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Two wedding bands on a white background; one is gold and the other is silver with a spousal support band in the middle.

Should I File for Divorce First?

When spouses get divorced, there are several factors that will determine the outcome. One of the most overlooked factors is who files first. You may not know it, but who files first can significantly impact your divorce. If you are ready to file, read on and reach out to our experienced firm to learn more about what we can do for you:

What are the benefits of filing for divorce first?

If your spouse springs divorce on you, you will most likely be severely underprepared. However, if you file first, you would have already spoken with an attorney, established a budget for the future, and have all the legal documentation filled out and ready to go. If you believe you are ready to file but are unsure of how to best plan your budget, you may hire a financial analyst to create a plan with you. As with anything, when getting a divorce, it is best to be proactive.

Will I save money by filing for divorce first?

Oftentimes, yes, you will. Those who file first can create a budget, secure a line of credit, and have time to choose the right attorney. In some cases, the right attorney may make all the difference. You may also save money by filing an Automatic Temporary Restraining Order–though generally, we think of restraining orders as having to do with incidents of violence or threats of violence, restraining orders also halt all financial activity in joint accounts, preventing your spouse from lending or borrowing money, changing your insurance, retirement, or investment terms until your divorce is finalized.

Why else is it better to file for divorce first?

Since divorces are very often decided in the jurisdiction in which they are filed, you may avoid traveling for long distances if your spouse no longer lives in the same state if you file first. Additionally, it may be advantageous to file in your state specifically, as every state has different divorce laws in place. If you are ready to file, it is in your best interest to speak with our compassionate firm today. We are here to help.

Contact our experienced New Jersey firm

Matters of divorce and family law require the attention and skill of an experienced attorney who will fight for your future. Not only is your financial well-being at stake, but in a divorce, both you and your children’s emotional well-being are at risk as well. If you need a divorce and family law attorney in Ocean County, New Jersey, please do not hesitate to contact the Law Office of Sarina Gianna, LLC today to schedule a consultation.