Are there advantages to filing a divorce or custody action first?

There certainly can be advantages to filing your divorce or custody action first.  There can also be tactical advantages to waiting until your spouse or partner files. Discuss with your attorney whether there are any advantages to you filing first. Your attorney may advise you to file first or to wait until your spouse files, depending upon the overall strategy for your case and your specific circumstances.  Each client’s case is very unique.

Some Examples…

Since this is a frequently asked question, some examples are in order.  For example, hypothetically assume that your spouse is an orthodontist. He or she has moved out of the house and is transferring $10,000.00 per month to you voluntarily. Your attorney may advise you that if this matter went to court, you would get less money. It would then be advantageous to wait to file and let your spouse set a favorable precedent for you. The court may likely follow this favorable precedent if it has been in place long enough. [Read more…]

David J. Crouse & Associates