Filing for divorce before your spouse does may give you a few advantages in the divorce process. However, this could leave your spouse on the defensive; they have only 20 days to file a response to your petition.
That being said, simply filing your petition for divorce first doesn’t mean that you’ll “win” everything you want in the settlement. In fact, there are both pros and cons to filing first, so it’s important to weigh them and seek advice from experienced Frisco divorce attorneys before making your move.
Initiating a divorce in Texas
The divorce process begins when one spouse files an Original Petition For Divorce with the county clerk’s office in the county they reside in (in Frisco, this would be either Collin County or Denton County). This spouse becomes the Petitioner, and the other the Respondent. Once the petition is filed, the case is assigned a number and a judge. As the Petitioner, you have the option to give the divorce papers to your spouse directly or hire a process server to deliver them.
If you’re in a domestic violence or abuse situation, filing first and having your spouse served can protect you by creating distance.
Potential benefits to being the Petitioner
Each divorce case is different, so you may need to decide if these benefits for filing first benefit your situation:
- You can choose the venue: If you and your spouse have already separated and live in different counties (or states), you can benefit from filing where you live. This could spare you travel time and expense if you have to make multiple court appearances.
- You can set the tone: How you present your case in the petition can either demonstrate your willingness to compromise or indicate that the divorce will be contentious. If you share children, there’s a good chance that the judge will award shared custody, so preserving a cordial relationship with your ex can make parenting easier and be easier on your child’s well-being, too.
- You’re in control of the timing: If the filing is a surprise to your spouse, the very short time they have to respond can leave them scrambling to find a divorce attorney. Often, the outcome of a divorce lies in the skill of the family law attorney you choose.
- You get to go first in court: This can give you a strategic advantage in court hearings and at trial. Your first impression on the judge is a powerful one. You’ll be able to present your side and your evidence first, leaving your spouse on the defensive.
You also have a better chance of securing temporary orders for child support, child custody, and spousal support. You can file your petition for divorce with the Collin County Family Law Court and then file a petition for your temporary orders immediately afterward. You may be able to secure exclusive use of the home while the divorce is pending, keep your kids, and prevent your spouse from squandering or hiding shared funds.
Are there disadvantages to filing for divorce first?
There are considerable advantages to filing for divorce first. Namely, you get a measure of control over the direction and tone of the proceeding. However, our divorce lawyers have noted a few drawbacks to filing first:
- You have to pay the initial filing fee: In Collin County, it’s $350, although the Petitioner pays other associated fees, including the process server fees and filing motions fees. The expenses may be relatively minor, and there is an option for waiving your fees if you meet the indigent filing threshold, but if you’re short on money, it is a consideration.
- You may be emotionally affected, which could impact your ability to make smart decisions about the next steps. A good divorce attorney keeps you focused on your goals, so you’re not making critical decisions about assets, debts, and other practicalities emotionally.
Securing favorable temporary orders in a divorce case
We noted that the spouse who files for divorce first often has an advantage when it comes to petitioning the court for temporary orders. Temporary orders are court orders regarding possession of the home, child custody and support, and temporary alimony. They are in effect while the divorce is pending and are enforceable just as any other court order is.
Often, temporary orders become permanent orders. Your lawyer can argue that the existing orders have been demonstrated to be in the child’s best interests and advocate for preserving the status quo. This isn’t a guarantee, but it is a possibility and something you should discuss with your lawyer.
The attorneys at Albin Oldner Law can help you achieve the best outcome for your divorce. Please contact us today at (214) 423-5100 to learn more about your options.
