When it comes to getting divorced in Michigan, you don’t always have the option of filing first. But if you have the option of filing first, is there any advantage to doing so?
Benefits of Filing First
There are some reasons why filing for divorce first can benefit you. The primary advantage you gain is that you can set the tone for the divorce. For example, if you want sole custody of your children, you can lay out the reasons why you should have sole custody when you submit the initial divorce complaint to the courts. That way, your spouse has to respond to your arguments instead of the other way around, which can work to your advantage.
Another benefit of filing for divorce first is that it allows you to choose a time to start your case that best suits your situation. For instance, you can file for divorce when you know you won’t be especially busy with work, when the children may be least affected, or simply when you are best able to devote your full attention to the legal process. This can be a big advantage, particularly for people with busy schedules.
Reasons to Wait
There are some reasons why you might want to wait to initiate the divorce process. Chief among these is if you’re not certain whether you want to get divorced or want to try mediation with your spouse instead of jumping into what could result in a contentious proceeding, waiting to take legal action might be the better choice. Discuss this with your attorney to see if waiting could put you at a disadvantage should your spouse decide to file first.
If you’re not sure if you’re ready to start the divorce process, talk to a Michigan divorce lawyer. Attorney Lisa Stern has decades of experience with these delicate legal matters and can walk you through your l options. Call now or complete our contact form for a confidential consultation.