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Is there any benefit in filing for divorce first?

On Behalf of | Feb 2, 2021 | Divorce

When things have not been going well in a marriage for some time and the couple has done everything to make it better to no avail, the end is likely inevitable. But there could be some trepidation when it comes to making the final decision to file for divorce. New Jersey residents in this situation may be wondering if there are benefits for the person who actually files for divorce.

If spouses live in different states

The spouse who files for divorce may have the chance to choose the state in which to file if his or her soon-to-be former spouse lives in a different state. Depending on the circumstances, there could be financial benefits for the spouse who files. Obtaining legal advice regarding this possibility may be the first step prior to filing.

The chance to get things together

It is extremely important to have essential documents in order for a divorce. Filing first will give that spouse the edge in doing so. This will also give the person the chance to ponder how he or she wants to move forward in the divorce process. These documents include tax returns, financial statements and legal documents.

The person who files for divorce is usually the person who is in control. This could be extremely empowering in a situation that is emotionally fraught. Those in New Jersey considering filing for divorce might want to take some time to reflect on the situation and perhaps seek legal counsel before making a final decision.