spouse is willing to cooperate, this can add up quickly.
Legal Strategy
Another potential drawback of filing first is that it may affect your legal strategy. When you file for divorce, you are essentially showing your cards to your spouse and their attorney. This means that they may have a better idea of what you are seeking in the divorce, which could impact their own strategy moving forward.
Emotional Impact
Finally, filing for divorce first can be emotionally difficult. It can feel like you are the one who is abandoning the relationship, even if it is actually your spouse who initiated the separation. This can be especially challenging if you still have feelings for your spouse or if you are concerned about the effect the divorce will have on your children.
Conclusion
Deciding whether to file for divorce first or wait for your spouse to file is a complex decision that requires careful consideration. While there are some potential benefits to filing first, there are also some potential drawbacks that need to be taken into account. Ultimately, the best approach will depend on your individual situation and goals for the divorce. Consulting with an experienced family law attorney can help you understand your options and make an informed decision.