Take Charge of Your Divorce

Tick…

Did you know that in most cases the spouse who files for divorce is at an advantage over the spouse who doesn’t?

                   Tock…

If you are unhappy in your marriage and your spouse is unhappy, why are you waiting? Even if your spouse doesn’t appear to be that unhappy, the question is the same. (I’m not talking about giving up on your marriage. I am talking about the point where counseling and attempts to get your marriage on track have been exhausted.)

                                                              Tick…

Is it because you don’t want to be the one to “break up” your family? Is it because you are afraid to be seen as the bad guy by your children, family and friends? Is it because you are afraid of the fallout if  you file?

                     Tock…

The reality is that the divorce process is difficult no matter what. If your spouse is not honest or tries to make you out to be the bad guy now, he will do the same when the divorce process begins. It makes no difference in the long run who filed from this standpoint. If a parent tries to demean his spouse prior to divorce, he will find ways to continue.

                                                             Tick…

That said, I want you to understand the benefits to being the one to who files for the divorce. From a legal standpoint, filing first is a good strategy.

The benefits of being the first to file for divorce

• You decide the date of filing which indicates when the marriage is irretrievably broken. That is important regarding your assets.
• You have control over where the divorce is filed which may mean a big difference regarding assets.
• You will be taken more seriously as the petitioner by the legal system.
• You will be able to present your side first.
• You will be more prepared than you would be if you are surprised.
• You will be the plaintiff and your spouse will be the defendant.
• You will surprise your spouse (in most cases) so that means that he won’t have had time to remove money or hide assets.

Trust me. You need to take every opportunity possible to obtain more equal footing on the divorce playing field.

Tock!

Photo: kittengirl09