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Should You Be The One To File For Divorce?

If you are constantly facing problems in your marriage and there is no way to fix them, you might be considering a divorce. Deciding and accepting that you need a divorce is never easy, and bringing up the subject with your spouse can be even more difficult. One is never ready to make such a decision, but it is also essential to consider the benefits of being the party who files first. 

There are various financial and legal advantages of filing for divorce before your spouse does. It is better to be the one who serves the divorce papers rather than the person who receives them out of the blue. Consult with a Delaware divorce lawyer to get started. 

Benefits of filing for divorce before your spouse does

  • You can create your divorce team in advance. 

A divorce team is not a group of friends or family members telling your spouse that they are at fault for the divorce. Instead, a good divorce team consists of an experienced Delaware divorce attorney to guide you through the process and a financial analyst to divide assets and settle debts. It is also recommended to get a good therapist to help you stay sane throughout the process.
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  • You have more control. 

While filing for divorce first does not necessarily mean you will get your way, you will slightly have more control than the other party. For starters, you get to decide when to file. You can also cancel the petition until they give you a response. By filing first, you become the plaintiff, and they become the defendant. Therefore, if your case goes to trial, you would go first. 

  • You can financially prepare for the divorce. 

In most cases, spouses already know when they are about to get a divorce. Still, filing first has its own advantages. When you have decided that you need a divorce, you can financially prepare yourself for what is to come. You can create a budget for the legal proceedings and plan how you will be living in a single earning household.
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  • You can prevent the other from hiding assets. 

When the other party knows you will file for a divorce, they get the heads up to hide their assets. No matter how much you may trust your partner regarding finances, you should never rule out the possibility of hidden assets. Filing first will catch them off-guard, leaving no time for hiding assets. 

  • Gather documentation you will need for the divorce. 

Being the person who gets served divorce papers is never easy. It comes as a shock to many, making it difficult to focus on other essential things. Being the one to file gives you enough time to gather documentation regarding assets, debts, bank statements, taxes, etc. 

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