Divorce is a challenging and emotional decision that could have lasting effects on both partners. While some couples may attempt to resolve their differences and reconcile, other couples could feel that divorce is the only practical solution. There are several choices to be made while ending a marriage, including who will file for divorce first.
Being the first to file for divorce may seem advantageous, but there are a number of potential drawbacks to take into account. But the real question is, “is there a disadvantage to filling for divorce first?” In this article, we’ll look at some potential disadvantages of filing for divorce first and offer advice on how to handle this difficult procedure.
Disadvantages of Filing For Divorce First
Divorce case filing is a challenging and emotional choice. Before making a final choice, it’s crucial to weigh the pros and downsides that may be present. Is it better to file for divorce first is one of the important questions to answer. The following are some drawbacks of divorcing first:
Beware of Sneaky Divorce Tactics
1. Financial expenses
When you file for divorce first, you are usually responsible for paying the filing fees, which can be costly. You will also be responsible for the attorney’s fees if you employ one. Your spouse might be able to put the financial burden on you if they file a case fast.
2. Timing and effort
Making the first move to file for divorce can be tiresome and time-consuming. To file your paperwork with the court, you must compile all the required papers and information, fill it out accurately, and submit it. Particularly if you’re already experiencing the psychological burden of divorce, this process can be difficult and exhausting.
3. Strategic disadvantage
You’re essentially exposing your card and letting your spouse know that you’re serious about ending the marriage by filing for divorce first. As a result, your spouse might have had more time to prepare their defence and acquire evidence, which could place you at a strategic disadvantage. Also, they could be able to submit a counter-petition, which would put you on the defensive.
4. Emotional impact
You and your spouse may have emotional effects if you initiate the divorce process first. That could cause your spouse to feel deceived or hurt, which might increase hatred and conflict during the divorce process. A mutually accepted settlement may also be more challenging to reach as a result, lengthening the process and raising stress levels.
5. Conflicts over visits and custody
When you divorce first, it may also affect custody and visitation issues if you have kids. If your spouse thinks you’re trying to exclude them from the process, they can feel more motivated to fight for custody or visiting rights. This could result in a drawn-out and expensive legal struggle that would be bad for you and your kids.
Also Read In Detail: Does It Matter Who Files For Divorce First?
Is it better to be the one who filed for divorce?
There is no simple answer to whether it is better to be the one who filed for divorce because it is dependent on the specific details of the case. When making this choice, one must weigh the potential benefits and drawbacks.
At what point is divorce the best option?
Deciding when divorce is the best course of action is a difficult and private choice that is reliant on personal circumstances. Nonetheless, it could be required if attempts at reconciliation have failed and the partnership is no longer meaningful or healthy.
Who does divorce affect the most?
Children can suffer a great deal from divorce, especially in terms of their future relationships and emotional health. Also, it may have a major financial impact on both partners, but more so on the spouse with the lesser income.
Hi, I’m Brian Gary; I have my Doctor of Juridical Science (SJD) degree from SMU Dedman School of Law in Dallas. Over the years, I have dealt with many families and successful corporate Legal cases. I have counseled many people on legal matters, and along with my profession, I write about Law on my blog. Please feel free to contact me for counseling/case discussion; I’ll be happy to help you.