If you’ve made the difficult decision to move forward with a divorce, you may wonder how quickly you need to move forward after making that decision. You may wonder if it is critical to file for divorce first and if doing so will give you any advantages during the divorce process. That’s an understandable question to ask.
A Look at the Advantages of Filing First
Insofar as protecting your legal rights is concerned, it’s essential to understand that filing first doesn’t give you any more inherent rights under the last than your spouse has. It can, however, offer certain advantages. Some of these include:
- Choice of venue: Depending upon the circumstances of your case, you may have a choice as to which county to file the paperwork in. One example might be if you reside in one county and your spouse resides in another. By filing first, you can choose your county, saving travel time and expenses and feeling more comfortable and familiar.
- Timing: For many reasons, you may be eager to get your case underway – filing first allows you to start the clock on the case. This can be important and advantageous in many ways, depending on your circumstances. You can also delay filing until you have gathered the necessary information and organized yourself to move forward. After all, once the clock starts on your case, the court may begin setting various deadlines for hearings, discovery, and mediation, as a few of only many examples. Choosing when to file will allow you to prepare accordingly.
- You get the first choice of an attorney: Although this is not always the case, it is often true. Indeed, your spouse may have already talked to some attorneys by the time you file your divorce petition. Still, filing first typically means that you’re the first to find and consult with potential attorneys. Being the first to have consultations can be helpful if you live in a smaller town or a location with few divorce attorneys.
While these are a few advantages that might be available to those who file first, it’s essential to keep in mind that regardless of who files first, both parties will have the same fundamental rights under the law regarding important issues like property division, spousal and child support, and child custody.
Filing first will get the case underway – but you will still have to confront the same divorce-related issues and work toward finding ideal solutions to those issues together. Fortunately, various options are available to do that today, all of which can occur outside the courtroom and may help you resolve your problems quickly while saving money and avoiding the stress often associated with courtroom litigation.
How to Effectively Address Your Issues
Although many people think of divorce and picture a couple and their attorneys aggressively battling it out in a courtroom, this is fortunately no longer the case in many situations. Now, more than ever, couples choose to resolve the issues they face during their divorce outside the courtroom. A few of the more popular methods for doing this include:
- Mediation: Mediation has long been one of the most popular alternative dispute resolution methods. Mediation consists of a couple and their respective attorneys meeting with a neutral third party called a mediator in an agreed-upon location. Mediators are often trained to listen to a couple, explain the issues they face, and help them work together to find solutions for those issues that are agreeable to everyone. After the parties have worked toward finding solutions, the mediator and the attorneys may help the parties craft an agreement that outlines those solutions, which can be signed and approved by the court.
- Arbitration: Like mediation, arbitration takes place outside of a courtroom. Unlike mediation, however, arbitration is a process with more formal rules. During an arbitration, the issues are decided by an arbitrator. It is more formal than courtroom litigation but offers the parties more structure and rules. Once a decision is rendered following an arbitration, the parties are generally bound by that decision.
- Collaborative Law: Collaborative Law is an increasingly popular method of addressing divorce-related issues outside court. Typically, the parties meet with their attorneys, who will be trained in the collaborative law process. Specific rules are associated with collaborative law, perhaps the most important of which is that if the parties cannot resolve their issues, the attorneys will withdraw from the case rather than go to court. In addition, the parties generally agree to work openly and cooperatively toward finding solutions for their issues.
Each method can be beneficial and help the parties resolve their issues while reducing the time, stress, and expense of courtroom litigation. In some situations, however, for any number of reasons, courtroom litigation may be the best option for your particular circumstances. And that’s okay, too.
Regardless of whether you file for divorce first or not and whether you try to resolve your issues outside of a courtroom or before a judge, one thing is sure. You will need a knowledgeable and experienced attorney to guide you through the process and ensure that you fully assert your rights and work toward the best outcomes for your family and your future. At The Law Office of Dustin McCrary, we’re here for you.
The Law Office of Dustin McCrary – Here For You
Divorce is a journey. It’s a journey that will have many twists and turns and maybe a few bumps in the road along the way. The good news is that it’s a journey that can, and should, end at a good place. Like many journeys, though, it’s one that you want to make with others. It would be best if you had a guide. Having someone who understands and has walked the path before would be best. You need someone to help you avoid some of the most common pitfalls.
At The Law Office of Dustin McCrary, that’s what we’re here to do. We understand every aspect of divorce, and we’re here to help you reach the outcomes that will work best for your family and your future. If you’re ready to get started, give us a call today.
We look forward to speaking with you soon.