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socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 38117
Experience:  Retired (mostly)
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Would it be to my advantage to file for a divorce first or

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Would it be to my advantage to file for a divorce first or does it matter.

Hello and welcome.

Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. There may be a delay between your follow ups and my replies as I review your responses and prepare your answer.

You are wondering whether there is an advantage to filing before your spouse files? On what grounds would you be seeking a divorce, based on fault or no-fault? In which state do you both reside?

Hello again,

Thanks for requesting me personally.

The advantage to filing for divorce first is simply to gain the opportunity to obtain temporary orders against the other spouse, if you believe that he/she may be concealing assets or otherwise spoiling the marital estate.

Your previous question to me suggests that your spouse may be prone to this type of activity, therefore, while the choice is yours as to what to do, it seems to me prudent to consider filing for divorce as a means of preventing any further potential destruction of the marital estate.

Hope this helps.
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 38117
Experience: Retired (mostly)
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