why you should be the one to file for divorce

Why You Should Be the One to File for Divorce

If you and your spouse are heading for a divorce, you may think it doesn’t really matter who files the papers. In actuality there is an advantage to the person who files for divorce.

  • If you are the one to file, you are the one in charge of exactly when it happens. You won’t be blindsided when you’re recovering from surgery, when your job is at a critical moment or when you are on vacation.
  • If you file for divorce you have time to plan. You can hire the attorney you want and take the steps to protect yourself financially that your attorney recommends.
  • You will be able to locate all of the financial records you need to prove the extent of your marital assets. If your spouse files first he or she may use the head start to remove or block your access.
  • Bank accounts and credit cards are at your disposable if you file. You can remove marital assets for safekeeping (if your attorney advises you to do so) or freeze joint credit cards and have individual accounts and cards ready to go.
  • When you file for divorce, you generally control the location of the divorce. Your attorney will be able to file in your home county. If your spouse has moved to another county, this prevents him or her from filing there where it is less convenient for you.
  • When you file, your attorney can seek temporary orders of custody, child support, spousal support and exclusive occupancy of the marital home. These are valuable not only in the short term but because judges tend to like to maintain the status quo and a temporary order is likely to become a permanent order.

Call the Sampair Group for your divorce or family law case in Phoenix, Scottsdale, Paradise Valley and Glendale. Our attorneys are ready to help you.