What happens when you file for divorce first?

What happens when you file for divorce first?

04-Jul-2021 | Article by Legal White Official

Once you are a decision that, divorce is the one and only option for you to come out of this bad marriage, filing the divorce first is the best thing to do. It is understandable that divorce is not something which a spouse chooses happily. For anyone, divorce is kind of a last resort, when chances for any kind of reconciliation with the partner look bleak. It must be also noted that before thinking of divorce, you must have made numerous attempts to patch up but to no avail. The judge hearing the case generally looks at each partner equally however, filing the divorce first might give you some advantage.

Let us now discuss some of the benefits for filing the divorce first:

  • One of the lesser discussed advantages of filing the divorce first is that, you have the financial advantage. You may hire the experts and plan the expenses accordingly. You may save some money especially for this purpose and then once you have enough you may file the divorce. This will help you financially prepared which may not be the case with your partner and this might increase your chances for getting an easy divorce.
  • One of the most important and talked about benefits for filing the divorce first is that, you get more time to get yourself prepared for the hearing. You may collect all the necessary documentation and paper work which might be presented as an evident in front of the judge. While you may be fully prepared, it is highly likely that your spouse might not be in the same frame of mind and you might catch him off guard. This gives you an edge over you partner and you might get out of the relationship easily and quickly.
  • Filing the divorce first would ensure that, your husband might not be able to hide from you any assets and property which he might have acquired lately and you may also include that as well. The reason for this is that, the divorced wife has the right over the property on her former husband.
  • Filing the divorce give you a relief from your miseries. If you are in a violent relationship or you have an angry husband, as soon as you file a divorce, you get out of it, even if the decision of the court hasn’t come yet.


Thought it has several pros, filing a divorce first also has few cons, these are listed as under:

  • No matter how much you prepare or how many times you go through, divorce is something which is absolutely unpredictable and there are chances that you might end up paying more for the divorce than you anticipated.
  • As the divorce petition generally has all the list of your demands, this gives your husband opportunity to prepare arguments against it which you may find difficult to counter. Apart from this, your husband might understand the reasons as to why you have those demands and might be able to convince the judge to make the judgment which you might not like.
  • Once you file the divorce, one thing gets sure that, you don’t want the current marriage and this brings an end to any chances of reconciliation.

Having discussed both the merits and demerits, it is still advisable and recommended to file the divorce petition first as it gives you ample opportunity to plan which will give you an edge.

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