Reviewed by Paul H. Townsend, ESQ.
Key Takeaways
- Filing for divorce first can offer some advantages, like more time to prepare and gather financial documents
- New Jersey does not implement automatic financial restraining orders once a divorce is filed. If you are worried about your spouse hiding assets or emptying accounts, your attorney will need to file for an injunction or restraining order.
- Divorces are decided in the jurisdiction where they are filed, meaning filing first can offer benefits if you and your spouse reside in different states.
Often in divorce, both spouses share a sense that the relationship is broken and cannot be repaired. The thought of legally ending the marriage has occurred to both parties privately, and one very common question under these circumstances is: “Does it matter who files for the divorce first?” The answer is complex, but according to many divorce and financial consultants, yes, it does. While you don’t want to prematurely end something as important as a marriage, there are several reasons to consider being the first to file.
Being Prepared for Your Divorce
Typically, the spouse who initiates the divorce by filing first will have already consulted with experienced legal counsel and gathered all the necessary paperwork. This leaves the other spouse trying to play catch-up, and being well prepared can give you an advantage at the negotiating table.
Additionally, it is becoming common for individuals to retain the services of a financial analyst during divorce in order to protect themselves monetarily. It takes time to find the right fit, and to discuss all of your options with them. Some people are also choosing to seek out therapists to help them cope with the stresses and difficulties of the divorce process. All of these things take time, and the sooner you start, the sooner you can be ready to handle the finer details of the divorce.
Financial Motivators for Filing First
Another reason you may wish to consider being the first to file for your divorce is financial advantages. The divorce process is not cheap, and if you can plan ahead and save some money for the various expenses associated with divorce, you will be in a much stronger negotiating position than otherwise. If you are unable to save pre-divorce, you may wish to consider securing a line of credit prior to filing for the divorce.
During the divorce process, many worry that their spouse will attempt to drain their financial accounts, hide assets, or transfer money from shared accounts. As such, it’s important to understand that New Jersey does not impose automatic, temporary restraining orders on finances, unlike states like California or New York. Many spouses find that filing for divorce first can help protect marital assets promptly, as your attorney can assist you in applying for restraints or injunctions on the account to help preserve assets and prevent dissipation.
Jurisdictional Advantages
Divorces are almost always decided in the jurisdiction in which they are filed. If you and your spouse are already estranged and living in separate states, there may be legal advantages to filing in one state over the other. In any case, you will want to research the jurisdictional options available to you and consult with an experienced New Jersey divorce attorney to find your best option.
Contact a Morris County NJ Family Law Firm Today
If you are considering a divorce, or believe that your spouse is, it is highly recommended that you speak with a divorce attorney, if only to explore your options and the best course of action moving forward. Regardless of whether you decide to pursue a divorce, it is always best to be prepared, and the New Jersey Courts self-help divorce resources can help you understand the process. There are many advantages to being prepared, and if you do decide to move forward with your divorce, you will be in a much better negotiating position.
Townsend, Tomaio, Newmark & Clancy is one of the largest and most well-equipped family law firms in the state of New Jersey. Our New Jersey divorce attorneys have the skill and experience to handle the most complex and contentious divorce situations, as we tackle critical issues ranging from child custody to alimony, child support, and division of assets. Having assisted countless clients from all walks of life, we have the knowledge and resources to achieve positive outcomes for high profile individuals, high net worth couples, and business owners and investors, as well as the compassion to support and advocate for parents and victims of domestic violence. If you or a loved one is considering a divorce or going through the divorce process, contact us online or call our Morristown, NJ office today at 973-840-8970.
