Who Should File for Divorce First? |
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Michigan divorce and family law attorneys Henry Gornbein and Alisa Peskin-Shepherd discuss key considerations of divorce. In this segment, Henry and Alisa discuss the advantages and disadvantages of filing for divorce first.
Henry: What about filing first does it matter? Alisa: It depends; every divorce case is really unique there are some reasons people feel they need that emotional power that control over the case and over their lives and what’s going on so they want to file force. If there is a need for what we call ex parte orders regarding temporary, regarding support or custody sometimes that will give you an advantage or reason to file first, otherwise there should not be a reason to treat it as a race to the courthouse there is really no reason to unless specifically you know there will be financial issues or issues with the children or emotionally you want that ability to file first. Henry: I think the final reason is if you’re afraid your spouse is hiding or transferring property, you need a restraining order or may want to file first to prevent that marital estate from being lost, there are some firms that encourage their clients to file first through fear tactics, but that’s not a valid reason, and there are many clients who I encourage not to file first, because they want to keep their marriage, and if they don’t want to file, why file? |
