QUESTION

Is there an advantage to file for divorce first?

Asked on Jan 04th, 2011 on Child Custody - New Hampshire
More details to this question:
I am presently separated and living out of our house. She asked me to leave so I did. There was no major reason for separation just differences about adult children and lack of affection from her for a year or so. Her son moved back in and is stealing thousands of dollars from us was the last issue that caused friction for us. Is it better to live in your house (owned) or move out before filing? Thank you.
Report Abuse

5 ANSWERS

Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
Update Your Profile
Neither the question of who files first or who moves out of the home first has any direct legal significance or influence on the ultimate outcome if a judge has to rule on any disagreements about the terms of the final divorce. The significance of who moves out first depends on the nature of your relationship with your wife. If you trust each other sufficiently to believe that it isn't necessary to immediately remove furnishings or other items from the home to protect against spiteful or malicious conduct by the other, the only factor to be considered is what the longer term plan for the house will be. The ideal situation is that you and your wife conduct the process of physically separating and pursuing the legal proceedings in an amicable, organized, planned and orderly fashion, so if that is possible it really isn't important whether you file before or after one person moves out. If a bitter and hostile fight over everything is likely, then perhaps it is better to stay in the home until a judge can rule and set out an orderly plan for the physical separation.
Answered on Jan 05th, 2011 at 2:28 PM

Report Abuse
Family Law Attorney serving San Diego, CA
1 Award
Usually moving out is a bad idea, simply due to the cost and inconvenience. Also if there were minor children, I would want you to make sure you were getting plenty of time/visitation with them. IN your situation, I'd say it is up to you. Make sure you have take things out of the house that are important to you. Between an ex-wife and a stealing child, you might not have anything left in the home. If you have decided to divorce, than you should go ahead and file, but there is no significant advantage to being the first to file. Call an attorney for a consultation on your specific facts before you make any be decisions.
Answered on Jan 05th, 2011 at 9:28 AM

Report Abuse
David J. Reed
The advantage to filing first is that you are in the control of the timeframes within accompanying the divorce. There is no significant advantage to being the plaintiff in the matter, the facts are what they are, however, it is always advantageous to have control of the time frames.
Answered on Jan 05th, 2011 at 7:13 AM

Report Abuse
Thomas Patrick Connelly
If the house is a marital asset, I always recommend staying put. Also, I believe that filing first is advantageous. Neither of these are "game changers" however.
Answered on Jan 05th, 2011 at 3:58 AM

Report Abuse
Family Law Attorney serving Kingston, NH at DiManna Law Office, LLC
Update Your Profile
There is no advantage to filing first, whoever files first presents their side of the case first. If you are already out of the house then it won't matter when you file unless you plan on moving back in. If you want to remain in the home then you would file before you leave and request orders from the court for you to remain in the house.
Answered on Jan 04th, 2011 at 6:43 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters