Getting a divorce is an emotional process that involves many considerations. This is the reason spouses may find it hard to think clearly about their divorce. But divorce is a legal process and there is always a reason behind its initiation. When you hire a divorce attorney early in the process, you get legal advise from an expert who can direct your divorce strategically and aggressively.
Reasons to Initiate a Divorce First
In Massachusetts, who files for divorce first matters. Here’s what to expect when you file first:
- Show you are serious about ending your marriage. A lot of couples discuss divorce before one of them decides to file, sometimes since one spouse believes the other is not taking the decision seriously. By filing first, you show that you truly want to split up and that you mean business.
- Be proactive. When you file for divorce first, you will be a step ahead of your spouse and proactive. Your lawyer and other experts can already start working for you. Thus, you won’t have to deal with the stress of finding the next expert who can take on your case.
- Get a financial advantage. Filing for divorce first provides a clearer picture of your financial situation. Sometimes, spouses who have financial control spend money or make account transfers before they file. In this case, once the divorce takes place, the dependent spouse should spend time proving their financial situation or needs to get less temporary support while the divorce is ongoing. In addition, filing first prevents your spouse from hiding assets. In the state, an automatic temporary restraining order takes into effect once the divorce papers are served. This prevents the spouses involved from transferring insurance or selling assets, borrowing against shared property, changing a policy’s beneficiary, or destroying assets. Freeing assets protects your future; however, this only takes effect once your spouse gets the papers.
- Get things in order. By filing first divorce, you can be sure that documents and household items won’t disappear suddenly. You can get all your documents, records, and assets accounted for even before you file.
- Influence timing. Filing for divorce in Massachusetts may somehow let you dictate the order in which a family law judge takes the issues into account and hears the evidence. As the plaintiff in your divorce case, you get to speak first. The defendant will be given a chance to respond. Then, you can reply to their response. Essentially, filing first provides you with the last word in the divorce.
- Get a sense of control. The divorce process can be challenging. It can be costly and emotionally draining. Plus, facing a future without the spouse you have been with for years can be hard. By filing for divorce first, you can get a sense of control and security since you take charge and initiate the proceedings.
Preparing for the Divorce and the Worst that Can Happen
When you file for divorce first in Massachusetts, you initially file for contested divorce, in case your spouse is hostile in their response. But if your spouse agrees to your filing and decides to work out a divorce agreement that will benefit both of you, you will modify the filing to uncontested divorce.
Ideally, this is the best divorce outcome. However, this is not always the case. Thankfully, divorce lawyers exist to protect you from whatever happens during the divorce process. They will approach your divorce with a collaborative goal at first. Then, things will ensue depending on the response of your spouse. To sum up, filing for divorce first protects your assets, strengthens your position, and secures your future.
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