Is it better to file for divorce case first?
When marriages begin to fail, most partners recognise that something is wrong. However, many spouses are afraid to be the first to file for divorce. Some are concerned whether divorce is truly the solution, while others may wonder if they are being too quick, and yet others may simply be unsure how to continue. While people’s reluctance to file for divorce with divorce lawyer toronto is natural, those considering divorce should be aware of the potential perks that come with being the first spouse to file for divorce.
Speak With a Lawyer
When faced with such a huge issue as whether to file for divorce or simply wait till their spouses file first, many people get immobilised by indecision. This is not a decision that should be made without first acquiring as much information as possible. Those who believe their marriages are on the verge of dissolution should consult with an experienced divorce attorney like divorce lawyer toronto who can review their specific circumstances and advise them on the best approach to proceed.
Potential Legal Advantages of Filing First
One of the key legal advantages of filing the divorce petition before his or her spouse is that the filer might obtain an order from the court while filing the case. Such an order prohibits either spouse from altering the beneficiaries on products such as life insurance or retirement accounts, selling, borrowing against, or transferring property, changing bank accounts, or making other similar financial movements. This is important if the spouse filing for divorce fears the other spouse will try to hide assets.
Being the first spouse to file for divorce allows that person to begin the proceedings when he or she is financially equipped to do so. A person would have had time to gather copies of all key legal papers, such as deeds, bank and investment account statements, wills, life insurance policies, social security cards, and property titles. People who file for divorce first have the advantage of doing so after they have guaranteed that they have access to money and credit to meet their demands during the divorce procedure.