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Is it a Smarter Strategy to File First for Your Divorce in MA?


Has your marriage started to fall apart? Are you and your spouse struggling to patch up your problems without any success? If you two can no longer get along or you think there is no way to salvage your marriage, then divorce might be a serious option to consider.

It is, unarguably, a difficult choice. You may worry whether you are making a decision in haste, or you may be reluctant because you do not know how to initiate the divorce process. But if both of you agree that your marriage has reached its end, it may be time for you to file for a divorce. Many people don’t realize the importance of filing first. Yes, it’s true that the court will pay equal attention to both parties’ facts and information. However, there are some benefits that come with filing first for your divorce in a Massachusetts family court.

Davis Law Group, led by seasoned family law attorney Jay Davis, could be your best bet when you are ready to file for a divorce. You should call us at (617) 752-6216 or contact us online for a complimentary consultation.

Benefits of Filing for Divorce First in Massachusetts

Let’s take a look as to why you should consider filing for a divorce before your spouse does:

Legal Benefits

The biggest advantage you’ll get by filing the divorce petition first is that you can request a Standing Order from the court. This order prevents both you and your spouse from making any financial moves, such as:

  • Changing beneficiaries on retirement accounts and life insurance policies
  • Transferring, selling, or borrowing against property
  • Changing bank accounts

If you suspect that your spouse will try to hide assets during the divorce, then you absolutely must file for the divorce first. And make sure you are working with a divorce attorney who is experienced enough to handle such manipulative moves on your spouse’s part.

Jay Davis has been representing spouses and parents in divorce cases for over 22 years, and he has seen it all. He knows how some people try to paint a false picture about their finances in court, in an attempt to cheat their way out of paying a fair alimony or child support. Call him at (617) 752-6216 or contact us online to know how you can protect the interests of yourself and your children in a divorce.

If you file first, you will also be able to present your case in the court before your spouse. This can be a huge setback for your spouse if they don’t want to reveal their strategies to you or they have a secret ace up their sleeves.

Financial Benefits

When a spouse or a parent files for a divorce, it means they have financially prepared themselves to do so. They have had time to collect copies of all important legal documents, such as:

  • Bank and investment account statements
  • Life insurance policies
  • Deeds and wills
  • Titles to property

Sometimes it can be difficult to obtain copies of these documents after the divorce proceedings start, especially if the spouses are not on cordial terms.

If you file first, you can assess your collective family finances, and determine the extent of your joint and separate assets and debts. This will give you a precise idea of what will be divided during the property division. You’d also have the advantage of making sure you have access to money and credit cards to fund your divorce.

Talk to a Leading MA Divorce Attorney to File Your Divorce

Once you have decided to legally separate, you may feel paralyzed by indecision as to whether you should be the one to file for a divorce. Even if you feel you are ready to do it all on your own, it’s a decision that must be made after gathering as much information as possible.

If you feel your marriage is coming to an end, talk with a Massachusetts divorce attorney to discuss your unique situation. Considering their vast experience and expertise, they can help you decide the best way to move forward. Whoever files first will have the element of surprise on their side. If your breakup is not amicable, and you think your ex will definitely retaliate, catching them off guard by filing first will be your best option.

Here is a quick overview of people who will benefit greatly from filing for a divorce before their spouse:

  • If your spouse is unstable, abusive, or controlling towards you and your children
  • If your spouse has moved out of the house, and is refusing to help with the bills
  • If your spouse has kicked you out of the house and/or is refusing to let you see the children
  • If your spouse is demonstrating dangerous behavior, and you are scared for the well-being and safety of yourself and your children
  • If your spouse is hiding assets or income from you

In these cases, filing for divorce first can offer immediate relief. While your spouse will obviously have an opportunity to respond to your complaint/petition, and may even file a counter-complaint against you, being the first to file will give you the chance to “set the tone” for the entire proceedings.

Whether you’ve been served with divorce papers or you are considering filing first, you may want to talk to an experienced Massachusetts divorce attorney. Jay Davis and his dedicated legal team at Davis Law Group will help you understand what you can expect from the divorce process and how to make things go your way. To book your free consultation, call us at (617) 752-6216 or contact us online.

The post Is it a Smarter Strategy to File First for Your Divorce in MA? first appeared on Davis Law Group.
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