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Should You File for Divorce First?
The question of whether initiating divorce proceedings offers significant advantages often arises among individuals contemplating the dissolution of their marriage. While you may believe that the first spouse to file for divorce holds a superior position to their counterpart, the reality is usually more nuanced and depends heavily on the unique circumstances of the case. Please continue reading as we explore what you should know about these matters and the importance of consulting with an experienced Ocean County Divorce Attorney for assistance.
Does it Matter Who Files for Divorce First in NJ?
In the past, the concept of “fault” in divorce carried significant weight, and filing first might have been a strategic move to establish grounds such as adultery or cruelty in a divorce. Under this fault-based system, a spouse had to demonstrate the other party’s wrongdoing to gain the upper hand in areas like property division and spousal support.
However, with “no-fault” laws enacted across the U.S., either spouse can file for divorce by citing irreconcilable differences or an irretrievable breakdown of the marriage. The act of filing first won’t provide a substantial legal advantage regarding the grounds for divorce itself.
When it comes to property division, New Jersey, as a no-fault state, operates under principles of equitable distribution, aiming for a fair, though not necessarily equal, division of marital assets. The timing of filing generally doesn’t affect these fundamental principles. Similarly, child custody and support are based on the best interests of the child, meaning it doesn’t matter who files first.
Who files for divorce first won’t directly impact the outcome of the case. Both spouses will have their shot at presenting their case and making arguments, regardless of who initiated the process. However, filing first can offer some advantages in how the case is handled.
What Are the Potential Advantages of Filing First in NJ?
A potential advantage of filing first is related to jurisdiction. The party that files first may have more control over where the legal proceedings take place, provided they meet the residency requirements of that particular place. This can be significant if the spouses have moved away or one party believes a specific court might be more favorable to their interests.
It’s important to take into consideration that filing first sets the timeline for the divorce process. It initiates the legal process and requires the other party to respond within a specific timeframe. This can be beneficial for the spouse who is eager to move forward and resolve outstanding issues. Conversely, the responding spouse may feel pressured, as they have less time to prepare their case. Failure to respond can result in the divorce proceeding as an uncontested divorce. The petitioner can then request a default judgment. This means the court will grant the divorce in favor of the plaintiff, without the input of the non-responding party.
Filing first can potentially provide a tactical advantage. For instance, if there is concern that the other party may dissipate or conceal assets, filing for divorce and obtaining restraining orders may help safeguard marital funds. If you are contemplating filing for divorce in New Jersey, please don’t hesitate to contact a knowledgeable attorney from the Law Office of Sarina Gianna, LLC for guidance and skilled representation during these difficult times.