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Does it Matter Who Files for Divorce First in New Jersey?

There are many divorce cases in which both spouses believe that their marriage is broken and cannot be repaired. This belief tends to lead them towards the question of if they should file for divorce. As this is a sensitive time in a person’s life, they may hesitate in doing so. However, an important question that is usually considered during this time is: does it matter who files for divorce first? While the answer is not simple, many divorce and financial experts believe it does. There are a few different reasons as to why this is.

Be Prepared for the Divorce

Generally, it is always better to be prepared for a divorce. This allows a spouse to be ready when the process begins. When a spouse initiates a divorce by filing first, they have usually already consulted with an experienced attorney to start the process and collect the necessary paperwork. This can leave the other spouse unprepared and trying to catch up. Being prepared ahead of time can give a spouse the advantage when negotiating during the process.

In addition to this, many people retain the services of others to help them during this time. This can include a therapist for emotional support and a financial analyst to protect themselves. In doing so, it takes time to find someone who is the right fit for them. The sooner this is done, the sooner the spouse can be ready to handle their divorce case. 

Financial Motivation

There are also certain financial advantages to filing for divorce first. There are many expenses associated with a divorce that often add up and are not cheap, therefore it is beneficial to plan ahead and save for it. If a spouse is not in the position to save before the divorce, it may be a good idea to secure a line of credit before filing. 

Jurisdictional Advantages

Almost always, divorces are decided in the jurisdiction in which they are filed. If two spouses are estranged and living separately before divorce is filed, there can be certain advantages to filing in one state over another. It is because of this that spouses should research the different jurisdictional options available to them and consult with an experienced attorney.

Contact our Firm

If you need an experienced legal team to guide you through your divorce, contact Townsend, Tomaio & Newmark L.L.C today.