Can Filing First Positively Affect Your Divorce Proceedings?
Posted on June 7, 2017Filing First and You
In any divorce, who filed first makes a significant difference in the court of opinion. People like to see who filed first to determine little bits and pieces of the relationship. However, outside of the scope of what people think, who filed the papers first in a divorce means a lot when it comes to the laws. It’s interesting how it works out, something people don’t put much stock into outside of gossip and rumors can make all of the difference. However, when you consult a Divorce Lawyer, you will find that filing first positively impacts your case in divorce proceedings.
No one wants to put themselves in the worse spot when it comes to their divorce. Any advantage gained helps with ensuring you receive the strongest compensation for the divorce. While every state hosts different laws, that leads to people confusing different laws and misunderstanding how the filing process works. It’s essential for your divorce that you understand how to optimally file for your best benefit. Let’s look into how filing first can make a positive impact in your divorce proceedings.Your Divorce Lawyer Gains a Leg Up on Theirs
When you take part in a divorce, odds are each side will possess their own divorce lawyer. The divorce lawyers will work with their respective sides to present their cases in the strongest way possible. This is in hopes to receive the best settlement possible, and please their clients to the highest degree. When it comes to Divorce Lawyers, however, they work similarly to other lawyers. This means the most preparation possible allows them to work the most efficiently, and have the best odds of getting the best results.
A comparison to keep in mind is a DUI Lawyer has to gather up facts about the case and determine loopholes to help the accused party serve the lightest possible penalty. While many think of divorces as greatly different cases, for lawyers they work nearly the same. A divorce lawyer benefits from all additional time afforded to them. They look to build up a case, finding bits and pieces to put together to present to the decision makers.
When you file first, you are giving your divorce lawyer time to work on finding the necessary information to give you the strongest case possible. Meanwhile, the opposing side does not even know yet that they should be preparing, meaning you have a leg up in the case. This time must be understood as valuable. Divorce Lawyers excel at finding key pieces, but like all professionals as much time as possible allows them to find as much as possible. So while your lawyer is off finding key benefits for your case, the other side has not yet even started to look.How You Appear in Court
There is a psychological advantage to filing first that must also be appreciated and understood. See, if your divorce proceedings take you into the court of law, every little detail gets pieced together to determine who deserves each part being argued about. That means if there is an argument over the children, for example, there may be additional context that comes into the equation to determine who gets the children.
Often whoever files first will get the right to present their case first. While that may not seem like a big deal to the naked eye, it can make a tremendous difference in the court room. You get to present your arguments first, meaning the opposing side must follow up on what you say, though they do not know what you are going to say. This means that rather than the opposing side simply stating their case and sticking with it, they have to state their case and respond to yours. Otherwise, your case sits there with no rebuttal, and that makes it even more impacting towards the decision makers.
This psychological advantage works to boost your own confidence about the case, puts you in a better light and a stronger advantage towards those making the decisions, and puts the other party at a disadvantage. It can certainly help a lot.Filing First Shows Who Wants to Put in the Effort More
Like the psychological advantage, filing first shows how much you care. It may not seem like the biggest deal, but it once again puts you in a better light. Rather than taking your time or waiting things out, you decided to take the leap. That means maybe you were so unhappy in the marriage you had to do it. Perhaps you knew it was what’s best for everyone involved. It shows a level of care and maturity that is appreciated by other people. Remember, in these cases you are looking to put yourself in the best light. Filing first works as a step towards doing so. When push comes to shove, the advantages outweigh the disadvantages. Your case benefits, and you see the benefits. Consult with your divorce lawyer, then file those papers.