Filing for divorce is a tough thing to do, but there is always some confusion as to how to go about it. One of the most common questions about divorce is about who should file. Many people think that there are benefits to filing first or having their spouse file first, which is a point of contention since you want to have the advantage in legal proceedings.
How your divorce plays out largely depends on what you want to get out of it and who represents you. Discuss your case with a Redwood City divorce lawyer for specific information about your situation and to get the best results.
While filing for divorce, some people believe that there is an advantage to filing before your spouse. The fact is that while there is not a clear advantage to filing first, people who do tend to see better results. That’s because filing first usually means that you are more prepared for the divorce and have a better understanding of the law and how to use it in your favor.
In essence, filing first may give you a bit more control over the process in terms of setting the basis for negotiations. Your spouse will have to start negotiations from wherever you set the boundaries in your filing. This may be helpful when negotiating over things like assets, but that is not guaranteed. It also won’t give you an advantage in terms of things like child custody.
There isn’t necessarily an advantage in waiting for your spouse to file first, either. Once the paperwork is filed, the process begins and you have to participate or risk not getting what you want out of the divorce.
In short, you won’t gain an advantage either way. If you are sure that a divorce is what you want, then discuss it with a lawyer and file when you are ready. Waiting doesn’t help unless you are holding out for a chance to resolve any problems and continue in your marriage.
Filing for divorce is a complex legal process that involves several types of law. Consulting a lawyer before deciding to get a divorce or trying to file yourself is a good idea. The process is difficult to manage on your own unless you have legal expertise, and even then, representing yourself may not be in your best interest since emotions tend to run high in negotiations over divorce assets.
If you’ve decided on divorce, or you want to explore it as an option, discuss it with a Redwood City Divorce lawyer before you take action. Contact the Law Offices of Bradley Bayan at (650) 364-3600 to schedule a free consultation. Our legal team has the expertise in the areas of law needed to manage divorce proceedings and help you get the outcome that you are looking for.